Results.
272 judgments found.
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| September 2019 |
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A party must obtain leave before seeking to reopen a Constitutional Court final judgment; failure renders the application incompetent.
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Constitutional Court procedure — Reopening final judgments — Inherent jurisdiction to control procedure — Requirement of leave/permission to reopen — Order I rules and 1999 English practice cutoff — Taylor v Lawrence considered but not imported without regard to statutory cutoff.
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12 September 2019 |
| May 2019 |
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The Public Protector is an investigatory constitutional office, not a court, and is subject to High Court judicial review.
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Constitutional interpretation — Public Protector’s constitutional status and powers — Whether Public Protector is a court — Scope and limits of Article 244(5) — Article 245 limitations — Judicial review under Article 267(4).
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28 May 2019 |
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Placing a purported chief on payroll is an administrative act, not constitutional "recognition", and customary selection disputes are non-constitutional.
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Chieftaincy — Article 165 — meaning of "recognition"; Administrative acts (payroll/subsidy) distinguished from formal recognition; Jurisdiction — constitutional court does not decide non-constitutional customary selection disputes; Chiefs Act s.3 (pre-2016) and effect of 2016 constitutional amendment; Limits of judicial intervention in traditional succession disputes.
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21 May 2019 |
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The new Local Government Act prescribes two-and-a-half-year deputy terms and allows incumbents to seek re-election.
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Constitutional interpretation — Article 154(1) ‘as prescribed’ — effect of repeal and replacement of earlier Local Government Act — Local Government Act No. 2 of 2019 prescribes two-and-a-half-year terms for deputy mayors and deputy council chairpersons and allows one further re-election — incumbents preserved and eligible under section 82(3).
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17 May 2019 |
| March 2019 |
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A materially defective record of appeal justifies dismissal; Article 118(2)(e) does not override mandatory procedural rules.
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Constitutional law — Article 118(2)(e) — procedural technicalities — record of appeal — Supreme Court Rules (rules 10, 58, 68) — dismissal for defective record — jurisdiction to enforce Part III rights — right to fair hearing (Article 18(9)).
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27 March 2019 |
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Suspending a magistrate for a judicial decision violated judicial independence; suspension declared unlawful and damages awarded.
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Constitutional law — Judicial independence — Article 122 prohibition on interference with judicial functions — Suspension of magistrate for judicial decision unlawful; Administrative law — absence of statutory power in Chief Registrar to suspend judicial officers; Disciplinary procedure — distinction between unlawful suspension and separate misconduct proceedings before Judicial Service Commission; Remedies — expungement, back pay, general and exemplary damages, interest and costs.
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14 March 2019 |
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Suspension of a magistrate for referring a constitutional question was unlawful interference with judicial independence; suspension expunged and damages awarded.
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Constitutional law — Judicial independence — Article 122(1)–(2) — unlawful suspension of magistrate for exercising judicial function; administrative law — Chief Registrar’s lack of power to suspend; discipline of judicial officers — separation of suspension and subsequent misconduct charge.
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14 March 2019 |
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Petitioner failed to prove widespread, attributable electoral misconduct required to void the election.
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Electoral law — section 97(2)(a) Electoral Process Act — standard of proof in election petitions — candidate liability only for acts of named election/polling agents or acts with candidate's knowledge/consent — requirement that misconduct be widespread enough to affect majority of voters — need for corroborative documentary evidence (police/FRA records) for serious allegations.
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7 March 2019 |
| February 2019 |
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A petitioner may discontinue a constitutional petition before judgment; court granted discontinuance and ordered each party to bear own costs.
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Constitutional Court Rules — Order X Rule 3 — Discontinuance before judgment — Court’s discretionary power — Reasons not required — Speculative future prejudice insufficient to refuse discontinuance — Costs in discretion (each party to bear own costs).
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14 February 2019 |
| January 2019 |
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Petition seeking enforcement of Bill of Rights was wrongly brought in Constitutional Court and dismissed as abuse of process.
