Court of appeal act no 7 of 2016 national assembly of zambia. Sangwa said the constitutional court ruling did not declare president lungu eligible to stand. Zambias constitution of 1991 with amendments through 2016. These rules may be cited as the constitutional court rules, 2016. In recent times these countries adopted progressive and democratic constitutions during what has frequently been described as the third wave of democratization. This act may be cited as the constitution of zambia act. The constitutional court rules in all other official languages will be available in due course. Constitution of zambia 2016 zambia legal information institute.
Zambia legal information institute zamlii, zambia pdf pdf consulted on 20170526. Mwila distances pf from paul moongas bribery accusations. Constitutionalism as an element of the rule of law largely depends on how constitutional limitations imposed on government are interpreted and enforced. This professional work exhibited by the constitutional court today is the reason we say only president lungu has been appointed on earth to rule zambia for the next 5 years. The rules of the c court acknowledge the role of english legal procedure and provides that the rules of the court. Apr 30, 20 the zambian constitution in article 1 provides that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that law shall to the extent of the inconsistency, be void. Jun 27, 2017 first there is the question of whether a sequenced reform process can result in a new constitution of zambia. When hearing a substantive matter, the constitutional court must comprise an uneven number of not less three judges except on interlocutory matters. The actions so far taken fall short of the minimum standards expected by constitutionalism and the rule of law in zambia. Most of them were colonized by western powers before they attained self rule. How to assess the political role of the zambian courts. Rules of the constitutional court updated to 1 december 2003 gon r1675, g.
Interpretation part ii constitution of the court p art ii c onstitution of the c ourt 3. Constitutional court act, 2016 zambia legal information. Judicial autonomy and independence in zambia zambian eye. However in most cases, separation of power is just on paper, this is because top judicial officials are appointed by the president. This act may be cited as the court of appeal act, 2016, and.
The high court of zambia is established under the constitution of zambia and the high court act, chapter 27 of the laws of zambia. Applicability ofenglish practice andprocedure order ii registry andfiling 1. Professor ndulo explains the law on zambian parliament and courts. Probate and di vorce jurisdiction 2 the law and practice for the time being in force for the probate, divorce and admiralty divisions of the high court of justice in england with respect to the queens proctor shall, subject to rules of court and to any rules made under the provisions o f the colonial and other territories divorce. Apr 16, 2020 human rights can only be limited or suspended in accordance with the strict standards set by the constitution itself. The following explanatory note is provided to assist the media in reporting this case and is not binding on the constitutional court or any member of the court. Prior to amendment act coming into force, all constitutional matters were dealt with primarily by the high court of zambia, with the possibility of such matters being taken to the supreme court on. We have had one constitutional order from 1991 which was amended in 1996 and 2016. Aug 19, 2020 in his response, magistrate mwelwa said order 4 rule 4 of the constitutional court rules have to be respected by the respondents. Constitutional court orders ministers to vacate offices. The application concerned whether an order determining only the question of liability pursuant to a separation in terms of rule 334 of the uniform rules of court and which is to the effect that the defendant must pay to the plaintiff 100% of the agreed or proven damages means that a the manner of compensation is res judicata i. Professor ndulo explains the law on zambian parliament and.
The judiciary and the protection of constitutional rights southern. This means that all decisions of the constitutional court are final and a person dissatisfied with the decision of the constitutional court cannot appeal to any other court article 121. Constitutional lawyer john sangwa has insisted that president edgar lungu is not eligible to contest elections next year saying he has already been elected twice to the presidential office and cannot therefore demand a third term. In an interview, mwitwa said the controversial question relating to president lungus eligibility was not yet over, and that constitutional lawyer john sangwa, state counsel, was right. Constitutional court decisions judiciary of zambia. A look at zambias unqualified constitutional court judges. There was this bogus narrative that the constitutional court came up with to say there was one regime then a different regime, it has never been like that. Law association of zambia laz president eddie mwitwa says the constitutional court did not declare president edgar lungu eligible to stand in the 2021 general election, contrary to assertions that they did.
