Results.
272 judgments found.
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| 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| December 2023 |
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Leave to amend was limited to the exhibited proposed amendments; additional amendments were disallowed.
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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.
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16 December 2023 |
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Whether the President's non‑occupation of the official residence breached public‑finance principles and was justiciable in the Constitutional Court.
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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.
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8 December 2023 |
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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.
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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.
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1 December 2023 |
| November 2023 |
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Advocate's participation in a separate closed matter did not rebut judges' impartiality; panel reconstitution is an administrative presidential function.
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Judicial recusal — reasonable apprehension of bias — presumption of impartiality — Judicial (Code of Conduct) Act ss.6–7 — administrative constitution/reconstitution of panels — s.4(2) Constitutional Court Act — burden of proof for apprehended bias.
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7 November 2023 |
| October 2023 |
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Appeal dismissed: isolated incidents of violence and intimidation were not proven to have prevented the majority from choosing their preferred candidate.
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Electoral law — nullification threshold under s.97(2) EPA — misconduct by candidate or with agent's consent and requirement that misconduct be widespread enough to have prevented majority voters choosing preferred candidate — proof to convincing clarity.
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27 October 2023 |
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Section 30 CCA is constitutional; costs in constitutional litigation may be awarded only for frivolous, vexatious, or abusive conduct.
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Constitutional law — costs — s.30 Constitutional Court Act — judicial discretion to award costs — constitutional and public interest litigation — caution in awarding costs — factors: frivolous/vexatious, abuse of process, conduct of parties and counsel — need for procedural rules.
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27 October 2023 |
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Whether the JCC can investigate pre-appointment misconduct and whether failure to follow Article 144 suspension procedure nullifies removal.
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Constitutional law — Judicial Complaints Commission jurisdiction over pre-appointment conduct; Article 143/144 removal procedure — mandatory requirement to report prima facie case and suspend judge; Article 266 — gross misconduct includes corruption; procedural irregularity not remedied where substantive outcome established; relief refused as futile.
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26 October 2023 |
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An allegation that a person’s conduct contravenes the Constitution must be commenced by petition; originating summons was unsuitable and dismissed.
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Constitutional procedure — Mode of commencement — Article 128(1)(a),(b) and 128(3)(c) — Petition required where an act by a person is alleged to contravene the Constitution — Originating summons appropriate only for non‑contentious, general constitutional interpretation.
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26 October 2023 |
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Constitutional Court lacks jurisdiction over redundancy-related salary and damages claims; Industrial Relations Division is competent.
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Constitutional jurisdiction — Article 128 — interpretation of the Constitution versus employment disputes — redundancy and pension retention on payroll — Industrial Relations Division competent to grant employment remedies.
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26 October 2023 |
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A district council election can only be annulled by a petition founded on Section 97 of the Electoral Process Act.
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Electoral law — Local government election petitions — Section 97 Electoral Process Act as the sole statutory basis to challenge and annul council chairperson elections — competence of petitions — petitions not grounded in s.97 are incompetent.
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2 October 2023 |
| September 2023 |
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AG not required to prosecute JCC complaints; JCC procedure and President’s suspension/removal of DPP were lawful.
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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.
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28 September 2023 |
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Article 165 is prospective; Constitutional Court lacks jurisdiction to decide ordinary chieftaincy succession disputes.
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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.
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26 September 2023 |
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Constitutional Court judges must have specialised training or experience in human rights or constitutional law.
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Constitutional law
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Judicial appointments — Advertising and transparency — Whether Constitution requires advertisement/public interviews for superior court judges — Articles 140, 173, 220
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Qualifications for Constitutional Court — Specialised training or experience in human rights or constitutional law required — Article 141(1)(b)
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Court of Appeal leadership — Appointment of Judge President and Deputy Judge President by President on JSC recommendation — Article 140 and Court of Appeal Act
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19 September 2023 |
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Whether judicial appointments require advertised vacancies and whether Constitutional Court judges need human‑rights or constitutional‑law training.
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Constitutional law
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Judicial appointments — Requirement to advertise vacancies and publicise interviews for superior‑court judges — Interpretation of Articles 8, 173 and 220(2)(b)
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Qualifications for Constitutional Court — Specialised training or experience in human rights or constitutional law required under Article 141(1)(b)
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Court of Appeal leadership — Appointment of Judge President and Deputy Judge President falls within President's power under Article 140
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19 September 2023 |
| August 2023 |
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An originating‑summons challenge to seizures involving a former President was dismissed as personalised, contentious and improper for exclusive constitutional interpretation.
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Constitutional interpretation — originating summons — personalisation and contentiousness — immunity of former President (Article 98) — seizure vs investigation — jurisdictional threshold.
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3 August 2023 |
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Originating Summons improperly used to raise personalised constitutional issues; matter dismissed for lack of jurisdiction and abuse of process.
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Constitutional Court jurisdiction; Article 128(1) interpretation jurisdiction; Article 180(4)(c) and (8); mode of commencement—Originating Summons v petition; personalised and contentious constitutional questions; review of Subordinate Court decisions; abuse of court process.
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3 August 2023 |
| July 2023 |
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Court finds State has not fully implemented judicial financial autonomy but declines to void transitional emoluments provisions.
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Constitutional law — Judicial independence — Financial autonomy of the Judiciary — Articles 122(3) and 123(1) — Transitional provisions — Emoluments Commission — Validity of statutory provisions prescribing judges' emoluments.
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31 July 2023 |
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Constitutional Court lacked jurisdiction to entertain a petition challenging nominations and rescinding resignations in parliamentary by-elections.
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Constitutional jurisdiction — election law — Article 52(6) — nominations and rescission of resignation — limits of Constitutional Court jurisdiction; election petitions reserved for High Court; abuse of process.
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11 July 2023 |
| June 2023 |
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Article 52(6) does not permit independent candidates to withdraw after nominations; ECZ cancels only for party candidate resignation, death or disqualification.
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Constitutional interpretation; Article 52(6) — resignation v withdrawal; Electoral Process Act s31(2) — withdrawal only before close of nominations; independent candidates; ECZ duty to cancel only for party-sponsored candidate death/resignation/disqualification.
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15 June 2023 |
| March 2023 |
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Local authorities qualify as "persons" under Article 266; Article 160 mandates one‑year immunity against enforcement; other issues non‑constitutional.
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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.
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30 March 2023 |
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Whether vacancies caused by nullification of an election fall within Article 72(4)'s ban on re-contesting during that Parliament.
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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.
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10 March 2023 |
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Challenge to DC appointments dismissed for lack of evidence and because employment-related claims lie outside Constitutional Court jurisdiction.
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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.
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10 March 2023 |
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9 March 2023 |
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Presidential and ministerial statements were opinions, not written instructions, and did not constitute unconstitutional interference; petition dismissed.
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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.
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2 March 2023 |