THE ZAMBIA JUDICIARY
NEW DEVELOPMENTS (DRAFT CONSTITUTION)
CONSTITUTIONAL COURT
PRESIDENT OF THE COURT
 Interpretation of constitution
 Violation of constitution
 Matters relating to:
 Office of the president
 Vice President
 Election of President or
President elect
COURT OF APPEAL
APPEAL TO THE
SUPREME COURT
 Determine whether or not a
matter falls within the jurisdiction
of the court
 PRESIDENT COURT OF APPEAL HEARS:
 APPEALS FROM HIGH COURT
 APPEALS FROM OTHER COURTS
 APPEALS FROM QUASI TECHNICAL BODIES
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THE ZAMBIA JUDICIARY
LOCAL COURT
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LOCATION: DISTRICT TOWN PROVINCE
GOVERNED BY WHICH ACT?
IS IT DIVIDED INTO GRADES?
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IT IS A COURT OF RECORD?
DOES IT FOLLOW STRICT PROCEDURE?
WHO PRESIDES OVER THE COURT?
WHO HEADS THE COURT?
WHAT JURISDICTION DOES THE COURT HAVE?
a) LIMITED?
b) UNLIMITED?
c) ORIGINAL?
d) APPELLATE?
Limited jurisdiction can only hear certain cases.
WHERE DO APPEALS GO?
 Under Section 12: African Customary law applicable to any matter before it so
far as such law is not repugnant to natural justice or morality or incompatible
with the provisions of any written law;
 Under Section 11 of the Act no Local Court shall have jurisdiction to try any
case in which a person is charged with an offence in consequence of which
death is alleged to have occurred or which is punishable by death.
 Appoint administrators of deceased estate
 Enforce local government by-laws
 Handle minor criminal cases
The Magistrates (Subordinate) Court
FOR MORE INFORMATION SEE
http://www.judiciary.gov.zm
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WHAT MATTERS DOES IT DEAL WITH?
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All Districts.
The LOCAL COURTS ACT CAP 29 of the Laws of Zambia
Divided into Grade A and grade B
Section 8 of the Local Courts Act states that Local Courts shall have and may exercise
within the territorial limits set out such jurisdiction as may be prescribed for the
grade of court. Grade A are mandated to handle Cases of up to K3,060,000.00 while
Grade B Local Courts are mandated to handle Cases of up to K2,500,000.00
Not a court of record
Its procedures are NOT very strict. You do not need a lawyer to represent you.
Presided over by the LOCAL COURT JUSTICE
magistrate
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THE ZAMBIA JUDICIARY
SUBORDINATE COURT
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LOCATION: DISTRICT TOWN PROVINCE
GOVERNED BY WHICH ACT?
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IS IT DIVIDED INTO GRADES?
All the districts in Zambia.
Subordinate Court Act Cap 28 of the Laws of Zambia
The court is NOT divided into grades but the magistrates ARE: The PRM SRM and RM
are trained lawyers, while magistrate class I to III are lay magistrates qualified from
NIPA.
Max sentence-crimes Max val of Civ dispute
Principle Resident Magistrate (PRM)
9 years
K30,000
Senior Resident Magistrate (SRM)
9 years
K25,000
Resident Magistrate (RM)
7 years
K20,000
Magistrate class I
Magistrate class II
Magistrate class III
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5
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IT IS A COURT OF RECORD?
DOES IT FOLLOW STRICT PROCEDURE?
WHO PRESIDES OVER THE COURT?
WHO HEADS THE COURT?
WHAT JURISDICTION DOES THE COURT
HAVE?
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a)
b)
c)
d)
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LIMITED?
UNLIMITED?
ORIGINAL?
APPELLATE?
5 years
3 years
3 years
K10,000
K8,000
K4,000
Court of Record
Procedure is strict. However it is less strict than the High Court
Magistrates of the respective class
PRM
Jurisdiction is limited:
Subordinates Courts are also courts of first instance and they decide all matters as provided
for by the Act except for offences of treason, murder, aggravated robbery, election petitions
and all matters that involve the interpretation of the Constitution, validity of a will legitimacy
of a person.
WHERE DO APPEALS GO?
 Hear all cases of both a criminal civil and customary nature except those
mentioned supra.
High Court
FOR MORE INFORMATION SEE
http://www.judiciary.gov.zm
WHAT MATTERS DOES IT DEAL WITH?
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THE ZAMBIA JUDICIARY
HIGH COURT
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LOCATION: DISTRICT TOWN PROVINCE
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GOVERNED BY WHICH ACT?
