High Court of Zambia - 1992 October

2 judgments
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Results. 2 judgments found.

2 judgments
October 1992
A commission may make procedural election rules but cannot add substantive candidate qualifications absent enabling Act.
  • Administrative law — Local government elections — scope of Commission’s regulatory power — procedure versus substantive law — statutory instrument imposing educational qualification for candidates held ultra vires and void
14 October 1992
The respondent commission cannot impose substantive candidacy qualifications; the applicant’s challenge to the Grade VII requirement succeeds.
  • Administrative law — delegated legislation — Local Government Election Commission’s power limited to procedure not substantive law; statutory instrument inconsistent with enabling Act is ultra vires and void; qualifications for candidacy prescribed by ss.16–17 of the Local Government Elections Act; procedural v. substantive regulation
13 October 1992