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Constitutional jurisdiction — enforcement of Part III (Bill of Rights) — Articles 28 and 128 — wrong forum/abuse of process — frivolous and vexatious proceedings — civil restraint orders; procedural compliance for record complaints.
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23 January 2019 |
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Petitioner failed to prove widespread corrupt practices under s.97(2)(a); election upheld and credibility findings affirmed.
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Electoral law — s.97(2)(a) Electoral Process Act — void election — corrupt/illegal practices — bribery, distribution of goods, intimidation — standard of proof in election petitions: fairly high degree of convincing clarity — burden to prove candidate’s knowledge/consent or agent’s conduct — deference to trial judge on credibility and corroboration.
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23 January 2019 |
| December 2018 |
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A Constitutional Court dismissed a petition challenging a High Court consent judgment; Commission decisions are reviewable by the High Court.
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Judicial Complaints Commission — constitutional body — decisions amenable to judicial review; High Court jurisdiction over procedural/natural justice challenges; consent judgment — non-party cannot set aside; Article 236, Article 128, Article 144.
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11 December 2018 |
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Whether a presidential period straddling two constitutional regimes counts as a "full term" under Article 106.
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Constitutional interpretation — presidential term limits — Article 106(3) and (6) — transitional provisions — literal versus purposive/holistic interpretation — standing and ripeness for constitutional questions.
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7 December 2018 |
| November 2018 |
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Petitioner failed to prove abuse of public resources, sponsorship of violence, or that GEN12 irregularities affected the election result.
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Electoral law — election petitions — burden and standard of proof — section 97 Electoral Process Act 2016; Abuse of public resources — regulation 15 of Electoral Code of Conduct; Electoral violence — liability requires candidate’s or election agent’s knowledge/consent/approval; Election administration — Form GEN12 (result forms) and consequences of non-countersigning; Substantial compliance — section 97(4) prevents annulment for officer omissions that did not affect result.
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16 November 2018 |
| October 2018 |
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Whether alleged bribery, misuse of state resources, racial remarks, police conduct and violence nullified the parliamentary election.
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Election law — Electoral Process Act s97(2)(a),(b) — standard of proof in election petitions — corrupt/illegal practices and widespread effect — role of Electoral Commission vs police in conduct of elections — alleged vote-buying (boreholes, gifts, cash), misuse of government resources, campaign violence, and admissibility of electronic evidence admitted by consent.
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31 October 2018 |
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Whether the applicant was entitled to remain on the respondent’s payroll under Article 189 after later-corrected terminal benefit underpayments.
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Constitutional law — Articles 187–189 and 266 — definition of "pension benefit" — instalment versus lump-sum payments — payroll retention pending payment — underpayments discovered by litigation — burden of proof on claimant.
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25 October 2018 |
| September 2018 |
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Appeal dismissed for failure to prove bribery, violence, or widespread misconduct preventing majority voter choice.
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Electoral law — Election petition — Standard for nullifying parliamentary election — s97(2)(a) majority threshold — bribery and intimidation — hearsay admissibility — credibility of partisan witnesses.
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24 September 2018 |
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Appellant failed to prove bribery, violence or misconduct sufficiently widespread to void the election.
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Electoral law — election petitions — admissibility of hearsay; standard of proof for nullifying elections under s97(2)(a) — requirement that corrupt/illegal acts be committed by candidate or with knowledge/consent of agent and be widespread to have prevented majority of voters from electing preferred candidate; bribery and electoral violence — necessity of corroboration and linkage to candidate; assessment of partisan witness credibility.
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24 September 2018 |
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An application to issue subpoenas in the Constitutional Court requires leave by motion/notice and subpoenas duces tecum must specify documents; non-compliant subpoenas set aside.
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Civil procedure — subpoenas — Constitutional Court exercising original jurisdiction — default to Supreme Court Practice (1999) — Order 38 Rule 19(3) RSC — leave to issue subpoenas by motion/notice — subpoena duces tecum requires particularity of documents — grounds for setting aside: irregularity, oppression, confidentiality, privilege.
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7 September 2018 |
| August 2018 |
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Election nullification requires a named agent or candidate involvement and proof that malpractices affected the majority of voters.
