Skip to document content Skip to main menu Skip to search

Constitutional Court of Zambia - 2026

12 judgments
Advanced search
Skip past years
Skip past months
Filters
Skip to results
12 judgments
May 2026
Mputa Ngalande v The Attorney General (2025/CCZ/0019) [2026] ZMCC 12 (11 May 2026)
Whether ministerial power to suspend elected councils and appoint administrators violates constitutional local‑government autonomy.
  • Constitutional law — Local government — Suspension of elected councils and appointment of administrators — Whether ministerial suspension and replacement of councils breaches Articles 147(3), 152(2) and 156 of the Constitution
11 May 2026
April 2026
Zambia Civil Liberties Union v Commissioner for Refugees and Others (2025/CCZ/003) [2026] ZMCC 11 (27 April 2026)
A statutory residence‑permit requirement for "ordinarily resident" is invalid to the extent it narrows the constitutional definition.
  • Constitutional law
    • — Citizenship — Definition of "ordinarily resident" — Whether statutory requirement of a residence permit is consistent with Article 266
    • — Supremacy of the Constitution — Validity of statutory provisions inconsistent with constitutional definitions — Invalidation to extent of inconsistency
    • — Amendment procedure — Whether an ordinary Act can effect constitutional amendment — Article 79 (procedure required)
27 April 2026
Legal Resources Foundation Limited v The Attorney General (2025/CCZ/0020) [2026] ZMCC 9 (2 April 2026)
Respondent’s failure to enact Article 60(4) political-party legislation is unconstitutional; Respondent ordered to legislate within 12 months.
  • Constitutional duty to legislate — Article 60(4) — political parties regulation — justiciability of omissions — Societies Act read-in conformity with Constitution — enforceability of Articles 45 and 60(2) — separation of powers and remedies
2 April 2026
March 2026
People's Action for the Country's Transformation v Electoral Commission of Zambia and Anor (2026/CCZ/001) [2026] ZMCC 10 (30 March 2026)
Challenge to sequencing of delimitation and voter registration dismissed; delimitation disputes governed by Article 58(7) and no required sequence exists.
  • Constitutional law — delimitation of constituencies — Article 58(7) special review mechanism; delimitation need not precede voter registration; Act No.13/2025 increases constituencies; ripeness/prematurity of constitutional challenges; independence of Electoral Management Body
30 March 2026
Climate Action Professionals Zambia v Attorney General (2025/CCZ/0025) [2026] ZMCC 7 (25 March 2026)
Whether non‑implementation of statutory climate mechanisms constitutes a justiciable constitutional violation.
  • Constitutional law — Article 257(g) duty to address climate change — Green Economy and Climate Change Act (GECCA) — IMRV System, Climate Change Fund, Climate Change Register — statutory compliance vs. constitutional question — jurisdiction and justiciability — referral under Article 128(2).
25 March 2026
Munir Zulu v The Attorney General and Ors (2025/CCZ/0011) [2026] ZMCC 8 (25 March 2026)
An MP’s imprisonment automatically vacates the seat; an appeal does not suspend the vacancy or by-election timeline.
  • Constitutional law — Parliamentary privilege limited to proceedings; Imprisonment disqualifies MP under Art 70(2)(f) and vacates seat under Art 72(2)(b); pending appeal does not suspend vacancy or by-election timelines; Article 128 references decided on the referring court’s record; Chilangwa affirmed.
25 March 2026
Munir Zulu v Attorney General and Anor (2025/CCZ/0010) [2026] ZMCC 6 (19 March 2026)
Whether Article 76 parliamentary privilege protects media statements made within National Assembly precincts.
  • Constitutional jurisdiction — Article 128(2) referral obligation; Parliamentary privilege — Article 76 freedom of speech limited to formal proceedings; Press briefings and media statements within precincts not protected; Justiciability of internal parliamentary matters.
19 March 2026
February 2026
Brigade Construction Limited and Ors v The Attorney General (2025/CCZ/0023) [2026] ZMCC 4 (24 February 2026)
Constitutional Court lacks jurisdiction to review High Court interlocutory orders affecting the Bill of Rights; applicants should appeal.
  • Constitutional jurisdiction — Article 128(1) limited by Article 28 — Bill of Rights matters (Articles 11–26) to be determined by High Court and Supreme Court — High Court interlocutory/procedural orders — limits on use of Constitutional Court originating summons for abstract interpretation — abuse of process — remedy by appeal.
24 February 2026
Makebi Zulu v The Attorney General (2025/CCZ/0032) [2026] ZMCC 5 (11 February 2026)
Discontinuance of constitutional petitions must follow Order X rule 3; consent summons under Practice Direction 11 is impermissible.
  • Constitutional Court practice — discontinuance/withdrawal — Order X rule 3 mandatory — consent summons/Practice Direction No.11 inapplicable — notice and service — full Court where cause-listed — costs and public interest.
11 February 2026
Law Association of Zambia and Ors v The Attorney General (2025/CCZ/0029) [2026] ZMCC 3 (10 February 2026)
Petitioners permitted to discontinue under Order X Rule 3; court declined respondent's request for costs, ordering each party to bear own costs.
  • Constitutional procedure — Discontinuance under Order X Rule 3 — Court’s discretionary power to allow withdrawal before judgment; Costs — section 30 CCA — discretion to award costs where litigation is frivolous or vexatious; Prima facie finding — relevance to denying costs.
10 February 2026
January 2026
Morgan Ng'ona (Suing as Secretary General of the Patriotic Front) v The Attorney General and Anor (2025/CCZ/002) [2026] ZMCC 2 (28 January 2026)
Whether a parliamentary seat is vacant immediately on party expulsion or only after court confirmation or lapse of challenge period.
  • Constitutional law — Article 72(2)(e) expulsion — Vacancy of parliamentary seat — Judicial review under Article 72(5)-(7) — Role of High Court (s.96 Electoral Process Act) — Speaker's mechanical duty to inform ECZ once vacancy arises.
28 January 2026
Tresford Chali v The Judicial Complaints Commission and Ors (2024/CCZ/0019) [2026] ZMCC 1 (20 January 2026)
A challenge to the JCC's report and removals must proceed by judicial review in the High Court, not by original petition here.
  • Constitutional jurisdiction — Judicial Complaints Commission as inferior administrative body — proper remedy is judicial review in High Court — Article 128(2) referral of constitutional questions — limits of Constitutional Court's original jurisdiction.
20 January 2026