Zambia

No proof of grade 12 school certificate, so re-election of Zambian former minister declared invalid

When President Edgar Lungu lost the elections in Zambia in August 2021, one of the members of his party who was re-elected as an MP was Joseph Malanji, a former foreign minister. But that re-election was disputed by a rival for his seat who claimed Malanji did not meet the criteria because he did not have a grade 12 certificate, a requirement for election. The high court decided that the election was not valid. Malanji then appealed and the constitutional court of Zambia has now given its decision on the matter.

Zambian high court scraps lawyer from the roll of practitioners for dishonesty

A Zambian legal practitioner who failed to pay over money from his client intended to settle a bank loan, has been disciplined by the Law Association of Zambia (LAZ) and has now been struck off the roll of practitioners by the high court. This was despite the disgraced lawyer’s claim that his client had settled matters amicably and that there was now no dispute between them. The court held that this did not matter: the court and the LAZ were obliged to investigate the lawyer’s behaviour regardless of whether the original complaint was withdrawn or not.

Read judgment

It’s not often that courts are called upon to decide whether to remove a lawyer from the roll of practitioners. When it does happen, it’s such a public event, and with such potentially disastrous results, that you can be sure the lawyer concerned will put up a fight.

Key rulings have major implications for lawyers

Two recent decisions from the courts in Zambia have serious implications for lawyers. In one, the appeal court rescued legal practitioners from a decision of the high court that found lawyers in private practice weren’t allowed to accept full-time employment. In the other, the appeal court had strong words for lawyers representing clients on trial for criminal offences: they should be sure that fee arrangements were recorded in writing and that there was genuine negotiation between the two sides over what would be charged.

Read high court decision

Read appeal court decision

It was a case with serious implications for lawyers in private practice, after the high court unexpectedly found that legal practitioners weren’t allowed to accept full-time employment with a non-legal entity.

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