SCHOOL OF LAW

L130- CONSTITUTIONAL LAW

FINAL EXAMINATION PAPER

WEDNESDAY 13TH DECEMBER 2017

14:00 - 17:00 HOURS

TIME ALLOWED: 3 HOURS PLUS 5 MINUTES READING TIME

INSTRUCTIONS TO CANDIDATES

1. Check that you have the correct examination paper in front of you.

2. The paper consists of FIVE (5) questions. Answer Question one (1) which is
compulsory and carries 40 marks, and any three (3) questions carrying 20 marks
each.

3. All answers must be written in the answer booklets provided only.

4. Write down the number of questions attempted on the cover page.

5. Begin answering each question on a new page.

6. Candidates are permitted to bring into the examination room their own clean and
unmarked statutes: Constitution of Zambia Act No. 2 of 2016 and Constitution
of Zambia Chapter 1 of the Laws of Zambia.

7. There shall be no communication among students during the examination. Any

attempt to make such communication will lead to disqualification.

DO NOT TURN THIS PAGE UNTIL TOLD TO DO SO BY THE INVIGILATOR

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QUESTION 1
Part A

You are a newly appointed Legal Advisor at a law firm called Golden Mwila and Partners
situated at plot No. 95789 off Delele Road, Senanga. On your first day at work, two men
Mr Isaac Musungilo and Joseph Zambo (the Petitioners) against King Robert Malipenga
(the Respondent) storm the office alarming all persons at the firm and are quickly ushered
by the secretary to the boss’s office. Gripped with interest and anxiety you decide to tip
toe to your boss’s office and silently eavesdrop on their conversation. As you turn away
from the door, your boss notices your shadow and summons you to the office. He quickly
briefs you about the circumstances of the two men in his office and hands to you the
document below which contains the particulars that are being contended by the two
gentlemen Mr Isaac Musungilo (who was one of the presidential candidates) and Joseph
Zambo (his running mate- the vice president candidate) as the Petitioners against
Malipenga King Robert (the respondent- who was also one of the presidential candidate-
and was duly elected as president). The Electoral Commission of Zambia was also cited
as one of the respondents.

IN THE CONSTITUTIONAL COURT OF ZAMBIA 2017/CC/0031

AT THE CONSTITUTIONAL REGISTRY
HOLDEN AT LUSAKA
(CONSTITUTIONAL JURISDICTION)

IN THE MATTER OF : THE PRESIDENTIAL PETITION RELATION TO THE

PRESIDENTIAL ELECTIONS HELD ON 19, MAY, 2017

AND IN THE MATTER OF : THE CONSTITUTION OF ZAMBIA ACT NO 2 OF

2016 AND THE CONSTITUTION OF ZAMBIA,
CHAPTER 1 OF THE LAWS OF ZAMBIA

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BETWEEN:
ISAAC MUSUNGILO 1ST PETITIONER
JOSEPH ZAMBO 2ND PETITIONER

AND

KING ROBERT MALIPENGA 1ST RESPONDENT

ELECTORAL COMMISSION OF ZAMBIA 2ND RESPONDENT

PETITION

The Petition of ISAAC MUSUNGILO and JOSEPH ZAMBO of Plot No. 7896/11, Lusaka
Province and Plot No. 5463/12, Lusaka Province respectively in the Republic of Zambia
SHOWETH that:
1. The petitioners were candidates in the Presidential election held on the 19th May,
2017. They claim to have had a right to be elected to the positions of President
and Vice president of the Republic at the aforementioned elections.
2. In addition to the petitioners and the 1st and 2nd Respondent, the following persons
were candidates in the said election:
I. Mbao Innocent as presidential candidate running with Mwenya Chimpusa
II. Kapembwa Kafula Africa as presidential candidate running with Banda
Melody

3. On 19th May, 2017, Mr Francisco Mwanza the Chairman of the Electoral

Commission of Zambia announced that the 1st Respondent King Robert
Malipenga had been duly elected to the office of the President regardless of the
fact that he did not meet the “50 + plus 1” and quickly brushed it off stating, the
threshold issue did not “matter”.
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 4. On numerous occasions, the 1st and 2nd Respondents were denied access to
public media and as a result they contended that this was in breach of their
fundamental freedom. Additionally, the Zambia Air Force as regulators of access
to the Zambia Airspace arbitrarily denied permits to the Petitioners to fly to
scheduled election campaigns.
5. The Zambia Police Service on numerous occasions cancelled the petitioners
meetings despite them having obliged to the requirements of the Public Order Act.
6. It was also put on record that the election had been evidentially portrayed violence,
intimidation and corruption.

7. Additionally, the Petitioners contended that Members of Parliament whose seats

had been subjected to election petition pending determination were currently
holding office and as a result they equally demand justice for this.

8. With regard to the above mentioned, the petitioners contend that the 1 st
Respondent was not validly elected taking into consideration the Constitutional
provisions.

Dated at Lusaka this ..........22nd …………. Day of……..May………2017

SIGNED BY…….IM (Isaac Musungilo) and JZ (Joseph Zambo)…….. (Petitioners)

Having read the above document, you have been given the task to critically provide an
elaborate discussion of the disparities. Proceed.
(20 Marks)
PART B

Discuss any four (4) sources of Constitutional Law.

(20 Marks)
[Total: 40 Marks]

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QUESTION 2

Write short notes on the following:

a. Judicial independence (5 Marks)
b. Exclusive Cognizance (5 Marks)
c. Parliamentary privilege and immunity (5 Marks)
d. Constitutional Conventions (5 Marks)

(20 Marks)
[Total: 20 Marks]

Question 3

Many Constitutional Law commentators have asserted that the notion of the rule of law is
the cornerstone of the edifice of democratic dispensation. Discuss this assertion and point
out any three tenets of rule of law that resonate well with a liberal democratic
arrangement.
(20 Marks)
[Total: 20 Marks]

QUESTION 4

“It is beyond dispute that to sustain a democracy in the modern world, an independent,
impartial and upright judiciary is an absolute necessity. Therefore, the constitution, laws
and policies of a country must ensure that the justice system is truly independent form
other branches of the state”- Professor Muno Ndulo.
Discuss the extent to which the Zambian Constitution provides for this assertion, if at all
it does.
(20 Marks)
[Total: 20 Marks]

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Question 5

You have duly made your application before a single judge of the Supreme Court for the
purposes of admitting evidence in form of a written contract on behalf of your client. You
enthusiastically remit the progress conceding the appeal back to your client. However,
your client insists that you made an error and an appeal should not be made to the
Supreme Court but the Local Court. In as much detail as possible, explain the jurisdiction
and composition of the Supreme Court, High Court and Constitutional Law to your client.

(20 Marks)
[Total: 20 Marks]