Zambia
On October 1, 2025, the High Court of Zambia dismissed a constitutional application filed by former judge Wilfred Kopa Muma, who is facing corruption charges. The court ruled that the application did not raise any novel constitutional issues requiring referral to the Constitutional Court.
Wilfred Kopa Muma, a former judge, is on trial for alleged corruption offenses. During the proceedings, his defense team filed a constitutional application posing five questions related to the validity of verbal presidential instructions and the necessity for daily written instructions under delegated authority.
The High Court, presided over by Honorable Justice Tamara Kakusa, determined that the questions presented had already been conclusively interpreted in previous cases, notably the Isaac Mwanza v. The Attorney General case. The court emphasized that presidential decisions must be in writing to have legal force under Article 93(1) of the Constitution.
By dismissing the application, the court has set a precedent that reinforces the necessity for written presidential directives and clarifies the legal framework surrounding delegated authority. This ruling is expected to influence future cases involving similar constitutional questions.
Following the dismissal, the defense formally closed their case. The court has scheduled the judgment for March 26, 2026, after both parties submit their final arguments.
The dismissal of Muma's constitutional application underscores the judiciary's commitment to upholding established legal interpretations and ensuring that constitutional provisions are consistently applied. The forthcoming judgment will be closely watched as it may have significant implications for judicial accountability and the interpretation of presidential authority in Zambia.
