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    The document discusses the court structure of the Zambian legal system from the superior courts to the lower courts. The superior courts include the Supreme Court, Constitutional Court, Court of Appeal, and High Court. The Supreme Court is the highest appellate court, while the Constitutional Court has original jurisdiction over presidential elections and constitutional matters. The Court of Appeal hears appeals from the High Court and other courts. The High Court has original jurisdiction over civil and criminal cases. The lower courts include Subordinate Courts, Small Claims Courts, and Local Courts, which handle more minor civil and criminal cases and hear appeals from lower courts.

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    CHARITY

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    52 views6 pages
    The document discusses the court structure of the Zambian legal system from the superior courts to the lower courts. The superior courts include the Supreme Court, Constitutional Court, Court of Appeal, and High Court. The Supreme Court is the highest appellate court, while the Constitutional Court has original jurisdiction over presidential elections and constitutional matters. The Court of Appeal hears appeals from the High Court and other courts. The High Court has original jurisdiction over civil and criminal cases. The lower courts include Subordinate Courts, Small Claims Courts, and Local Courts, which handle more minor civil and criminal cases and hear appeals from lower courts.

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    The document discusses the court structure of the Zambian legal system from the superior courts to the lower courts. The superior courts include the Supreme Court, Constitutional Court, Court of Appeal, and High Court. The Supreme Court is the highest appellate court, while the Constitutional Court has original jurisdiction over presidential elections and constitutional matters. The Court of Appeal hears appeals from the High Court and other courts. The High Court has original jurisdiction over civil and criminal cases. The lower courts include Subordinate Courts, Small Claims Courts, and Local Courts, which handle more minor civil and criminal cases and hear appeals from lower courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    52 views6 pages

    CHARITY

    Uploaded by

    BELENGA GEOFREY
    The document discusses the court structure of the Zambian legal system from the superior courts to the lower courts. The superior courts include the Supreme Court, Constitutional Court, Court of Appeal, and High Court. The Supreme Court is the highest appellate court, while the Constitutional Court has original jurisdiction over presidential elections and constitutional matters. The Court of Appeal hears appeals from the High Court and other courts. The High Court has original jurisdiction over civil and criminal cases. The lower courts include Subordinate Courts, Small Claims Courts, and Local Courts, which handle more minor civil and criminal cases and hear appeals from lower courts.

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    of 6

    The Supreme Court.................

    4-5

    The Constitutional Court................5-6

    Court of Appeal...................6-7

    High Court......................................7-8

    Subordinate Court..................8-9

    Small Claims Court...................9

    Local Court......................9-10

    Conclusion.......................10

    References.......................11

    Introduction

    Where law is concern, the courts are the common largest and easily identifiable branches of all
    legal systems. Courts deal with all angles that has to do with law in the country. They create the
    judiciary which is part of the legal system. The judiciary works with other legal institutions such
    as the police, the prisons, office of the Director of public prosecutions and the legal profession.
    According to Article 120 of the constitution it provides an eagle's eye view of the court structure
    of the Zambian legal system. The court structure is made up of the Superior Courts (which are
    the Supreme Court, which is at par with the Constitution Court, the Court of Appeal, and the
    High Court) and the Lower courts (these are magistrate courts also called subordinate courts,
    small claims courts, Local Courts and courts as prescribed. However the respective Acts
    regulating the courts gives them "Jurisdiction". According to Dr. Hamalengwa. M (2021)
    Commentaries on the Laws of Zambia. "Jurisdiction is simply the competence of the court to
    hear and determine legal matters". Jurisdiction explains the scope of legal matters which the
    specified court can hear and determine.Therefore this assignment will discuss the Court Structure
    of the Zambian Legal System from the superior to the lower courts, the cases handled by each
    court or the Jurisdictional aspects of each court and the hierarchy of court Appeal.

