Law Commons^™

Dipak Patel V. The Attorney General [2020] Ccz 005, Josiah Kalala

SAIPAR Case Review

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former …

Dipak Patel V. The Minister Of Finance And The Attorney General Ccz 5 Of 2020 [2021], Chanda Chungu

SAIPAR Case Review

The Constitutional Court judgment of Dipak Patel v. The Minister of Finance and the Attorney General dealt with an application by Dipak Patel who sought, inter alia, a declaration that the failure by the Minister of Finance to bring all public debt that was contracted by the Executive to the National Assembly for approval was contrary to the Constitution. This case review seeks to provide a lucid and clear analysis of the Constitutional Court judgment, discussing the soundness of the court’s reasoning and approach to the issue of how public debt should be contracted.

Is The Constitutional Court Fanning The Flames Of Potential Unrest? A Review Of Recent Political Cases, O'Brien Kaaba, Felicity Kayumba Kalunga, Pamela Towela Sambo

SAIPAR Case Review

The cases we discuss in this article raise fundamental questions about access to justice. Inefficient delivery of judgments, issuance of unreasoned or thinly reasoned rulings, inordinate delay in hearing matters, and awarding of unwarranted costs in public interest matters all militate against access to justice. Access to justice is important in maintaining law and order and promoting the rule of law. As US Supreme Court Judge, Stevens, stated in Bush v Gore 531 US 98 (2000), ‘It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law.’ Where …

Law Association Of Zambia And Chapter One Foundation Limited V Attorney General 2019/Ccz/0013/0014, Pamela T. Sambo, O'Brien Kaaba

SAIPAR Case Review

The Constitutional Court of Zambia on 29th November 2019 rendered its highly anticipated (abridged) judgment in the case of Law Association of Zambia and Chapter One Foundation Limited v Attorney General 2019/CCZ/0013/0014. In June 2019 the Minister of Justice introduced into the National Assembly the Constitution of Zambia (Amendment) Bill No. 10 (generally referred to as Bill 10) intended to extensively amend the Constitution. The Bill had been criticized by many stakeholders as it is seen as an attempt to enhance executive powers and undermine constitutionalism. In August 2019, the Law Association of Zambia and Chapter One Foundation Limited commenced …

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu

SAIPAR Case Review

The dispute related to how to commence judicial review proceedings in Zambia. The applicant in this matter commenced judicial review proceedings in the High Court of Zambia by way of applying for leave. In between the period after the High Court granted leave to hear the merits of the judicial review and the hearing date, the Patents and Companies Registration Agency (PACRA), the Respondent filed an application to discharge the leave granted. It was at this point that the Applicants filed summons, to have the matter referred to the Constitutional Court to determine whether or not the requirement for leave …

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, O'Brien Kaaba

SAIPAR Case Review

The matter came to the Constitutional Court by referral from the High Court. The Applicant applied for leave to issue judicial review process and leave was granted by the High Court. While the main application for judicial review was still pending, the Respondent filed an application to discharge the leave granted to the Applicant. The Applicant opposed this motion and then applied to have the matter referred to the Constitutional Court.

Daniel Pule And Others V Attorney General And Others 2017/Ccz/004 Selected Judgment No. 60 Of 2018, Elias C. Chipimo

SAIPAR Case Review

In a case brought to determine the eligibility of President Edgar Lungu to stand as a presidential candidate in 2021, having served less than three years in his first term, the Constitutional Court determined that: ‘…the presidential tenure of office that ran from January 25, 2015 to September 13, 2016 and straddled two constitutional regimes, cannot be considered as a full term.’

In doing so, the Constitutional Court effectively backdated the application of the ‘New Clauses’ to a time when there was already a law governing: (a) the eligibility of a person to stand again as a presidential candidate who …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Minority Judgement, Dunia P. Zongwe

SAIPAR Case Review

On September 5th 2016, there was tension in the packed Constitutional Court. Three out of five Constitutional Court judges (i.e., Anne Mwewa-Sitali, Mugeni Mulenga and Palan Mulonda) dismissed the election petition of Presidential candidate Hakainde Hichilema and his running mate Geoffrey Mwamba, on the grounds that the time for hearing the petition had lapsed. The President of the Court Justice Hildah Chibomba, and Justice Margaret Munalula dissented.

Dividing the Court was the interpretation and effect of Articles 101(5) and 103(2) of the Constitution of Zambia. Articles 101 (5) and 103 (2) provide that the Constitutional Court must hear a Presidential …

Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Majority Judgment, Muna Ndulo

SAIPAR Case Review

No abstract provided.