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Constitutional Court of Zambia

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272 judgments
November 2017
Maluba v Mwewa and Another (Appeal 4 of 2016) [2017] ZMCC 8 (17 November 2017)
17 November 2017
Richwell Siamunene v Sialubalo Gift (APPEAL NO. 15 of 2017) [2017] ZMCC 85 (17 November 2017)
Whether proven electoral violence and irregularities, tied to a candidate’s knowledge or consent, void an election.
  • Electoral law — election petitions — standard of proof higher than civil balance of probabilities — candidate liability only where misconduct done by candidate or with candidate’s/agent’s knowledge and consent — independent corroboration required for partisan witnesses — effect on majority of voters must be proved.
17 November 2017
Richwell Siamunene v Sialubalo Gift (APPEAL NO. 15 of 2017) [2017] ZMCC 86 (17 November 2017)
Appeal dismissed: misconduct proved in isolated instances but not shown to be widespread or to have prevented the majority choosing their preferred candidate.
  • Election law — undue influence and violence — section 83 and section 97(2)(a) EPA — candidate liability requires knowledge and consent — elevated standard of proof in election petitions — secrecy of ballot — need for cogent independent corroboration — appellate restraint on factual findings.
17 November 2017
Sibongile Mwamba v Kelvin Sampa and Anor (APPEAL NO. 2/2017) [2017] ZMCC 87 (17 November 2017)
Appeal dismissed: petitioner failed to prove corrupt practices or ECZ non‑compliance that affected the election result.
  • Electoral law — election petition — standard of proof in election petitions — corrupt and illegal practices (s97(2)(a)) — non‑compliance by election officers and effect on results (s97(2)(b)) — scope of s97(3) — evidential weight of GEN12/ECZ forms — limits on judicial notice.
17 November 2017
Steven Masumba v Elliot Kamondo (APPEAL NO. 17/ 2016) [2017] ZMCC 88 (17 November 2017)
Appellant failed to prove misconduct and that the majority were prevented from electing their preferred candidate, appeal dismissed.
  • Electoral Process Act s97(2) — election nullification threshold; election petitions — higher standard of proof; admissibility and weight of hearsay and partisan evidence; defamation/ill‑speaking, intimidation and political violence — proof required to show majority of voters prevented from electing preferred candidate.
17 November 2017
Sunday Chitungu Maluba v Mwewa & Another (CC/A 40 of 2016) [2017] ZMCC 83 (17 November 2017)
17 November 2017
Mumba v Nkombo and Others (5 of 2017) [2017] ZMCC 6 (16 November 2017)
16 November 2017
October 2017
Mwela v Attorney General (10 of 2017) [2017] ZMCC 5 (31 October 2017)
31 October 2017
August 2017
Malembeka (Prisons Care and Counselling Association) v Attorney General and Another (13 of 2016) [2017] ZMCC 1 (14 August 2017)
Article 46 grants the franchise to all citizens 18+, so statutory disqualification of persons in lawful custody is void; Electoral Commission must enable their registration and voting.
  • Constitutional law — Right to vote — Article 46 universal adult suffrage — Disqualification of persons in lawful custody — Sections 9(1)(e) and 47 Electoral Process Act void — Prisoners’ voting rights — Scope of judicial remedies; Civil procedure — Jurisdictional limits on enforcement of Part III rights.
14 August 2017
Katuka and Another v Attorney General and Another (10 of 2016; 11 of 2016) [2017] ZMCC 4 (8 August 2017)
8 August 2017
July 2017
Maambo & Others v The People (1 of 2016) [2017] ZMCC 31 (11 July 2017)
11 July 2017
March 2017
Miyanda v Attorney General (6 of 2016) [2017] ZMCC 3 (9 March 2017)
9 March 2017
January 2017
Margret Zulu v Daka & 2 Others (Appeal 4 of 2016) [2017] ZMCC 84 (11 January 2017)
11 January 2017
Zulu v Daka and Others (Appeal 4 of 2016) [2017] ZMCC 2 (11 January 2017)
11 January 2017
December 2016
MWIYA MUTAPWE AND SHOMENO DOMINIC (APPEAL NO. 19 OF 2017) [2016] ZMCC 10 (11 December 2016)
Petitioner failed to prove corrupt practices and widespread effect to void the election; nullification reversed.
  • Electoral law — election petitions — section 97(2)(a) Electoral Process Act — standard of proof in election petitions (fairly high degree of convincing clarity) — attribution to candidate via appointed election/polling agent or knowledge/consent/approval — hearsay and need for corroboration — effect on majority of voters required to void election — pleadings and failure to file answer.
11 December 2016
November 2016
Mulenga Sata v Given Lubinda and Others (None of 2016) [2016] ZMCC 7 (23 November 2016)
23 November 2016
Henry Kapoko v The People (23 of 2016) [2016] ZMCC 6 (7 November 2016)
Article 118(2)(e) does not abolish procedural rules; sections 207 and 208 remain valid to protect fair trial and truth-finding.
  • Constitutional interpretation — Article 118(2)(e): undue regard to procedural technicalities — scope and application; Criminal Procedure Code — sections 207 & 208 — order of defence evidence; procedural rules vs technicalities; fair trial and truth-finding.
7 November 2016
October 2016
Hichilema and Another v Lungu and Others (34 of 2016) [2016] ZMCC 5 (31 October 2016)
31 October 2016
September 2016
Hakainde Hichilema and Anor v Edgar Chagwa Lungu and Ors (2016/CC/0031) [2016] ZMCC 9 (5 September 2016)
Whether the Constitutional Court may hear a presidential election petition after the constitutionally mandated 14‑day period expired.
  • Constitutional law — presidential election petitions — Article 101(5) — mandatory fourteen‑day hearing period — computation of time (Article 269) — no power to enlarge constitutional time limits — dismissal for want of prosecution; dissent: purposive interpretation, implied powers (Article 271), and right to be heard (Article 118).
5 September 2016
August 2016
Katuka and Law Association of Zambia v Attorney-General and 64 Others (10 of 2016; 11 of 2016) [2016] ZMCC 1 (15 August 2016)
Court held Vice‑President may remain until inauguration; Ministers and abolished deputy ministers' post‑dissolution tenure was unlawful and refunds ordered.
  • Constitutional interpretation — dissolution of Parliament — tenure of Vice‑President, Cabinet and Provincial Ministers — abolition and transitional tenure of Deputy Ministers — repayment of emoluments — purposive interpretation to avoid power vacuum.
15 August 2016
Katuka v Electoral Commission of Zambia (25 of 2016) [2016] ZMCC 2 (9 August 2016)
Absent formal written notification to the Electoral Commission, media reports and silence do not establish a candidate's resignation under Article 52(6).
  • Constitutional law — Article 52(6) — Withdrawal or resignation of candidate after close of nominations — Requirement of formal notification to Electoral Commission — Media reports and rumours insufficient — Burden of proof on petitioner.
9 August 2016
July 2016
Noel Siamoondo and Ors v The Electoral Commission of Zambia and Anor (2016/CC/0009) [2016] ZMCC 8 (16 July 2016)
Article 60(1)(b) and article 266 do not bar political parties from sponsoring candidates for election as councillors.
  • Constitutional law — interpretation of articles 60(1)(b) and 266 — political parties' right to sponsor candidates — councillors; statutory interpretation — ejusdem generis, expressio unius, purposive vs literal approaches; local government autonomy — does not prohibit party sponsorship; subsidiary legislation challenge moot where repealed; public interest litigation — each party to bear own costs.
16 July 2016