Constitutional Court of Zambia - 2023 March

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6 judgments

Citation	Judgment date
March 2023
Ikelenge Town Council v National Pension Scheme Authority and anor (2022/CCZ/0022) [2023] ZMCC 4 (30 March 2023) Local authorities qualify as "persons" under Article 266; Article 160 mandates one‑year immunity against enforcement; other issues non‑constitutional. Constitutional jurisdiction — definition of "person" (Article 266) — corporate personality of local authorities; Article 160 — one‑year limitation on enforcement of judgments against local authorities; limits of Constitutional Court jurisdiction — statutory (NAPSA) issues are non‑constitutional; representative plea by principal officer — non‑constitutional issue.	30 March 2023
Malanji and Anor v Attorney General and Anor (CCZ 18 of 2022) [2023] ZMCC 3 (10 March 2023) Whether vacancies caused by nullification of an election fall within Article 72(4)'s ban on re-contesting during that Parliament. Constitutional interpretation — Article 72(4) — meaning of "causing a vacancy"; interaction of Articles 70, 72 and 73; nullification of elections vs disqualification; mode of commencement and jurisdiction (originating summons vs petition/election petition); Electoral Commission's administrative guidance and limits of mandate.	10 March 2023
Martin Chilukwa v The Attorney General (2022/CCZ/0030) [2023] ZMCC 14 (10 March 2023) Challenge to DC appointments dismissed for lack of evidence and because employment-related claims lie outside Constitutional Court jurisdiction. Constitutional jurisdiction (Article 128) — National values (Articles 8 & 9) not independently justiciable — Public service values (Article 173) and qualification requirement (Article 259) require evidence — Employment/transfer/allowance disputes outside Constitutional Court jurisdiction — Burden of proof for alleging constitutional contravention.	10 March 2023
Nickson Chilangwa (In his capacity as Secretary General for the Patriotic Front) v Attorney General and Electoral Commission of Zambia (2022/CCZ/0026) [2023] ZMCC 17 (9 March 2023)	9 March 2023
Mwanza v Attorney General (CCZ 9 of 2022) [2023] ZMCC 2 (2 March 2023) Presidential and ministerial statements were opinions, not written instructions, and did not constitute unconstitutional interference; petition dismissed. Constitutional law — Institutional independence — Executive utterances vs written instructions (Article 93) — Director of Public Prosecutions’ independence (Article 180(7)) — Independence of commissions (Article 216) — JCC procedure and recusal — DEC capacity to complain.	2 March 2023
Yamba v Principal Resident Magistrate (CCZ 3 of 2023) [2023] ZMCC 1 (2 March 2023) A single judge lacks jurisdiction to grant a stay of subordinate criminal proceedings; application dismissed. Constitutional Court jurisdiction — interlocutory stay of criminal proceedings — Order X r.2(1) CCR — civil proceedings versus criminal prosecutions — judicial comity and restraint	2 March 2023