Summary of the Ruling: Godfrey Shamanena v. Anti-Corruption Commission (2024/CCZ/0020)
Background
Godfrey Shamanena, the petitioner, filed a case in the Constitutional Court against the Anti-Corruption Commission (ACC). The case revolved around the ACC’s decision to place a warrant of seizure on his bank account just before the expiry of a restriction notice, its failure to serve a fresh restriction notice after the previous one lapsed, and its delay in concluding an inquiry with the Zambia Revenue Authority regarding a financial transaction. The petitioner argued that these actions violated Articles 173 and 216 of the Constitution of Zambia, which deal with public service values and principles.
Key Issues Considered by the Court
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- Whether the petition presented a constitutional question
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- The Court had to determine if the petitioner raised an issue requiring constitutional interpretation rather than statutory or administrative law application.
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- Jurisdiction of the Constitutional Court
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- The Court reaffirmed its limited jurisdiction to only constitutional matters and stated that not every issue involving public administration amounts to a constitutional question.
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- Application of Constitutional Values and Principles
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- While Articles 173 and 216 set standards for public service and commissions, the Court held that these provisions alone cannot establish a constitutional violation unless they are directly linked to a breach of the Constitution itself.
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- Whether the petition presented a constitutional question
Ruling and Conclusion
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- The Court ruled that the petitioner failed to establish a constitutional question.
- The allegations did not necessitate constitutional interpretation but were more appropriately addressed under administrative or statutory law.
- As a result, the Constitutional Court dismissed the petition for lack of jurisdiction.
- Each party was ordered to bear their own legal costs.
Key Takeaways
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- The Constitutional Court can only hear cases that require interpretation of the Constitution itself.
- Allegations based on general principles of governance must be linked to a specific constitutional provision for the Court to have jurisdiction.
- Statutory and administrative matters should be resolved in ordinary courts rather than the Constitutional Court.