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IT IS A COURT OF RECORD?
IS IT DIVIDED INTO GRADES?
DOES IT FOLLOW STRICT PROCEDURE?
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WHO PRESIDES OVER THE COURT?
WHO HEADS THE COURT?
WHAT JURISDICTION DOES THE COURT HAVE?
a) LIMITED?
b) UNLIMITED?
c) ORIGINAL?
d) APPELLATE?
WHAT MATTERS DOES IT DEAL WITH?
WHERE DO APPEALS GO?
FOR MORE INFORMATION SEE
Main towns (Judges hold circuit courts to hear cases in the other towns where
there are no permanent high court buildings.
High Court Act Cap 27 of the Laws of Zambia
No.
The high court is divided into the Commercial List and the General List.
Yes.
Yes it follows strict procedure and normally parties must be represented by a
lawyer. The judge and the lawyers dress in robes and at times wigs and follow
strict protocol. The cased is based on rules of evidence. Most cases are
adjudicated in the open court where people are free to attend. This is to ensure
that justice is not only done, but seen to be done. Other matters of a less serious
nature are heard in the Judges private offices called chambers (from the French
word chambre or room)
Puisne (pronounced punee) Judge
The Chief Justice
Unlimited and Original jurisdiction
All matters of a legal nature except presidential petitions and court martials
Supreme Court
http://www.judiciary.gov.zm
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THE ZAMBIA JUDICIARY
SUPREME COURT
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LOCATION: DISTRICT TOWN PROVINCE
GOVERNED BY WHICH ACT?
IS IT DIVIDED INTO GRADES?
IT IS A COURT OF RECORD?
DOES IT FOLLOW STRICT PROCEDURE?
WHO PRESIDES OVER THE COURT?
WHO HEADS THE COURT?
WHAT JURISDICTION DOES THE COURT HAVE?
a) LIMITED?
b) UNLIMITED?
c) ORIGINAL?
d) APPELLATE?
WHAT MATTERS DOES IT HEAR?
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WHERE DO APPEALS GO?
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FOR MORE INFORMATION SEE
The capital city
The SUPREME COURT ACT CAP 25 of the Laws of Zambia
No not divided into groups as it is currently the only court of final appeal in the land
It is a court of record.
Yes it follows strict procedure similar to that used in the High Court of Zambia.
Supreme Court Judges
Chief Justice
The supreme court has original and appellate jurisdiction
All appellate matters including those from the Military Court Marshal and the
industrial relations court.
International Court of Justice (for this to happen people must exhaust all local
remedies)
http://www.judiciary.gov.zm
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THE ZAMBIA JUDICIARY
INDUSTRIAL RELATIONS COURT
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LOCATION: DISTRICT TOWN PROVINCE
GOVERNED BY WHICH ACT?
IS IT DIVIDED INTO GRADES?
IT IS A COURT OF RECORD?
DOES IT FOLLOW STRICT PROCEDURE?
WHO PRESIDES OVER THE COURT?
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WHO HEADS THE COURT?
WHAT JURISDICTION DOES THE COURT HAVE?
a) LIMITED?
b) UNLIMITED?
c) ORIGINAL?
d) APPELLATE?
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Lusaka and Ndola
Industrial Relations Act Court Cap 269 of the Laws of Zambia
No
Yes
More relaxed as the aim is to do substantial justice between parties
Deputy Chairmen
The Chairman
The court is composed of a Chairman, Deputy Chairmen; and not more than ten
members as the Minister of Labour may appoint. The Chairman and Deputy
Chairmen shall have the same tenure and security of office as a Judge of the High
Court.
The Court has original and exclusive jurisdiction in all industrial relations matters.
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
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WHAT MATTERS DOES IT DEAL WITH?
inquiring into and making decisions in collective disputes
Interpreting the terms of collective agreements and recognition agreements,
and generally adjudicating upon any matter affecting the collective rights,
obligations and privileges of employees, employers and representative
organizations.
WHERE DO APPEALS GO?
Supreme Court
FOR MORE INFORMATION SEE
http://www.judiciary.gov.zm
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THE ZAMBIA JUDICIARY
THE HEIRACHY OF THE COURTS IN ZAMBIA
SUPREME COURT CAP 25
HIGH COURT CAP 27
SUBORDINATE COURT CAP 28
LOCAL COURT CAP 29
SMALL CLAIMS COURT
INDUSTRIAL RELATIONS
COURT CAP 269
TRIBUNALS
LAND
ZRA
TOWN & COUNTRY
PLANNING etc.
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Prepared by Douglas Rolls.