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Constitutional Court of Zambia - 2023 December

3 judgments
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3 judgments
December 2023
Milingo Lungu v The Attorney General and Anor (2022/CCZ/006) [2023] ZMCC 26 (16 December 2023)
Leave to amend was limited to the exhibited proposed amendments; additional amendments were disallowed.
  • Constitutional Court — amendment of pleadings — leave to amend confined to proposed exhibited amendments — excess amendments improperly made and disallowable — amended affidavit filed pursuant to express court direction — no costs ordered.
16 December 2023
Sean Tembo v The Attorney General (2023/CCZ/00 14) [2023] ZMCC 25 (8 December 2023)
Whether the President's non‑occupation of the official residence breached public‑finance principles and was justiciable in the Constitutional Court.
  • Constitutional law — presidential residence — Articles 173 and 198 (guiding values/principles of public service and public finance) — no express duty to occupy State House — burden to prove gazette or presidential decision — jurisdictional limit: enforcement of Bill of Rights (Part III) lies with High Court (Article 28) — declaratory relief not a vehicle for compulsion.
8 December 2023
Fredson Kango Yamba v The Principal Resident Magistrate and Ors (2023/CCZ/ 003) [2023] ZMCC 24 (1 December 2023)
Petitioner’s challenge to a criminal charge referencing a constitutional provision dismissed for failure to seek referral under Article 128(2); each party bears own costs.
  • Constitutional jurisdiction — Articles 1(5) and 128(1) — Exclusive jurisdiction to interpret Constitution and determine breaches — Article 128(2) referral requirement where constitutional question arises in another court — Reference to constitutional provision in criminal particulars does not automatically criminalize Constitution.
1 December 2023