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Electoral law — election agent — statutory appointment and naming in nomination paper — attribution of corrupt acts; Election petitions — standard of proof — section 97(2)(a) requires proof of corrupt/illegal act and that majority of voters were or may have been prevented; Bribery and undue influence — isolated inducement insufficient to void election without majority/prevention evidence; Credibility — appellate restraint on factual findings.
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20 August 2018 |
| June 2018 |
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An appeal from a single judge must comply with Order 59 RSC; failure to file required documents renders summons incompetent.
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Constitutional Court procedure — appeals from a single judge to the full Court — Order 1 CCR refers to Order 59 RSC; Order 59 Rule 14(12) — renewed application by summons; required documents (summons, order below, affidavit in support) — necessity of skeleton arguments/heads of argument — late filing/competence — expungement of irregular record; costs.
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29 June 2018 |
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The leave requirement for judicial review is valid; Article 118(2)(e) does not abolish the leave procedure.
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+ Constitutional law — Article 118(2)(e) — ‘‘undue regard to procedural technicalities’’ — does not abolish established procedures
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+ Civil procedure — Judicial review — leave requirement (Order 53 RSC) — both procedural and substantive
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+ Jurisdiction — Article 134 — High Court’s original jurisdiction exercisable subject to law and procedure
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+ Applicability of foreign practice — Order 53 forms part of Zambian law via Article 7(e) and Section 10 High Court Act
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+ Discharge of leave — ex parte leave may be set aside where law permits and substantive failure is shown
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28 June 2018 |
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A serving ward councillor cannot validly contest a directly elected mayoral seat without triggering Article 157(3)'s bar.
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Constitutional interpretation — mayoral by-election — eligibility of ward-based councillor — distinction between mayor and ward councillor — Article 157(3) resignation/vacation bar — direct election of mayor — ripeness doctrine.
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22 June 2018 |
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Court finds campaign misconduct attributable to the appellant but insufficient proof it prevented the majority, so nullification reversed.
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Election law — Electoral Process Act s.97(2)(a)(ii) — Electoral Code para.15(1)(a),(c) — attribution by knowledge/consent/approval — defamatory statements and incitement to violence — requirement that misconduct be widespread to have prevented or may have prevented majority of voters — elevated standard of proof in election petitions — costs discretion.
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20 June 2018 |
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Misconduct proved and attributable to the candidate, but lack of proof it affected the majority; nullification reversed, candidate reinstated.
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Election law — Electoral Process Act s.97(2)(a) — Electoral Code para 15(1)(a) and (c) — misconduct by third party attributable to candidate by knowledge/consent — defamation allegations — requirement that misconduct be widespread to have prevented majority of voters — elevated standard of proof in election petitions — costs discretionary.
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20 June 2018 |
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Character assassination can ground nullification, but nullification requires proof it was widespread and altered voters' choice.
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Electoral law; section 97(2)(a) Electoral Process Act; "other misconduct" includes character assassination; defamatory and inflammatory campaign statements; standard of proof and corroboration in election petitions; requirement that misconduct be widespread to affect majority choice; appellate review of factual findings.
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14 June 2018 |
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Transitional provisions preserve Industrial Relations Court Rules until Parliament prescribes procedures for the High Court division.
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Constitutional law — Article 133(2) — Industrial Relations Court as High Court division — Article 120(3)(a),(b) prescribing processes — transitional provision s6(1) of Constitution of Zambia (Amendment) Act No.1 of 2016 — Interpretation and General Provisions Act s15 — applicability of Industrial Relations Court Rules (SI No.206 of 1974) pending legislation.
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13 June 2018 |
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Until Parliament prescribes new rules under Article 120(3), existing Industrial Relations Court Rules govern the division's procedure.
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Constitutional law — division of High Court — Article 133(2) — processes and procedures of specialised divisions to be prescribed by Act of Parliament under Article 120(3) — transitional application of existing laws under section 6(1) of the Constitution of Zambia (Amendment) Act No.1 of 2016 — statutory instruments preserved by Interpretation and General Provisions Act s.15 — Industrial Relations Court Rules (SI No. 206 of 1974) remain applicable pending legislation.
