John Sangwa v The Attorney General (2021/CCZ/0035) [2023] ZMCC 21 (27 October 2023)

John Sangwa v The Attorney General (2021/CCZ/0035) [2023] ZMCC 21 (27 October 2023)

Section 30 of the Constitutional Court Act, which confers discretion on the Court to award costs, is not inconsistent with the Constitution. The discretion must be exercised judiciously, particularly in constitutional or public interest litigation, and is a necessary safeguard against frivolous or vexatious...

Source-derived case information.

Citation
[2023] ZMCC 21
Parties
Petitioner: Petitioner (Name not specified); Respondent: Respondent (Name not specified)
Court
Constitutional Court of Zambia
Jurisdiction
Zambia
Judgment Date
27 October 2023
Case Number
2021/CCZ/0035
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed
Legal Topics
Costs in Constitutional Litigation, Judicial Discretion, Ultra Vires Doctrine
Source Language
english
Constitutional Law Civil Procedure Costs in Constitutional Litigation Judicial Discretion Ultra Vires Doctrine

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Parties

Petitioner (Name not specified)

Petitioner

Respondent (Name not specified)

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether section 30 of the Constitutional Court Act, to the extent that it confers discretion on the Constitutional Court to award costs, is ultra vires Articles 2, 52(4), 67(3), 101(4), 103(1), and 128(3) of the Constitution
  2. 2 Whether the award of costs in cause No. 2021/CCZ/0021 is unconstitutional

Ratio Decidendi

Section 30 of the Constitutional Court Act, which confers discretion on the Court to award costs, is not inconsistent with the Constitution. The discretion must be exercised judiciously, particularly in constitutional or public interest litigation, and is a necessary safeguard against frivolous or vexatious litigation. There is no basis to declare section 30 unconstitutional or to set aside the previous award of costs.

Court Disposition

Petition dismissed

Orders

  • Each party to bear their own costs