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Recent Judgments

Zambian Civil Liberties Union and Ors v Attorney General and Anor (2026/CCZ/010) [2026] ZMCC 22 (31 July 2026) Whether independent candidates must cease party membership at nomination or only two months before the election. Constitutional Law — Elections — Independent candidates — Timing of non‑membership requirement under Article 51(a) — Whether tied to nomination date or two months before election Electoral Law — Remedies — Nomination challenges and disqualification — Role of election petitions and the Electoral Process Act	31 July 2026
Isaac Mwanza v Electoral Commission of Zambia and Anor (2026/CCZ/0012) [2026] ZMCC 21 (31 July 2026) Running mates cannot withdraw after nomination; candidate withdrawal before printing allows removal, post‑printing votes are invalid. Constitutional Law — Electoral Law — Running mate resignation and effect on presidential ticket — Interpretation of Articles 110 and 52(6)(a) — Electoral Administration — Ballot removal and vote validity — Effect of candidate resignation before and after ballot printing — Articles 47(1) and 101(2)	31 July 2026
LCK Freedom Foundation Limited and Anor v The Attorney General (2026/CCZ/005) [2026] ZMCC 19 (22 July 2026) Court dismissed premature challenge; parliamentary approval is required before ratification/accession, not during negotiations. Constitutional law — International agreements — Scope and timing of National Assembly approval under Article 63(2)(e) — Parliamentary approval required before ratification/accession, not at negotiation stage — Justiciability/Ripeness — Prospective disputes over non‑concluded agreements — Court will dismiss as premature absent a concluded instrument	22 July 2026
The Electoral Commission of Zambia v Simon Mwila and Others (CAZ/08/350/2026) [2026] ZMCA 118 (17 July 2026) Stay pending appeal refused: certiorari/prohibition orders non-executory and appellant lacked prospects and exceptional circumstances. Civil Procedure — Stay of Execution Pending Appeal — Availability where judgment grants executory relief and prospect of success required — Injunction Pending Appeal — Appropriate Remedy To Preserve Res When Declaratory Or Non-Executory Relief Risks Rendering Appeal Nugatory Administrative Law — Judicial Review Remedies — Orders of Certiorari and Prohibition Not Amenable To Stay Of Execution Where There Is Nothing To Execute	17 July 2026
Astro Holdings Limited and Others v Arm Secure Limited (SCZ/7/03/2026) [2026] ZMSC 14 (14 July 2026) Leave to appeal refused; no public‑law issue found on limitation clauses, timing of theft claims, or vicarious liability. Contract Law — Limitation/Exemption Clauses — Enforceability of contractual limits on liability for losses in security contracts Tort — Vicarious Liability — Liability for employees' theft and timing of cause of action under the Limitation of Actions Act Civil Procedure — Leave to Appeal — Requirement of a point of law of public importance under section 13 of the Court of Appeal Act	14 July 2026
Al Shams Building Materials Company Limited v Bank Of Zambia and Others (SCZ/7/12/2024) [2026] ZMSC 13 (14 July 2026) Whether a Court of Appeal may set aside a High Court's conditional leave order and proceed to hear the appeal. Civil Procedure — Appellate Jurisdiction — Validity and effect of conditional leave to appeal requiring payment into court — Powers of Court of Appeal — Consideration of matters outside the memorandum of appeal and interlocutory alteration of lower court orders	14 July 2026
Wilfred Mweene v Attorney General and Electoral Commission of Zambia (2026/HP/EP05) [2026] ZMHC 87 (3 July 2026) Lawful arrest for assault upheld; electoral body liable for failing to secure nomination centre; exemplary damages awarded. Constitutional Law — Arrest and Detention — Lawful apprehension for assault during nomination — Article 13 exception for reasonable suspicion — Electoral Administration — Nomination process security and liability — Returning officer/electoral body duty to secure nomination centres — Fundamental Freedoms — Interference with political expression and assembly — Remedies and damages for arbitrary police conduct	3 July 2026
People's Pact For The Country's Transformation v Electoral Commission Of Zambia and The Attorney General (2026/CCZ/007) [2026] ZMCC 18 (1 July 2026) The respondent may prescribe procedural nomination requirements; dual-signature adoption certificate does not add presidential qualifications. Constitutional Law — Electoral Law — Procedural requirements for nominations — Power of Electoral Commission under Article 52 to prescribe manner of filing nominations — Qualifications for Presidency — Whether administrative directive may add qualifications — Article 100 — Administrative Law — Validity of statutory definition of adoption certificate — EPA amendment 2026 intra vires (Articles 229, ECZ Act s4(2)(k))	1 July 2026
Law Association Of Zambia v The Attorney General and Ron Mwambwa (2026/CCZ/003) [2026] ZMCC 17 (30 June 2026) A constitutional challenge to a presidential appointment must be commenced by petition under Article 128(3). Constitutional Law — Jurisdiction and Mode of Commencement — Whether constitutional challenges to executive actions must be commenced by petition under Article 128(3) of the Constitution — Constitutional Court Rules and transitional preservation of proceedings	30 June 2026
Inutu Etambuyu Suba v Mulungushi Village Complex Limited and The Attorney General (APPEAL NO 273 / 2023) [2026] ZMCA 117 (30 June 2026) Employee entitled to remain in employer‑provided housing pending unencashed repatriation cheque; wrongful lockout merits damages. Property Law — Service Occupancy — Whether a service occupant retains accommodation pending payment of repatriation benefits — Employment Act interplay Contract Law — Privity and State Entities — Whether strict privity should defeat equitable protection where state organs coordinate housing obligations Tort — Wrongful Eviction and Mental Distress — Entitlement to general and exemplary damages for high‑handed lockout	30 June 2026

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Recent Legislation

Patents (Amendment) Act, 1980	Act 18 of 1980	1 January 9999
Policy Form and Distribution Channel Review Guidelines, 2026	Government Notice 1186 of 2026	17 July 2026
Energy Regulation (Electricity Transmission and Distribution System Loss Reduction) Guidelines, 2026	Government Notice 1034 of 2026	19 June 2026
National Pension Scheme Act, 2026 Uncommenced	Act 72 of 2026	12 June 2026
Local Authorities Superannuation Act, 2026 Uncommenced	Act 74 of 2026	12 June 2026
National Assembly (Speaker's Retirement Benefits) Act, 2026	Act 77 of 2026	12 June 2026
Local Government (Amendment) Act, 2026	Act 76 of 2026	12 June 2026
Penal Code (Amendment) Act, 2026	Act 75 of 2026	12 June 2026
Water Supply and Sanitation Services Act, 2026 Uncommenced	Act 13 of 2026	12 June 2026
Benefits of Former Chief Justice Act, 2026	Act 71 of 2026	12 June 2026

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Recent Gazettes

Zambia Government Gazette dated 2026-07-24 number 7961	24 July 2026
Zambia Government Gazette dated 2026-07-24 number 7962	24 July 2026
Zambia Government Gazette dated 2026-07-17 number 7959	17 July 2026
Zambia Government Gazette dated 2026-07-17 number 96	17 July 2026
Zambia Government Gazette dated 2026-07-17 number 7956	17 July 2026