Results.
272 judgments found.
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| January 2022 |
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Court refused to interpret Article 52(6) because the applicant’s challenge was speculative, academic and lacked a factual cause of action.
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Constitutional law — Article 52(6) — Interpretation of Electoral Commission’s power to cancel elections — Justiciability and ripeness — Cause of action required before constitutional interpretation — Court will not give advisory opinions on hypothetical scenarios.
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19 January 2022 |
| November 2021 |
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A contractual dispute alleging abuse by a lender was dismissed for want of constitutional jurisdiction; national values are not independently justiciable.
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Constitutional jurisdiction — national values and principles (Articles 8 & 9) guide interpretation but are not independently justiciable — Constitutional Court limited to matters of constitutional interpretation or alleged contraventions (Article 128) — contractual/statutory disputes fall outside Constitutional Court’s original jurisdiction.
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29 November 2021 |
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Constitutional Court upheld enforcement of Supreme Court time limits, holding procedural rules cannot be bypassed as mere technicalities.
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Constitutional jurisdiction — Article 118(1) and 118(2)(e) — procedural technicalities — enforcement of court rules — Rule 48(5) time limits — discretionary dismissal by Supreme Court — limits on Constitutional Court review.
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24 November 2021 |
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Petitioner failed to prove misconduct by the candidate or his election agent that could void the election under section 97(2)(a) EPA.
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Electoral law — Election petitions — Section 97(2)(a) EPA — Standard of proof (fairly high degree of convincing clarity) — Liability limited to acts of candidate or duly appointed election/polling agents — Need for corroboration of partisan evidence — Absence from totaling centre not fatal (s36).
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22 November 2021 |
| October 2021 |
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Retention on payroll under Article 189 applies only where the terminal payment qualifies as a pension benefit under relevant law.
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Constitutional law — Article 189(1)&(2): pension benefits and retention on payroll; SI No. 48/2020 (Employment Code exemptions) does not displace Article 189; statutory definition of gratuity under Employment Code Act — long‑term contracts; distinction between Article 67 abstract review and concrete enforcement under Article 128/189.
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27 October 2021 |
| September 2021 |
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Whether contractual gratuity from a fixed-term employment is a constitutionally protected pension benefit entitling payroll retention.
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Constitutional law — Articles 187, 189, 266 — definition of "pension benefit" includes gratuity but must be read with applicable pension statutes — fixed-term contract gratuity — retention on payroll — interaction between constitutional protection and statutory pension/occupational laws — burden of proof on claimant.
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20 September 2021 |
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17 September 2021 |
| August 2021 |
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Whether the President complied with constitutional gender parity and representation requirements in nominations and ministerial appointments.
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Constitutional law — Article 259(1) — mandatory gender parity and representation requirements with provisos for "impracticability" and qualification; Article 173 public service values not applicable to parliamentary nominations or ministerial appointments; presidential discretion constrained by constitutional requirements; evidentiary burden and role of political parties in realizing gender parity.
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18 August 2021 |
| July 2021 |
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Whether a payroll-retention claim pending severance is a constitutional matter or an Industrial Relations Division dispute.
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Constitutional jurisdiction — Article 128 — referral under Article 128(2) — limits on appeals against refusal to refer; Industrial Relations Division — exclusive jurisdiction under s.85 and s.85A — employer–employee disputes; Article 189 — payroll retention pending severance; procedural commencement (originating summons vs petition).
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20 July 2021 |
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13 July 2021 |
| June 2021 |
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Whether Article 63(2)(d) requires the National Assembly’s prior approval of all public borrowing or only of categories prescribed by Parliament.
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Constitutional law — public borrowing — scope of Article 63(2)(d) — whether all public debt requires prior National Assembly approval — relationship with Article 207(1)–(2) — transitional operation of Loans and Guarantees (Authorisation) Act (Cap. 366) — requirement for Parliament to enact or amend legislation to specify loans requiring approval.