    The Supreme Court


    The Supreme Court it was established under Article 124 of the constitution of Zambia. The
    supreme court of Zambia is now at par ranking equivalently with the constitution court. It hears
    appeals from the High Court in both criminal and civil cases, using the procedure currently at
    work in England. It is therefore the final court of appeal or the highest court of appeal in Zambia,
    it has jurisdiction and powers as conferred on it by the constitution and other law. It was formed
    by the Supreme Court Act and the republican constitution. The Supreme Court is not a court of
    trial no cases are tried unless the case is a presidential elections petition. It is mainly found in
    Lusaka but holds sessions in Ndola, Kitwe, and Kabwe. When it is time for convenience to hear
    appeals of the condemned prisoners it meets in Kabwe where the Maximum prison called
    Mukobeko Maximum security prison is located.The structure of the Supreme Court According to
    article 126 amendment Act of (2016) it is stated that the supreme court is headed by the Chief
    Justice, in the absence of the Chief Just it is presided over by the Deputy Chief Justice; and in the
    absence of the Deputy Chief Justice it is presided over by the most senior judge of the supreme
    court as constituted. In addition the Supreme Court is established by an uneven number not less
    than three judges, except when hearing an interlocutory matter where one judge is constituted.
    The full sitting of the Supreme Court is made up of not less than five judges. Jurisdiction of the
    Supreme Court.The Supreme Court is an appellate court. Meaning a case cannot be heard and
    determined by the Supreme Court on first instance . For example the Recently April 2018, the
    matter involving the succession dispute in the MMD party the supreme court clearly stated that it
    has no Jurisdiction to handle the case but referred it to the constitutional court. Anyone who
    wants to appeal to the Supreme Court must first get permission from the Court of Appeal,
    otherwise the Appeal will be void in the Supreme Courte Types of legal cases handled by the
    Supreme Court.The Supreme Court being the highest court of appeal it handles felonies type of
    cases . A felony is a serious criminal case punishable by a term of imprisonment for a specified
    period of time. According to the Zambian Penal Code, "murder, treason, and aggravated robbery
    are considered to be felonies" previous listed as crimes whose mandatory sentence is the death
    penalty. When such cases happens the judge will impose identical sentences on all persons
    convicted of the same crime

    The Constitution Court.


    According to Article 127 of the constitution Act No.2 of 2016 establishes the Constitutional
    Court. It is at par in decision ranking with the Supreme Court, meaning its Judgement is final and
    anyone who feels it was unjust cannot appeal to any Court (Article121). it is made up of the
    President of the Constitutional Court, the Deputy President of the Constitutional court and the 11
    other judges as prescribed".The jurisdiction of, and cases handled by the Constitutional Court.
    The jurisdiction of the Constitutional Court of the court is given in Article 128 of the
    Constitution where it is stated that the constitutional court has the original and final jurisdiction
    to hear and determine; A case relating to presidential elections. A case relating to parliamentary
    and Councilors elections A case relating to the violation of the Constitution. A case based on the
    interpretation of the constitution. For example the case relating the Bill of Rights it was handled
    by constitutional court.

    Court of Appeal.

    The Court of Appeal it was formed under Article 130 of the constitution of Zambia
    (Amendment) Act N.2 of 2016. It has become the second highest court of record after the
    Appellate court and the Constitutional Court. The Court of Appeal is made of 19 judges inclusive
    of the Judge President, and the Deputy President. Jurisdiction of the Court of Appeal and the
    cases it handles.

    According to Article 130 of the constitution if states that the Court of Appeal has authority to
    hear appeals from; The High Court Other courts except for the matter s under the exclusive
    jurisdiction of the constitutional court.Quast -judicial bodies, except for the local Government
    election tribunal.An appeal from a decision of the Court of Appeal shall be made to the Supreme
    Court with Leave of the Court of Appeal. The Court of Appeal handles both criminal and civil
    division from the High Court.

    The High Court

    The High Court is a type of court which is divided into; Industrial Relation Court, the
    Commercial Court, the Family Court and the Children Court. It hears appeals from the
    Subordinate in both civil and criminal Courts Article 133 of the Zambian constitution Act No. 2
    of 2016 provides bird eye's view on how it came into being.The High Court is made up of; T he
    Chief Justice, as an ex-officio judge.In term of section 5 of the Supreme Courts Act the High
    Court consists of sixty (60) judges.The Chief Justice is the judge of the High Court, He or she
    can descend from the Supreme Court to preside over the case in the High Court. Jurisdiction of
    the high court and the cases it handles.

    According to Article 128 of the Zambian constitution the High Court has;Jurisdiction to review
    decision as prescribed. Unlimited and original jurisdiction in civil and criminal cases Appellate
    and supervisory jurisdiction as prescribed. The division of the High CourtAs mentioned above
    the high court is divided into three bran ches and these are as follows.The Industrial Relations
    Branch; it is composed of a Chairman, Deputy Chairman and not less than ten (10) members as
    the minister of labour appoint. It has jurisdiction in all industrial relations cases. Only
    employees, employers and trade unions are allowed to institute a complaint.The Commercial
    Branch; According to Article 133 of the Zambian constitution (2016), the Branch was formed to
    resolve matters arising from all transactions of a business nature. The steam of this court Act
    chapter 27 of the laws of Zambia provides processes and procedures a matter under goes. If
    parties fails to attend a hearing without justifiable cause, the case will be dismissed.The Family
    and Children's branch ; It has jurisdiction in all family and children matters and this includes,
    Custody of Children, wills and administration of estates, petitions for divorce, and Affliction and
    adoption orders to mention but a few. The high court marks the end of the superior courts. It will
    be of understanding to briefly elaborate on Lower Courts such as the subordinate Courts, Small
    Claims Courts, Local Courts and Courts as prescribed.

