MULUNGUSHI UNIVERSITY
SCHOOL OF BUSINESS STUDIES
PROGRAMMES: BACHELOR OF LAWS AND BACHELOR OF PUBLIC
ADMINISTRATION
COURSE: BLL 242 CONSTITUTIONAL LAW
JUNE 2020 EXAMS
TOTAL MARKS: 60
Instructions:
1. QUESTION 1 IN SECTION A IS COMPULSORY. STUDENTS MUST
CHOOSE 1 QUESTION FROM SECTION B
2. Answer EACH question in not more than 1 full page
3. Ensure that you indicate your student number and course code on your
answer scripts
4. Answer scripts must be uploaded on to Moodle within the designated period
of time.
5. Answer scripts will not be accepted on any other platform
SECTION A
QUESTION 1- COMPULSORY
ANSWER IN NOT MORE THAN 2 PAGES
Mr J is a member of the largest opposition party in the Republic of Uchizi. His
party the Democratic Party holds 35% of the seats in the National assembly. 15 %
are held by 2 other political parties and 10 % by independent members of
Parliament. The Ruling Party, the Resilient Party and All Peoples Party hold 40% of
the seats in the National Assembly. Like Zambia, the Republic of Uchizi is a
Christian nation founded as a Constitutional democracy. It has replicated the
Zambian Constitution in every respect.
Mr J has observed a number of things that have been happening in the
country that he thinks do not live upto basic principle of Constitutional and would like
an opinion about them from a Constitutional law expert like you.
He notes that a number of the members of the executive are committed to
telling lies about the financial state of the country in order to win the support of the
people, in their personal/ private lives they are promiscuous drunkards and hardly
role models for the young growing population. This in his view is in contradiction to
and in breach of the declaration of the nation as a Christian nation in the country’s
constitution.
The ruling party has strengthened its position in the National Assembly by
appointing 12 Members of Parliament from among the independent and minor
opposition parties’ Members of Parliament to serve as cabinet and provincial
ministers. This has made it easier for them to enact laws in the National Assembly
Recently the government received financial support in the form of long term
loans from 2 international organisations to assist in the fight against the spread of the
corona virus. This support was given to facilitate an improvement in the health care
sector including the purchase of protective clothing and equipment for all health care
workers; provision of clean drinking water and improved sanitation in the most
densely populated areas in the capital city. In view of the lock down imposed the
majority in the cabinet were of the view that the loans were justified to avert a public
health disaster and such approved them. Further they agreed they could individually
form companies that could be awarded tenders to carry out the activities rather than
call for tenders from members of the public. 6 ministers have been allocated the
money to do the projects albeit at an inflated price. This information was leaked to
the public by a private media house who published the story in its tabloid. they
obtained the story from o
The story published unleashed protests among the general citizenry voicing
their disapproval of these actions. People marched on the streets with placards in
their hands denouncing the decisions and actions of the government. These protests
were quelled by arrests and detention of all protestors whom the police were able to
apprehend at the request of the President. The executive then ordered a lockdown of
the country as a measure to maintain law and order. Gatherings were prohibited in
any or all forms. The media house that published the story was shut down and its
owners charged with sedition under the relevant provisions of the Penal Code.
The above incidences coincided with the opening of Parliament where the
President in his speech reiterated the government’s responsibility and commitment
to maintain law and order. He justified the temporal lockdown and arrests as part and
parcel of that responsibility. He denied any wrong doing on the part of the
government.
During the sessions of the National assembly a backbencher member of the
ruling party, Mr X, in the national assembly rose to his feet and expressed his
disappointment at the manner in which the executive had behaved. he asserted that
cabinet was corrupt and need to be replaced by a fresh set of leaders. he demanded
that they account for the money that they took for developmental projects. Whilst he
was still speaking police officers apprehended him and arrested him for defaming the
President through his utterances. Outside the National assembly the ruling party
agreed to have Mr X expelled from the party on grounds of gross misconduct as per
the Party Constitution. they then proceeded to the Speaker demanding that the seat
be declared vacant to pave way for a by election. this was done successfully. Mr X is
no longer an MP
Mr J is wondering whether or not the Constitution of Uchizi has anything to
say about the problems he has raised- .he is requesting you to explain to him the
position of the law on all the matters raised in not more than 1 and a half pages.
Your response must include the following:
(1) Relevant and appropriate provisions of the Constitution and judicial
precedents. (do not cut and paste provisions of the Constitution in your
answer simply use them to explain your point)
(2) Which courts and remedies if any are available in regard to the different
issues raised by the question
SECTION B
ANSWER ONE QUESTION FROM THIS SECTION
ANSWER MUST NOT EXCEED 1 PAGE
QUESTION 2:
Does the Constitution provide an adequate legal framework that provides
mechanisms to ensure that the executive organ of government is held accountable
for the manner in which it governs the country?
Respond to this question by evaluating relevant provisions of the Constitution in
support of your answer
QUESTION 3:
Zambia’s constitution has been amended not less than 6 times since independence
presumably to make it a better document that reflects the wishes of the people.
Would you describe the 2016 Constitution as a good Constitution? Explain your
answer bearing in mind the conflicting positions on this matter
THE END