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30 June 2021 |
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13 June 2021 |
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11 June 2021 |
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11 June 2021 |
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4 June 2021 |
| May 2021 |
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Application seeking re-interpretation of Article 106 was dismissed as abuse of process; only Article 70(2)(f) question remains.
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Constitutional interpretation — Article 106 (presidential term limits) — finality of constitutional adjudication — res judicata/abuse of process — functus officio — Article 70(2)(f) (suspended sentence and parliamentary eligibility) — procedural dismissal.
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18 May 2021 |
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Application to reinterpret minimum academic qualification requirement dismissed as res judicata in light of prior Constitutional Court decision.
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Constitutional interpretation — Article 70(1)(d) — Minimum academic qualification (Grade 12 certificate or equivalent) — Res judicata — Functus officio — Electoral qualification — Interpretation previously settled by Constitutional Court (Bizwayo Newton Nkunika).
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14 May 2021 |
| March 2021 |
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The respondent's application to correct an alleged accidental omission was dismissed for failure to show a prima facie slip; procedural irregularity deemed curable.
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Constitutional law — correction of judgments — Order XV rule 3 CCR — accidental omissions and clerical errors — prima facie showing required — finality of judgments; procedural compliance — Order IX rule 20(2) — summons grounds — curable irregularity; interpretation — 'chiefdom' and scope of judgment on recognition of chiefs under Article 165.
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30 March 2021 |
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Single judge refused stay of criminal proceedings as interlocutory relief was premature and merits require full-Court determination.
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Constitutional law — stay of criminal proceedings — private prosecution — Article 180(8) DPP consent — interlocutory relief — jurisdiction of single judge — three‑pronged test (serious question, irreparable harm, balance of convenience).
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25 March 2021 |
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10 March 2021 |
| February 2021 |
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Constitutional Court lacks jurisdiction over chieftaincy succession and criminal inquiries; amended petition dismissed with each party bearing costs.
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Constitutional Court jurisdiction — Article 128 and Article 28 — chieftaincy succession not a constitutional question — criminal matters and restitution of evidence outside Constitutional Court jurisdiction — res judicata and finality of litigation.
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12 February 2021 |
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Delay in transmission of a referral does not justify a duplicative constitutional petition; dismissal for abuse of court process.
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Constitutional procedure — abuse of court process and duplicity of actions — filing a petition while a substantially identical High Court referral is pending — locus standi and statutory requirement for consent/leave under Corporate Insolvency Act considered but not decided.
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10 February 2021 |
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10 February 2021 |
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A councilor cannot rescind a resignation during the 30-day notice period; vacancy occurs when that period lapses.
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Constitutional law — Resignation of elected local officials — Article 157(2)(b) — No provision for rescission during the 30-day notice period — Vacancy occurs at end of notice period — By-election timeframe (Article 57) runs from vacancy.
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4 February 2021 |
| January 2021 |
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The Constitutional Court lacks jurisdiction to hear appeals against a presiding court’s refusal to refer constitutional questions, except election appeals.
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Constitutional Court — Jurisdiction — Article 128(1)(d) limits appeals to parliamentary and local government election petitions — Referral of constitutional questions under Article 128(2) — No appellate route to Constitutional Court for refusals to refer — Proper procedure: stay proceedings and commence original action in Constitutional Court.
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29 January 2021 |
| December 2020 |
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Early retirement accepted by employer qualifies under Article 189(2); employee must be retained on payroll receiving salary until full pension payment.
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Constitutional law — Article 189(1) & (2) — pension benefits — early retirement accepted by employer qualifies for constitutional protection — meaning of "retained on payroll" as continued salary payments until full liquidation of pension benefit — reinstatement to effect instalment payments insufficient.
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10 December 2020 |
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Accepted early retirement attracts Article 189(2) protection; employer must retain employee on payroll until full pension payment.
