The Constitutional Crisis Created by the Interpretation in the Case of the People vs. Attorney General (Ex-Parte Nickson Chilangwa) – 2024/Ccz/R001

Benjamin Mwelwa and Dr. Lawrence Mwelwa
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Benjamin Mwelwa: PhD Candidate, University of Zambia
Dr. Lawrence Mwelwa: PhD Candidate, University of Zambia

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 6, 225-232

Abstract: This article critically examines the Constitutional Court’s decision in The People v Attorney General (Ex Parte Nickson Chilangwa) 2024/CCZ/R001, a case that has sparked significant debate over the interpretation of disqualification provisions in the Zambian Constitution. While the Court adopted a strict textual approach—holding that imprisonment alone, regardless of an appeal, triggers automatic disqualification and a parliamentary vacancy—we argue that this interpretation undermines core principles of constitutionalism. Drawing on the doctrines of purposive interpretation, proportionality, and the presumption of innocence, the article contends that the ruling sacrifices fairness, democratic representation, and the rule of law in favour of expediency. Particular attention is given to the doctrine of legality, which requires that public power be exercised rationally, non-arbitrarily, and in conformity with constitutional values. The paper concludes that constitutional adjudication in democratic societies must preserve not just the later, but also the spirit of the Constitution.

Date: 2025
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