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Citation
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Judgment date
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| December 2024 |
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Whether transitional savings preserved the repealed term‑limit regime, rendering the former president ineligible for future presidential elections.
Constitutional interpretation; transitional provisions (Act No.1 of 2016, ss.2 & 7); repealed Article 35 (1991 Constitution); Article 106(3) term limits; per incuriam and stare decisis; res judicata; eligibility to stand for presidency.
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10 December 2024 |
| November 2024 |
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Originating summons for abstract interpretation of Article 74(2) dismissed as the dispute is personalized, contentious and requires trial.
Constitutional interpretation – Originating summons – Criteria for abstract interpretation: questions must be sole constitutional questions, general (non-personalized), prospective and non-contentious – Article 74(2) (Leader of the Opposition) – Disputed party processes and Speaker’s role – Suitability for interpretation declined.
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13 November 2024 |
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Context determines whether an indigenous word is insulting; contextual evidence lacking, petition dismissed and costs awarded.
Constitutional law — alleged insulting public language by President — contextual interpretation of indigenous language — proof required to show constitutional breach — petitions lacking contextual evidence may be dismissed as frivolous and vexatious — costs awarded.
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11 November 2024 |
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Court granted extension to file a reply, finding an inadvertent date misunderstanding and no prejudice to the applicant.
Civil procedure – Extension of time under Order XV, rule 7 CCR – Discretionary relief for filing out of time – Inadvertent misunderstanding of orally pronounced date as sufficient ground – Consideration of promptness and prejudice – Costs not awarded.
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5 November 2024 |
| October 2024 |
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An interim stay cannot be granted where the presidential suspension has already been implemented; single judge declined to decide standing.
Constitutional procedure — interim relief in original jurisdiction — Order X Rule 2 and Order IX Rule 20 CCR — locus standi — single judge v full Court competence — stay of decision unavailable once decision implemented — res judicata and JCC disciplinary process.
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29 October 2024 |
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Constitutional electoral timelines (90‑day by‑election; 7/21‑day nomination challenge) are mandatory and cannot be extended by court proceedings.
Constitutional time limits – Article 57(1) 90‑day by‑election rule mandatory – Article 52(4) nomination challenge 7/21‑day rule – Courts may not enlarge constitutional timelines – Vacancy determinations governed by Article 159, Electoral Process Act and Local Government Act – Article 128(2) referral regime; originating interpretation permitted in exceptional circumstances.
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15 October 2024 |
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A presidential remission shortens imprisonment but does not expunge conviction or restore pre‑conviction employment rights.
Constitutional law — prerogative of mercy — remission vs pardon — effect on conviction and disqualification from office; Jurisdiction — Article 128 limits challenges to Part Three/regulatory schemes; Interpretation — construing Order of Release against Article 97(1).
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11 October 2024 |
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Recusal application alleging judicial bias dismissed for lack of cogent evidence; presumption of impartiality upheld.
Constitutional law – Recusal – Judicial impartiality presumption – High standard of proof for bias – Reliance on prior rulings, remote corporate links or unproven family ties insufficient – Abuse of process/forum shopping concerns.
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3 October 2024 |
| July 2024 |
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Petition challenging Penal Code's "order of nature" provisions raises substantial constitutional issues; Court orders full hearing before a single judge.
Constitutional jurisdiction – Article 128 (subject to Article 28) – jurisdiction to interpret Constitution in petition – challenges to Penal Code for vagueness, discrimination, dignity and privacy – requirement of full hearing before determination.
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29 July 2024 |
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Whether a retiree retained on the payroll pending pension payment is entitled to later salary increments and continued pension contributions.
Constitutional law — pension rights — Articles 187 and 189 — interpretation of retention on payroll — entitlement to salary increments while retained — remittance of pension contributions — calculation of pension based on last salary.
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26 July 2024 |
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Constitutional Court lacks jurisdiction to determine Part III (Bill of Rights) challenges to court‑martial rules; High Court/Supreme Court are the proper forums.
Constitutional jurisdiction – Article 128(1)(e) read with Article 28 – Part III (Bill of Rights) jurisdiction reserved to High Court (original) and Supreme Court (appeal) – Constitutional Court lacks jurisdiction to invalidate court-martial rules under Part III – civil proceedings cannot stay criminal/court‑martial proceedings – Article 79(3) referendum requirement to amend Part III.
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26 July 2024 |
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Petitioner failed to prove that presidential remarks or appointments breached constitutional values or Article 259 regional‑balancing requirements.
Constitutional values—patriotism and national unity; Article 259—appointments and regional diversity ('where possible'); mandatory requisite qualifications; burden of proof on petitioner to adduce cogent factual evidence; dismissal for lack of evidentiary foundation.
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10 July 2024 |
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Court dismissed a preliminary motion, holding contested constitutional issues unsuitable for summary determination and ordered a full hearing.
Constitutional procedure — res judicata and abuse of process — functus officio and jurisdiction — Article 101(4) electoral challenge timeframe — Order 14A White Book; summary determination vs full trial.
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9 July 2024 |
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The applicant’s discontinuance was allowed; the Court exercised discretion and ordered each party to bear their own costs.