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Constitutional law — pensions — Article 189(2) — meaning of "retained on the payroll" — early retirement accepted by employer qualifies for pension protection — payroll retention requires continued salary payments until full pension liquidation.
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10 December 2020 |
| November 2020 |
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Interlocutory motion dismissed; Article 154's interpretation on conditions of service requires full adjudication, not a preliminary ruling.
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Constitutional interpretation — Article 154 — conditions of service for mayors and council chairpersons; procedure — issues in limine under Order 33 r7; requirement to file affidavit in opposition under Constitutional Court Rules; interlocutory motions vs merits determination.
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24 November 2020 |
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19 November 2020 |
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3 November 2020 |
| October 2020 |
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28 October 2020 |
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20 October 2020 |
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Court expunged several documents as irrelevant or unnecessary; affirmed judicial notice of statutes and authentication rules.
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Civil procedure — discovery and inspection — timely objection to production of documents; Judicial notice — statutes and public Acts (Interpretation and General Provisions Act s.6(1)); Bills vs enacted law — draft Bills are proposed law and not admissible in place of enacted provisions; Parliamentary materials — debates and committee reports as opinion evidence; Authentication of foreign/public documents — requirements under Authentication of Documents Act; Interlocutory expunction of documents.
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16 October 2020 |
| September 2020 |
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A party seeking to correct a full Court judgment must obtain leave of the full Court; an extension to file that application is competent.
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Constitutional Court procedure — correction of accidental slips or omissions — Order XV Rules 3(1) and 7 CCR — extension of time by single Judge — requirement of leave of full Court where judgment delivered by full Court.
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20 September 2020 |
| July 2020 |
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Court exercised discretion to allow respondent to file Answer out of time and awarded costs to the petitioner.
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Civil procedure — Extension of time — Order XV Rule 7 Constitutional Court Rules and Order 3 Rule 5(2) White Book — Court’s discretion to extend time after expiry — considerations: reasons for delay, inordinate delay, prejudice and costs.
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17 July 2020 |
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The Constitutional Court ruled it lacks jurisdiction to quash or examine the contents of a bill proposing constitutional amendments.
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Constitutional law — jurisdiction of Constitutional Court — pre-enactment review of bills — Article 128 — limits on challenging proposed legislation; Constitutional amendment — Article 79 formalities; national values and principles (Articles 8, 9, 61) — procedural legitimacy and public participation; doctrine of exclusive cognisance — limited where constitutional breaches alleged; dissent — preventive review to protect constitutional values.
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3 July 2020 |
| May 2020 |
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29 May 2020 |
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Article 189(2) protects retirees retained on the payroll; "salary" may include payroll allowances such as housing and utilities.
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Constitutional law — Article 189(2) — meaning of "salary" — payroll entitlements — allowances (housing, utilities) may form part of last salary — Public Service Management Division Circulars — partial invalidation of administrative circulars — purposive interpretation.
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20 May 2020 |
| April 2020 |
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Court granted extension to seek leave to correct an alleged accidental omission, guided by promptness and prejudice.
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Constitutional Court procedure — extension of time under Order XV r7 CCR — correction of accidental omission — discretionary relief guided by promptness and prejudice — duty to do substantive justice (Article 118).
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24 April 2020 |
| February 2020 |
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A committal notice must state on its face the exact particulars of alleged contempt; failure to do so is fatal.
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Contempt of court — committal proceedings — Order 52 White Book — notice must be headed in the main action — particulars of alleged contempt must appear on the face of the notice or in an attached schedule — cannot rely on affidavit for particulars — failure to particularise is fatal.
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19 February 2020 |
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Court held Speaker exceeded powers by interpreting Article 72 and ruling on a sub judice matter; petition dismissed, each party to bear own costs.
