CONSTITUTIONAL COURT ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1. Short title

   2. Interpretation

PART II
CONSTITUTION AND GENERAL POWERS OF THE COURT

   3. Constitution of court

   4.   Sittings of court

   5.   Powers of single judge of court

   6.   Restriction regarding sitting on appeals

   7.   Seal

   8.   Jurisdiction of court

   9.   Practice and procedure

   10.   Process and execution of judgment of court

   11.   Right of audience

   12.   Friend of court

PART III
EVIDENCE

   13.   Summoning and compelling attendance of witnesses

   14.   Refusal to be sworn or to give evidence

   15.   Evidence of bystander

   16.   Evidence of prisoner

   17.   Allowances to witnesses

   18.   Inspection

   19.   Evidence of Zambian customary law and assessors

   20.   Record of evidence, etc

   21.   Recording of proceedings

   22.   Perjury

PART IV
APPEALS

   23.   Right of appeal

   24.   Restrictions on appeals

   25.   Powers of court on appeal

PART V
GENERAL PROVISIONS

   26.   Registrar and officers of court

   27.   Establishment of Registry

   28.   Administration of oaths

   29.   Warrant for production of appellant before court

   30.   Costs

   31.   Rules of court

   32.   Transitional provisions

Act 8 of 2016.

MATTER MISSING - SECTIONS 1 TO 3

   (5) The determination of any question before the court shall be according to the opinion of the majority of the judges of the court hearing the case.

4. Sittings of court

   (1) The sittings of the court shall usually be held at Lusaka but may be held at such other place in accordance with a circuit schedule issued by the Chief Justice.

   (2) Subject to the provisions of this Act, the court shall, at a sitting, be composed of such judges of the court as the President may direct.

5. Powers of single judge of court

A single judge of the court may exercise a power vested in the court not involving the decision of an appeal or a final decision in the exercise of its original jurisdiction.

6. Restriction regarding sitting on appeals

A judge of the court shall not sit on the hearing of an appeal or exercise power under section 5 in respect of an appeal from a judgment given by that judge or a judgment given by a court of which that judge sat as a member.

7. Seal

The court shall have a seal approved by the Chief Justice.

8. Jurisdiction of court

   (1) Subject to Article 28 of the Constitution, the court in exercise of its original and final jurisdiction may determine—

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

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

   (c)   a petition to challenge the nomination of a candidate for election as Republican President;

   (d)   a matter relating to the Republican President, Vice President or the election of a Republican President;

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

   (f)   an application to review a decision of the Electoral Commission of Zambia in the delimitation of constituencies and wards;

   (g)   a matter referred to the court by the Republican President pursuant to the Constitution; and

   (h)   whether or not a matter falls within the jurisdiction of the court.