Constitutional court act, 2016 zambia legal information. 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. Professor ndulo explains the law on zambian parliament and courts. Most of them were colonized by western powers before they attained self rule. Constitutionalism as an element of the rule of law largely depends on how constitutional limitations imposed on government are interpreted and enforced. Access to justice zambia report 2018 court efficiency. How to assess the political role of the zambian courts. Mwila distances pf from paul moongas bribery accusations. The constitutional court national assembly of zambia. Sangwa said the constitutional court ruling did not declare president lungu eligible to stand. Udm admitted that the rules of the national assembly did not expressly provide. Constitution1 read with rule 16 of the rules of this court. Applicability ofenglish practice andprocedure order ii registry andfiling 1.
Judicial reform, constitutionalism and the rule of law in. The power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91. Judicial autonomy and independence in zambia zambian eye. The case leads into discussing the nascent zambian constitutional court. It has, however, proven difficult in practical terms to.
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. Court of appeal act, 2016 zambia legal information institute. 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. App0102020 zambia revenue authority vs matalloy company ltd25th march 2021. Zambias constitution of 1991 with amendments through 2016. 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. 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. Constitutional court act, 2016 zambia legal information institute. Upnd insists on concourt dismissing magistrate mwewas. Jul 03, 2016 are constitutional court rules similar to other rules of zambian courts. Rules of the constitutional court updated to 1 december 2003 gon r1675, g.
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. An act to provide for the procedure ofthe constitutional court. The constitutional court rules in all other oficial languages will be available in due course. 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. An analysis of zambias proposed constitutional amendments. Apr 16, 2020 human rights can only be limited or suspended in accordance with the strict standards set by the constitution itself.
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. The constitutional court was established under article 127 of the constitution of zambia amendment act, no. Judicial reform, constitutionalism, and the rule of law in zambia. 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. Constitutional law zambia legal information institute. However in most cases, separation of power is just on paper, this is because top judicial officials are appointed by the president. The constitutional court rules in all other official languages will be available in due course. 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 constitutional court, as established, is at the same level as the supreme court. The respondents argued that until the rules governing the industrial relations court division of the high court are promulgated, the industrial relations court rules contained in statutory instrument.
Supreme court of zambia amendment act, cap 25 zambia. Constitutional court rules 2016 judiciary of zambia. Constitutional court means the constitutional court. We have had one constitutional order from 1991 which was amended in 1996 and 2016. The english text of the constitutional court rules is contained in government gazette 25726 of 31 october 2003 and follows beneath. This act may be cited as the court of appeal act, 2016, and. Jun 27, 2017 first there is the question of whether a sequenced reform process can result in a new constitution of zambia. 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. A look at zambias unqualified constitutional court.
The chiefjustice may make rules for the purpose of this article with respect to the practice and procedure of the constitutional court. 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. An act to provide for the jurisdiction and procedures of the court of appeal. When hearing a substantive matter, the constitutional court must comprise an uneven number of not less three judges except on interlocutory matters. The high court of zambia is established under the constitution of zambia and the high court act, chapter 27 of the laws of zambia. The rules of the c court acknowledge the role of english legal procedure and provides that the rules 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. 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. This act may be cited as the court of appeal act, 2016, and shall come into operation on such date as the minister.
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. 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. 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 actions so far taken fall short of the minimum standards expected by constitutionalism and the rule of law in zambia. Interpretation part ii constitution of the court p art ii c onstitution of the c ourt 3.
Constitution of zambia 2016 zambia legal information institute. The rule of law supports the equality of all citizens before the law. This act may be cited as the constitution of zambia act. Welcome to national assembly of zambia national assembly of. Court of appeal act no 7 of 2016 national assembly of zambia. Constitutional court decisions judiciary of zambia. 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.
The constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. Professor ndulo explains the law on zambian parliament and. 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. Chilundika vs the people coram mchenga djp, makungu, ngulube, jja. Zambia legal information institute zamlii, zambia pdf pdf consulted on 20170526. Constitutional court 3 subject to article 28 of the constitution, a person who alleges that a an act of parliament or statutory instrument. 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. 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. 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 court comprises of a chief justice and a president. May 02, 2016 constitutional court act, 2016 long title. A look at zambias unqualified constitutional court judges. 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.
These rules may be cited as the constitutional court rules, 2016. Constitutional court orders ministers to vacate offices. The judiciary and the protection of constitutional rights southern. In recent times these countries adopted progressive and democratic constitutions during what has frequently been described as the third wave of democratization.
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