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Constitutional law — Separation of powers — Parliamentary exclusive cognisance — limits where alleged constitutional breach occurs; Speaker’s power to regulate proceedings; interpretation of the Constitution is a judicial function; sub judice rule and waiver; Article 72 (vacation of parliamentary seat), Article 77(1), Article 119; declaratory relief and justiciability when by-election and third-party interests exist.
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18 February 2020 |
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Section 97(2)(b) applies to ECZ conduct; widespread third‑party violence alone did not annul the Sesheke by‑election.
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Electoral law — Electoral Process Act s.97(2)(b) — pertains to conduct of elections by the Electoral Commission of Zambia; annulment threshold — attributable misconduct; relevance of Josephat Mlewa under current law; electoral violence and burden of proof in election petitions.
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5 February 2020 |
| January 2020 |
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Whether Article 104(3) requires the Speaker to perform presidential functions when a petition under Article 101(4) is filed.
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Constitutional law — Presidential election petitions — Interpretation of Articles 101, 102, 103 and 104 — Applicability of Article 104(3) and Speaker's assumption of executive functions.
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30 January 2020 |
| December 2019 |
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Election nullification reversed where allegations of bribery, theft and violence were unproven and not shown to affect the voting majority.
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Electoral law — election petitions — standard of proof (fairly high degree of convincing clarity) — s.97(2)(a) Electoral Process Act — corrupt and illegal practices by candidate or with candidate's knowledge/agent — requirement to prove effect on majority of voters; procedural rules — filing of answer under Local Government Elections Tribunals Rules; admissibility and corroboration of hearsay, partisan witnesses and confessions.
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11 December 2019 |
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The JSC may discipline judicial officers either on JCC recommendation or on its own initiation under Article 241(c); petition dismissed.
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Constitutional law — judicial discipline — roles of JCC and JSC — Article 241(c) permits JSC to initiate investigations and receive complaints; Judicial Service Commission Regulations (S.I. No.8/1998) valid as consistent with Constitution; Disciplinary Code for Public Service may apply to subordinate magistrates for ordinary offences; Public Finance Management Act contraventions are for High Court jurisdiction
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9 December 2019 |
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Placing a selected candidate on the chiefs' payroll is administrative, not constitutional recognition, so no breach of Articles 165 and 167.
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Constitutional law — Chieftaincy succession — Article 165 (recognition of chiefs) — Article 167 (chiefs' privileges) — Payment of subsidies and placement on payroll not equivalent to constitutional recognition — Administrative acts versus recognition — Role of House of Chiefs and Chiefs Act.
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4 December 2019 |
| November 2019 |
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Whether the Constitutional Court may judicially review a proposed constitutional amendment bill for compliance with national values and principles.
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Constitutional law — Jurisdiction of Constitutional Court — Whether Court may review or quash a proposed bill before enactment; application of national values and principles (Arts. 8, 9, 61); limits of Article 128 jurisdiction.
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29 November 2019 |
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Sections 3–7 of the Chiefs Act conflict with Article 165 and are void; chieftaincy recognition must follow customary processes.
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Constitutional law — supremacy of the Constitution — Article 165 guarantees chieftaincy per culture and forbids legislation conferring recognition or withdrawal powers — Sections 3–7 Chiefs Act inconsistent and void.
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27 November 2019 |
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Order VIII rule 1(1) requires physical presence for oral evidence; video-link testimony disallowed absent agreement or protocol.
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Constitutional procedure — Evidence — Order VIII r.1(1): oral evidence in open court implies physical presence unless parties agree; alternatives (affidavits, dispensation, interrogatories) available; video‑link testimony not permitted absent procedural protocol or parties’ agreement.
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25 November 2019 |
| October 2019 |
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Summons for judgment on admission dismissed because respondent gave no clear, unequivocal admission; each party bears own costs.
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Civil procedure — Admission — Entry of judgment on admission requires clear, unequivocal admissions; Order 27 rule 3 White Book; Constitutional Court single-judge jurisdiction limits.
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22 October 2019 |