SCHOOL OF LAW

L112- CONSTITUTIONAL LAW

FINAL EXAMINATION PAPER

, 2019

09:00 – 12:00 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 Chapter 1 of the Laws of Zambia
and Amendment Act No 2 of 2016, only.

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
A bill does not become law until it is passed by the legislature. A constitutional amendment
is a modification or alteration of the constitution as such amendments are often
interwoven into an existing constitution, directly altering the text or completely repealing
and replacing the existing provisions. In the recent months reference has been made to
the “intended” amendment of the current Constitution of Zambia. Provide a detailed
analysis of the Constitution of Zambia (Amendment) Bill 2019 intended amendments.

[20 Marks]
PART B
Write short notes on the following:

A. Christine Mulundika and Seven Others v The People [5 marks]

B. Derrick Chitala v Attorney General [5 Marks]
C. Resident Doctors Association of Zambia & Others v The AG [5 Marks]
D. Thomas Mumba v The People [5 Marks]

TOTAL: [40 Marks]

QUESTION 2

It is conventional to believe that law matters because it is the best means to achieve
valuable societal goals. Contract law, for example, is the best means to facilitate private
agreements. Environmental law is the best means to protect the environment. Labor law
is the best means to protect the interests of workers. Constitutions are the best means to
protect and promote a just society. However, almost nobody disagrees with the idea that
law and legal institutions are instruments to achieve desirable goals. Law matters
because it is the most sophisticated social instrument for preventing disputes and
resolving them. Discuss the relevance of Constitutional law as a branch of public law with
the use of practical examples.

[20 Marks]

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QUESTION 3

Discuss the rationale behind parliamentary privileges and immunity.

[20 Marks]

QUESTION 4

The city regulations of Lusaka City establishes a ceiling of 3,000 taxi licenses for the town.
The regulations further provides that the Transportation Officer Patricia-Chaka shall
regulate taxis within Lusaka City. The regulations states, in part: The transport officer
shall have the authority to revoke, deny, or otherwise alter a taxi license for reasons of
health condition or other impairment of the licensee. The Transport Officer Patricia-Chaka
shall consider such evidence as is relevant in reaching a decision, including that
submitted by the licensee. Such revocation, denial, or alteration shall be final. Michelson,
a licensed taxi operator, was hit from behind while stopped at a light. Talking with the
police afterward, Michelson casually mentioned that he was taking some prescription
medicine and feeling a little light-headed. The police report said Michelson was not at
fault, but stated that he was "under medication and exhibiting the effects of drugs." Based
on this report, the Transport Officer Patricia-Chaka immediately revoked Michelson's taxi
license. The notice of revocation sent to Michelson stated that his use of medication
impaired his ability to operate a taxi safely. The notice also stated that he was free to
apply for a new license after 30 days and satisfactory completion of a physical exam and
drug test. There is currently an 18 month waiting list of approved applicants for taxi
licenses.

Discuss Michelson's potential avenues for appealing the Transportation Officers’ Patricia-
Chaka decision and to what relief he might be entitled.

[20 Marks]

QUESTION FIVE

a) Analyse Article 92 (d) of Act No 2 of 2016 with the use of examples. [5 Marks]

b) Contrast presidential and parliamentary election petitions [5 Marks]

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c) Brown- a member of parliament filed a lawsuit against government officials
claiming that he lost his position as a contractor with the Zambia Air Force because
of testimony made before Parliament. Among the people listed in the lawsuit was
the President- Mr. Akatumwa.
Mr. Akatumwa’s legal representative Jane argued that a president cannot be sued
for actions taken while in office. The trial court has rejected the president’s claim
for immunity.
i) Advise as to the legal implication of this matter [5 Marks]
ii) Discuss whether or not presidential immunity and parliamentary immunity
mutatis mutandis?
[5 Marks]

TOTAL: [20 Marks]

END OF EXAMINATION PAPER