    The Subordinate Courts

    According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of Zambia, "The


    Subordinate Courts are formed under Article 120 of the constitution of Zambia, Act No.2 of
    2016." It is the High Court that supervises and controls the Subordinate Courts through appeals.
    Currently only 64 subordinate courts are in operation the whole country and they are
    spearheaded by the magistrates who are given power by the Judicial Service commission. A
    subordinate Court of the first class is presided over by a principal resident magistrate, a senior
    resident magistrate, and a resident magistrate. Furthermore a subordinate of second class is
    headed by a magistrate of the second class and for a third class is presided over by a magistrate
    of the third class.Jurisdiction and the cases handled by the Subordinate courts The jurisdiction of
    the Subordinate Court is only within the limits of the District for which each such court is
    constituted. It is not allowed for appeals to be from one class of a magistrate to another.The cases
    it handles are given under section 17-22 of the subordinate courts Act, Chapter 28 of the Laws of
    Zambia , for example Civil suits and criminal cases. It hears appeals from the Local Courts.Civil
    jurisdiction of the Subordinate Court s of the first class.In civil causes and matters a subordinate
    court of the first class shall subject to this Act and in addition to any jurisdiction which it may
    have any other written law, within the territorial limits of its jurisdiction have jurisdiction. In
    every personal suits, despite where it is arising from. The court is presided over by a Chief
    resident magistrate, not more than k100, 000 to magistrate of the first class not more than k30,
    000.the magistrate in between also presides over the cases.Civil jurisdiction of the subordinate
    courts of the second class.In civil causes and matters the court of second class has all the
    jurisdiction within the territorial limits of its jurisdiction. Civil jurisdiction of the subordinate
    courts of the third class The court of the third class has jurisdiction within the territorial limits of
    its jurisdiction. The Small Claims CourtsThe Small Claims Courts formed under section 3 of the
    same court Act. According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of
    Zambia, He defined small claims courts as "a liquidated claim that does not exceed such sum as
    the Chief Justice may, by statutory instrument specify."The people considered to be
    commissioners over the small claims court are appointed by the Judicial Service Commission on
    behalf of the President . Lawyers are not allowed to represent clients in the small claims court,
    when the appeal is not in line with the decision of the court lies to the High Court. Jurisdiction
    of, and cases handled by the small claims court The jurisdiction of the court is limited to liquated
    claims that does not exceed such sum as the Chief Justice may, by the statutory instrument
    specify. The Court has jurisdiction in the following causes of action.D ebt that are due and
    payable.Rentals that are due and payable despite the premises Proceedings relating to a cheque
    of debt signed by a debtor. Just to mention but a few .Furthermore the Small Claims Court has no
    jurisdiction in the scenarios below A matter involving the validity of a will. A claim made under
    customary law. A case in which the injection is so ught. To mention but a few. The brief
    description of the small claims courts, it will lead the research to explain about the local court.
    The Local Court

    These are courts which were formed by the Act of Parliament , the local courts Act of Zambia
    Chapter 29 of the laws of Zambia. They are the fastest courts in resolving a dispute and has a
    simplest procedure. Its appeal goes to the subordinate courts. The Local Courts are divided into
    category A and B which are formed by the Minister of justice. These Local Courts are
    spearheaded by the Presiding Justice and with other Justices. The spear headers are appointed by
    the Judicial Service Commission. Jurisdiction of the Local Courts and the cases it handles
    Category " A" hears a civil case about a claim which is greater in value than 16, 667 fee
    unitsCategory " B" hears a civil case about a claim of not more than 13,889 fee units. The power
    to punish the offender is limited to each category.

    According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of Zambia, "The Local
    Courts can also handle minor criminal cases as permitted by the Chief Justice."The local courts
    have the jurisdiction to enforce the; African customary law if it is not Inconsistence with any
    statute. Rural council By-Laws. To mention but a few. The procedure in the Local Courts is
    informal because Lawyers do not represent clients in the court and they don't practice in these
    courts.

    Conclusion.

    In conclusion from the forgoing, the researcher would like to say the courts are the major and the
    final determinants of all the matters happening in the country. And courts makes sure all the
    procedures are followed for them to handle case, if a specified court have no jurisdiction over the
    case it will surely redirect the case to the court which is competent to handle such a such.
    example the Recently April 2018, the matter involving the succession dispute in the MMD party
    the supreme court clearly stated that it has no Jurisdiction to handle the case but referred it to the
    constitutional court.

    REFERENCES

    Dr. Hamalengwa Munyonzwe (2021) Commentaries on the Laws of Zambia, (p 321) 1st Edition;
    Diamond Publishers, Canada.Keenan Smith (2004) English law 14th edition.Articles of the
    Zambian Constitution Acts of (2016).. Article 120, 124, 126, 127, 128, 130, and 133.

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