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Cornell University Law School

SAIPAR Case Review

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Articles 121 - 142 of 142

Full-Text Articles in Law

Vol. 2, Issue 1 Masthead May 2019

Vol. 2, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.


Editor's Note, Tinenenji Banda May 2019

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba May 2019

Nelson Chamisa V Emmerson Dambudzo Mnangagwa And Others Ccz 42/18 (August 2018), O'Brien Kaaba

SAIPAR Case Review

Zimbabwe held its first post-Mugabe general elections on 30th July 2018. On 3rd August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Dambudzo Mnangagwa as the candidate who received the requisite ‘more than half the number of votes cast’ and declared duly elected President of Zimbabwe. Aggrieved by this development, Nelson Chamisa, the main opposition contender, challenged the validity of the election of Mnangagwa in the Constitutional Court. After hearing the case, the Constitutional Court unanimously: 1) Dismissed the application with costs; and 2) Declared Emmerson Dambudzo Mnangagwa as duly elected President of Zimbabwe.


Editor's Note, Tinenenji Banda May 2018

Editor's Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel May 2018

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Cover May 2018

Vol. 1, Issue 2 Cover

SAIPAR Case Review

No abstract provided.


Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu May 2018

Law Association Of Zambia V. The Attorney General (Appeal No. 8/2014) [2016] Zmsc 243, Muna B. Ndulo, Samuel Ndungu

SAIPAR Case Review

No abstract provided.


Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo May 2018

Attorney General V Mutuna And Others (Appeal No. 088/2012) [2013] Zmsc 38, Muna B. Ndulo

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Table Of Contents May 2018

Vol. 1, Issue 2 Table Of Contents

SAIPAR Case Review

No abstract provided.


Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo May 2018

Dh Brothers Industries (Pty) Limited Vs. Olivine Industries (Pty) Limited (Appeal No. 74/2010) [2012] Zmsc 17, Chanda N. Tembo

SAIPAR Case Review

No abstract provided.


Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba May 2018

Milford Maambo And Others V The People 2016/Cc/R001 [2017], O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba May 2018

Raila Amolo Odinga And Another V Independent Electoral And Boundaries Commission And Others Presidential Petition No. 1 Of 2017, O'Brien Kaaba

SAIPAR Case Review

No abstract provided.


United Democratic Movement V Speaker Of The National Assembly And Others (Cct89/17) [2017] Zacc 21, Tinenenji Banda May 2018

United Democratic Movement V Speaker Of The National Assembly And Others (Cct89/17) [2017] Zacc 21, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 2 Masthead May 2018

Vol. 1, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.


Nyimba Investments Limited Vs Nico Insurance Zambia Limited (Appeal No. 130/2016) [2017] Zmsc 32, Edward Sampa May 2018

Nyimba Investments Limited Vs Nico Insurance Zambia Limited (Appeal No. 130/2016) [2017] Zmsc 32, Edward Sampa

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 1 Table Of Contents May 2017

Vol. 1, Issue 1 Table Of Contents

SAIPAR Case Review

No abstract provided.


Katuka V Electoral Commission Of Zambia (2016/Cc/0025) [2016] Zmcc 2 (9 August 2016), Chanda Chungu May 2017

Katuka V Electoral Commission Of Zambia (2016/Cc/0025) [2016] Zmcc 2 (9 August 2016), Chanda Chungu

SAIPAR Case Review

No abstract provided.


Vol. 1, Issue 1 Masthead May 2017

Vol. 1, Issue 1 Masthead

SAIPAR Case Review

No abstract provided.


Katuka And Law Association Of Zambia Vs Inonge Wina And Others (2016/Cc/0010/2016/Cc/0011) [2016] Zmcc 1, Tinenenji Banda May 2017

Katuka And Law Association Of Zambia Vs Inonge Wina And Others (2016/Cc/0010/2016/Cc/0011) [2016] Zmcc 1, Tinenenji Banda

SAIPAR Case Review

The discrete legal issue to be decided by the Court was whether the continued stay in office by the Vice President, Cabinet Ministers, Provisional Ministers and Deputy Ministers – after the dissolution of Parliament on 11th May, 2016, and after the enactment of the Constitution of Zambia Amendment Act No. 2 of 2016, was ultra vires the constitution and therefore unconstitutional. If unconstitutional, a follow up issue was whether the salaries, allowances, and emoluments drawn by the above officials during their unlawful stay in office should be repaid. The case was filed as three separate causes, but by consent of …


Editors Note, Tinenenji Banda May 2017

Editors Note, Tinenenji Banda

SAIPAR Case Review

No abstract provided.


Hichilema And Another V Lungu And Another (2016/Cc/0031) [2016] Zmcc 4 (5 September 2016), Minority Judgement, Dunia P. Zongwe May 2017

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 May 2017

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.