Constitutional Court

supreme-court-2

The establishment of the Constitutional Court is prescribed in clause 127 of the Constitution of Zambia.

Rules - Constitutional Court  7.4 MB

128. (1) Subject to Article 28, the Constitutional Court has original and final jurisdiction to hear—

(a) a matter relating to the interpretation of this Constitution;

(b) a matter relating to a violation or contravention of this Constitution;

(c) a matter relating to the President, Vice-President or an election of a President;

(d) appeals relating to election of Members of Parliament and councillors; and

(e)whether or not a matter falls within the jurisdiction of the Constitutional Court.

(2) Subject to Article 28 (2), where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Court.

(3) Subject to Article 28, a person who alleges that—

(a) an Act of Parliament or statutory instrument;

(b) an action, measure or decision taken under law; or

(c) an act, omission, measure or decision by a person or an authority; contravenes this Constitution, may petition the Constitutional Court for redress.

(4) A decision of the Constitutional Court is not appealable to the Supreme Court.

129. (1) The Constitutional Court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter.

(2) The Constitutional Court shall be constituted by one judge when hearing an interlocutory matter.

(3) The full bench of the Constitutional Court shall be constituted by an uneven number of not less than five judges.

(4) The Constitutional Court shall be presided over by—

(a) the President of the Constitutional Court;

(b) in the absence of the President of the Constitutional Court, the Deputy-President of the Constitutional Court; and

(c) in the absence of the Deputy-President of the Constitutional

Court, the most senior