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Constitutional Court of Zambia - 2023 September

3 judgments
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3 judgments
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September 2023
Siyunyi v The Attorney General (2022/CCZ/0028) [2023] ZMCC 13 (28 September 2023)
AG not required to prosecute JCC complaints; JCC procedure and President’s suspension/removal of DPP were lawful.
Constitutional law – Director of Public Prosecutions – Judicial Complaints Commission – Attorney-General’s prosecutorial duty (Article 177) – Presidential decisions and delegation (Articles 91, 93) – Waiver of Oath of Office – JCC procedural autonomy (Article 144(4)(a); JCCA s28) – Quorum statutory not constitutional – Suspension and removal lawfully effected under Articles 144 and 182.
 28 September 2023
Mutambo v The Attorney General (2023/CCZ/007) [2023] ZMCC 12 (26 September 2023)
Article 165 is prospective; Constitutional Court lacks jurisdiction to decide ordinary chieftaincy succession disputes.
Constitutional law — Non‑retrospectivity of constitutional amendments; Article 165 (2016) prospective; transitional provisions (Act No.1 of 2016) preserve pre‑amendment acts; chieftaincy succession disputes are matters of customary law and fact for ordinary courts — Constitutional Court lacks jurisdiction absent a genuine constitutional question.
 26 September 2023
Mwanza and Anor v The Attorney General (2023/CCZ/005) [2023] ZMCC 10 (19 September 2023)
Court held no mandatory advertising of judicial vacancies but requires human rights or constitutional law training/experience for Constitutional Court judges.
Judicial appointments – no constitutional requirement to advertise vacancies or hold public interviews; Article 141(1)(b) – Constitutional Court judges must have specialised training or experience in human rights or constitutional law; Appointment conditional on National Assembly ratification – qualification measured at ratification; Judge President and Deputy Judge President of Court of Appeal fall within "other judges" and are appointed by the President; Recommendation for legislative framework to regulate JSC selection procedures.
 19 September 2023