The english text of the constitutional court rules is contained in government gazette 25726 of 31 october 2003 and follows beneath. May 02, 2016 constitutional court act, 2016 long title. The constitutional court rules in all other oficial languages will be available in due course. Sangwa has further encouraged zambians to reject the controversial constitutional amendment bill number 10 saying it is the only sure way of blocking president lungu. Chilundika vs the people coram mchenga djp, makungu, ngulube, jja. Zambia, as a common law country, relies heavily upon court rules and legal procedures from england and wales. Court of appeal act, 2016 zambia legal information institute. Paper for presentation at a conference for law reform agencies for eastern and southern africa on the role of law reform in constitutionalism, rule of law and democratic. The constitution may be printed and published by the government printer separately from this act, and the production of a copy of the constitution purporting to be so printed shall be prima facie evidence in courts and for all purposes in connection with the constitution as its provisions. Udm admitted that the rules of the national assembly did not expressly provide. It has original cases can begin in the high court and unlimited the court can hear any type of case except those specifically excluded by the constitution or statute jurisdiction power. App0102020 zambia revenue authority vs matalloy company ltd25th march 2021justicehamaundu, malila and kaoma,jjs app1942019 touchwood estates ltd vs rdo equipment africa ltd coram chashi, lengalenga, ngulube, jja. Supreme court of zambia amendment act, cap 25 zambia. Constitutional court rules 2016 judiciary of zambia.
Constitutional law zambia legal information institute. Judicial reform, constitutionalism and the rule of law in. Judicial reform, constitutionalism, and the rule of law in zambia. Constitutional court comprises of a chief justice and a president. Constitutional court 3 subject to article 28 of the constitution, a person who alleges that a an act of parliament or statutory instrument. Supplement to the republic of zambia government 339 gazette dated friday, 19th june, 2020 government of zambia statutory instrument no. He said his petition was not asking the court to interpret any provision of the law but it was alleging that article 602d of the constitution had been breached.
An analysis of zambias proposed constitutional amendments. Establishment and composition of constitutional court. An act to provide for the jurisdiction and procedures of the court of appeal. The constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. Welcome to national assembly of zambia national assembly of. An act to provide for the procedure of the constitutional court. The power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91.
Prior to amendment act coming into force, all constitutional matters were dealt with. This act may be cited as the court of appeal act, 2016, and shall come into operation on such date as the minister. Constitution1 read with rule 16 of the rules of this court. On 19, february 2021, at 09h00, the constitutional court handed down judgment in respect of an application for leave to appeal against an order of the supreme court of appeal. The chiefjustice may make rules for the purpose of this article with respect to the practice and procedure of the constitutional court. Note that zambia has yet to pass freedom of information legislation. An act to provide for the procedure ofthe constitutional court. Prior to amendment act coming into force, all constitutional matters were dealt with primarily by the high court of zambia, with the possibility of such matters being taken to the supreme court on appeal. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. A look at zambias unqualified constitutional court. The constitutional court national assembly of zambia. The rule of law supports the equality of all citizens before the law. Constitution of zambia, the subordinate court in its ruling7 cited as authoritative on the issue the supreme court case of miyanda v attorney general 8,which dealt with a summary trial and is 4 people v kasonkomona cr no. The court may, if it thinks it necessary or expedient in the interests of justicea order the production of any document, exhibit, or other thing connected with the proceedings, the production of which appears to it necessary for the determinatio n of the case.
Constitutional court means the constitutional court. Constitutional court act, 2016 zambia legal information institute. According to order 31 rule 4 1 of the high court rules it is mandatory that at scheduling conference and before setting an action down for trial, a judge shall refer any action amenable to mediation to court annexed mediation, except for a case involving a constitutional issue, the liberty of an individual, an injunction or where the trial. The procedure set out in this rule shall be followed in an application for leave to appeal to the court where a decision on a constitutional matter, other than an order of constitutional invalidity under section 172 2 a of the constitution, has been given by any court including the supreme court of appeal, and irrespective of whether the. Access to justice zambia report 2018 court efficiency. The procedure for amending the current zambian constitution the constitution to be replaced is set out in article 79 of the constitution of zambia act no. The constitutional court was established under article 127 of the constitution of zambia amendment act, no. Jul 03, 2016 are constitutional court rules similar to other rules of zambian courts. App0102020 zambia revenue authority vs matalloy company ltd25th march 2021. Part 6, article 93 clause 1 of the constitution of zambia articulate that the chief and deputy chief justice, supreme and high courts judges to be appointed by the president zambian constitution, 1996.
It has, however, proven difficult in practical terms to. The constitutional court, as established, is at the same level as the supreme court. They follow upon the lodgement by the registrar of the western cape division of the high court of south africa with the registrar of this court of the order of constitutional invalidity made by that court in this matter. The case leads into discussing the nascent zambian constitutional court.
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