56
No. 2 of 2016]
Constitution of Zambia (Amendment)
(3) The full bench of the Supreme Court shall be constituted
by an uneven number of not less than five judges.
(4) The Supreme Court shall be presided over by—
(a) the Chief Justice;
(b) in the absence of the Chief Justice, the Deputy Chief
Justice; and
(c) in the absence of the Deputy Chief Justice, the most senior
judge of the Supreme Court, as constituted.
Establishment
and
composition
of
Constitutional
Court
127. There is established the Constitutional Court which
consists of—
(a) the President of the Constitutional Court;
(b) the Deputy President of the Constitutional Court; and
(c) eleven other judges or a higher number of judges, as
prescribed.
Jurisdiction
of
Constitutional
Court
128. (1) Subject to Article 28, the Constitutional Court has
original and final jurisdiction to hear—
(a) a matter relating to the interpretation of this Constitution;
(b) a matter relating to a violation or contravention of this
Constitution;
(c) a matter relating to the President, Vice-President or an
election of a President;
(d) appeals relating to election of Members of Parliament
and councillors; and
(e) whether or not a matter falls within the jurisdiction of the
Constitutional Court.
(2) Subject to Article 28 (2), where a question relating to this
Constitution arises in a court, the person presiding in that court
shall refer the question to the Constitutional Court.
(3) Subject to Article 28, a person who alleges that—
(a) an Act of Parliament or statutory instrument;
(b) an action, measure or decision taken under law; or