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13 June 2018 |
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Industrial Relations Court Rules remain applicable to the IRC Division until Parliament prescribes new rules.
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Constitutional law — divisions of the High Court — Industrial Relations Court Division — applicability of Industrial Relations Court Rules (SI No.206 of 1974) — transitional provisions (s6(1) Constitution of Zambia (Amendment) Act No.1 of 2016) — preservation of statutory instruments (Interpretation and General Provisions Act s15) — Article 120(3)(a),(b) requirement for Parliament to prescribe processes and procedures.
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13 June 2018 |
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8 June 2018 |
| May 2018 |
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4 May 2018 |
| April 2018 |
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Election petition dismissed: alleged campaign gifts, isolated misconduct and party‑membership claims failed to meet statutory majority threshold.
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Electoral law — Election nullification — Section 97(2)(a),(b),(c) Electoral Process Act 2016 — corrupt/illegal practices must be by candidate or with candidate’s knowledge and widespread enough to affect majority; third‑party misconduct does not by itself void election under s97(2)(b); Article 51 eligibility of independent candidates; petition filed under repealed Act fatal.
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13 April 2018 |
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Panel composition is an administrative prerogative; Article 129(3) requires an uneven number not less than five judges.
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Constitutional Court composition — Article 129(3) — Full bench defined as an uneven number not less than five — Panel constitution an administrative discretionary prerogative of the Court — Parties cannot compel reconstitution of bench.
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6 April 2018 |
| March 2018 |
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Whether the Constitutional Court can reopen a pending interlocutory application where the dismissed parallel proceeding is under appeal.
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Constitutional Court procedure — interlocutory applications — Order IX rule 20 — reopening/rehearing pending applications — inherent jurisdiction — effect of appeal reviving dismissed proceedings.
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28 March 2018 |
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Tribunal’s nullification set aside for reliance on uncorroborated partisan evidence; appellant reinstated as duly elected councillor.
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Election law; local government election petitions — standard of proof (fairly high degree of convincing clarity); corroboration of partisan witnesses; bribery, undue influence and violence allegations; procedural compliance with Election Tribunal Rules (Answer filed out of time).
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28 March 2018 |
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22 March 2018 |
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Court overturned election nullification, finding character‑assassination allegations insufficiently proved to void the election.
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Electoral law — Election petitions — Standard of proof higher than balance of probabilities; section 97(2)(a) E.P
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Act — Character assassination allegations — Partisan witnesses require corroboration — Hearsay and judicial notice limitations
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19 March 2018 |
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19 March 2018 |
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Full bench cannot rehear a single‑judge interlocutory ruling; constitutional interpretation must be commenced by originating summons.
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Constitutional Court jurisdiction — interlocutory matters — rehearing by full bench — mode of commencement for constitutional interpretation — originating summons required — appeal from single Judge; procedural compliance under Court Rules and White Book practice.
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19 March 2018 |
| February 2018 |
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20 February 2018 |
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14 February 2018 |
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9 February 2018 |
| January 2018 |
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29 January 2018 |
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29 January 2018 |
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Whether one‑off terminal payments on resignation qualify as constitutional 'pension benefits' and trigger payroll retention under Article 189.
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Constitutional law — definition of "pension benefit" (Art. 266) — terminal/one‑off payments — payroll retention (Art. 189) — purposive and literal interpretation — reading Constitution as a whole — retirees/retrenchees protection.
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26 January 2018 |
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26 January 2018 |
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24 January 2018 |
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An election petition unsigned by the named petitioner is invalid and cannot be cured by subsequent substitution; appeal allowed.
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Electoral Process Act s100(3) — mandatory signature requirement for election petitions; validity of petition; substitution of petitioner (ss103–104); jurisdictional effect of procedural defects; procedural fairness in election petitions; security for costs (s102) and Tribunal Rules compliance.
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18 January 2018 |
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16 January 2018 |
| November 2017 |
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17 November 2017 |