Constitutional Court — Discontinuance under Order X r.3 CCR; costs discretionary under s.30 CCA; finality of interlocutory costs orders; promotion of ADR (Art.118(2)(d)); discontinuance does not affect cross-petitions/committal proceedings.
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8 July 2024 |
| June 2024 |
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The applicant's constitutional challenge to ZIALE's investigation and withholding of results was dismissed for lack of constitutional breach.
Administrative law; statutory body investigatory powers; Rule 29 ZIALE Student Rules; Article 235 (investigative commissions); natural justice/right to be heard; forum/jurisdiction for discrimination claims; delay in disciplinary proceedings; no proof of collusion with employer.
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28 June 2024 |
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Petition dismissed for want of jurisdiction because it alleged breaches of a party constitution, not a discernible violation of Article 60(2).
Constitutional jurisdiction – Article 128 – Requirement to plead nature of alleged constitutional contravention; Political parties – limits of Constitutional Court jurisdiction – internal party constitutions; Forum shopping/multiplicity of actions – preliminary objection rendered otiose where jurisdiction lacking.
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27 June 2024 |
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Leader of the opposition is elected by the largest opposition party via internal processes; Speaker only receives written notification.
Constitutional law – Article 74(2) – leader of the opposition – meaning of "elect" – internal party selection – Article 60(2)(d),(e) – intra‑party democracy – Speaker's role under Rule 43 – National Assembly Standing Orders.
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25 June 2024 |
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Petition alleging presidential travel was wasteful and unconstitutional was dismissed for lack of cogent evidence; each party bears own costs.
Constitutional values and public service principles; public finance principles; wasteful expenditure under PFMA; burden of proof; budget appropriation and separation of powers; limits of judicial notice and judicial fact-finding.
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17 June 2024 |
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Notice of motion dismissed because respondent's answer lacked the mandatory opposing affidavit, depriving Court of jurisdiction under Order 14A.
Constitutional Court procedure — mandatory requirement for respondent's answer to a petition to be supported by an opposing affidavit; Order 14A summary procedure — notice of intention to defend; suitability of constitutional issues for summary determination; retrospective application of constitutional amendment; applicability of contractual/ZSIC-managed pension benefits to Article 189(2)/LASF.
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7 June 2024 |
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A judicial officer who declines retirement at 55 may only retire upon attaining 65, not at any intervening age.
Constitutional interpretation — Article 145(3) & (4) — retirement ages for judicial officers — literal rule — 'may' v 'shall' — option to retire at 55 limited to the moment of attaining 55 — mandatory retirement at 65.
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6 June 2024 |
| April 2024 |
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Court dismissed challenge, holding NRC 'origin' particulars are statutory/administrative matters, not a pure interpretation of Articles 34–37.
Constitutional interpretation – Citizenship (Articles 34–37) – NRC particulars – origin of name, language, tribe – distinction between constitutional provisions and statutory/regulatory procedures – Originating Summons jurisdictional criteria.
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30 April 2024 |
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Petition challenging tourism concession allocations dismissed as statutory, not constitutional, matters; statutory remedies and ordinary courts appropriate.
Environmental law — Alleged unlawful award of tourism concessions — Statutory remedies under Zambia Wildlife Act (sections 5, 7, 29, 38) — Constitutional Court jurisdiction; public participation and access to environmental information — adaptive management processes vs statutory general management plans.
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16 April 2024 |
| March 2024 |
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The Constitutional Court lacks power to stay subordinate criminal proceedings; the single judge's stay was nullified and discharged.
Constitutional jurisdiction – stay of criminal proceedings – inherent jurisdiction – interlocutory applications – orders made without jurisdiction are nullities.
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15 March 2024 |
| February 2024 |
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Intended Party joined as 3rd Respondent because the reliefs directly affect him; no costs awarded.
Constitutional procedure – Joinder of parties under Order V r.4(b) CCR – Reference to Order 15 White Book – Sufficient interest for joinder – Right to be heard before orders affecting individual – Costs discretionary.
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23 February 2024 |
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Whether the petitioner should have remained on the respondent's payroll pending payment of a commuted LASF lump-sum pension benefit.
Constitutional law — Pensions — Article 189(1)–(2) (retention on payroll) — Section 25 LASF Act (commutation of annuity to lump-sum) — Pension benefit defined — Separation of employer obligations and multi-employer pension fund responsibilities.
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9 February 2024 |
| January 2024 |
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Nomination disputes belong to Article 52(4) proceedings; election petitions require proving substantial non‑compliance affecting results.
Electoral law – nomination challenges – Article 52(4) Constitution – election petitions – section 97(2)(b) EPA (substantial non‑compliance affecting result) – jurisdiction and lapsing of stay – abuse of court process.
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25 January 2024 |
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An individual directly affected by interpretation of Article 74(2) may be joined as an interested party to adjudicate rights and issues.
Constitutional procedure – Joinder of interested parties – Order V Rule 6(1) CCR – Definition of interested party – Discretionary joinder where applicant has sufficient interest; Interpretation of Article 74(2) – Non‑personalised constitutional questions – Procedural timetabling.
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17 January 2024 |