Review of the structure of the legal system and courts of. This entry provides the description of a countrys legal system. The petty sessions court requires a minimum of two justices to be properly constituted. The bill of rights, which is included in part iii of the constitution of zambia, is not justiceable and can therefore not be enforced. Kondolo sc appeal 2082019 thomas sinkala vs engen petroleum zambia limited 26022020 coram. This court is presided over by justices of the peace. On may 27, 2016, justice marvin mwanamwambwa, the deputy chief justice of zambia and acting chief justice signed statutory instrument no. The zambian state daily exercises power over the population in various ways. Zambia courts hierarchy in zambia, the court system follows a hierarchical structure in which the court placed at the top of the hierarchical pyramid exercises most of the responsibilities and powers whereas these powers keep decreasing as the pyramid keeps tapering down. And the experts have cited unfaithfulness, drunkenness, lack of communication, violence, finances, parental.
The high courts of zambia have unlimited and original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and power as may be conferred on it by the constitution or any other law. The following is a detailed description of the zimbabwe court hierarchy, which you can read for your own reference. Apr 11, 2010 resident magistrates courts are also established at various centers. Under the constitution of 1997, the supreme court is the highest court. The high court of zambia shall have, except as to the proceedings in which the industrial relations court has exclusive jurisdiction under the industrial and labour relations act, unlimited and. Blackhalls laws of zambia is revised edition of the laws of zambia containing primary and secondary legislation. In modern times, new problems can arise all the time.
Quantified data are derived from all cases heard in the local courts of zambia during the year 1968, or from samples drawn from them. Hierarchy of courts in zimbabwe structure of zimbabwean courts. Human rights committee of the law association of zambia laz. Magagula is a student at the university of swaziland in the final year of his ll. The legal systems of nearly all countries are generally modeled upon elements of five main types. The reason for drafting a codified constitution is usually associated with the time in which a particular state is formed or associated with a major change that has taken place at national level. The supreme court of zambia is the final court of appeal and has the final say in all legal matters, including the interpretation of the constitution. It takes more than a colosseum of judges to create a court system. Courts common law and or statutes are considered by the courts relative to the facts if a law fits for the facts, apply it it must not be inconsistent with the constitution and ideally consistent with international and customary law if applicable. However, while the system of native courts originally existed in parallel with the system of englishstyle magistrates courts, after independence the native courts renamed local courts were integrated into the judicial system, with appeals lying to subordinate courts i.
Local courts mainly administer customary law, especially cases relating to marriage, property, and inheritance. Local courts are the courts established under the local courts act of 1966, which replaced the former native courts. A brief on the constitutional court of zambia the constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. It consists of the chief justice, the deputy chief justice and 7 or more supreme court judges. The operation of the new family and succession laws 150 5. The constitution of the second republic provided for a oneparty participatory democracy, with the united national independence party unip the only legal political party. It is located in independence avenue, lusaka zambia. Still deeply rooted in its colonial origins, the system has stifled creativity and stunted the possible independent growth of the countrys legal institutions, law making, judicial decisions and legal scholarship. Customary marriage and the urban local courts in zambia. The laws of zambia copyright ministry of legal affairs, government of the republic of zambia 6. The exercise of this power generally belongs to a branch of the law known as administrative law. The various categories of magistrates have different powers jurisdiction as. The word zambian is also a noun for a person, a citizen of zambia or from zambia.
There are three types of marriages recognized by law in zambia, these are 1. Unwritten laws are referred to as thecommon lawwhile the written law is found in legislation and court cases. Nov 07, 2011 there are three types of marriages recognized by law in zambia, these are 1. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law lower courts. In response to mounting pressures within the country, the constitution was. Literacy rates are approximately 61% for women and 82% for men. It adjudicates, according to art 79 of the constitution, appeals emanating from the high court, including appeals which involve the interpretation, implementation and upholding of the constitution and the fundamental rights. Section 3 of the subordinate courts act establishes the classes of magistrates courts. This means that the courts will carry out the law in a new or different way sometimes, depending on the facts of the case. Presiding judges, who usually are prominent local citizens, have substantial power to invoke. Hierarchy of courts in zimbabwe structure of zimbabwean.
The lowest level courts are the village courts which handle petty issues of the village. The highest court in the country is the constitutional court which was introduced by the constitution of zimbabwe. A subordinate court may sit at different places simultaneously when it is. In zambia, the court system follows a hierarchical structure in which the court placed at the top of the hierarchical pyramid exercises most of the responsibilities and powers whereas these powers keep decreasing as the pyramid keeps tapering down. To the southwest is the thin projection of namibian territory known as the caprivi strip, at the eastern end of which zambia and three of its neighbours namibia, botswana, and zimbabwe appear to meet at a pointa quadripointalthough the precise nature of. I examined more than 300 local courts appeal cases taken from the years 19781983, of which 100 were divorce claims. A constitution has been defined as a body of rules established to regulate the system of government within a state. Municipaldomestic law is the aspect of law which emanates from and has effect on members of a specific state. Conduct of proceedings by a person other than a party. Time and transport difficulties made it impossible to spend time in the rural courts, though i was able to spend one day in the lenje court in central province. The high court of zambia is established under the constitution of zambia and the high court act, chapter 27 of the laws of zambia. It is incumbent for all the courts to uphold the constitution. By charles mwewa and munyonzwe hamalengwa the entire zambian legal system needs to be revamped.
The court is presided over by the president of the court of appeal and is constituted by seven judges. Under the constitution of 1997, the supreme court is the highest court in zambia and serves as the final court of appeal. The official language is english and there are over 70 local languages and dialects. Types of tribunals there are dozens of municipal, provincial and federal tribunals some resolve disputes between parties and some set standards and regulations for particular industries. When this happens, we say the courts have set a precedent case example for other courts to follow. Notes of the legal system of zambia zambian watchdog. Statutory marriage under customary law, marriages are contracted according to customs of the contracting parties. Law from the same university and has done research with various consultancy firms in swaziland before. Mar 11, 2016 examples include the rules of the various courts and the administration of criminal justice act 2015, which is the procedural law in relation to the criminal code act and the penal code act. How to assess the political role of the zambian courts. In zambia local courts employ the principles of customary law, which vary widely throughout the country according to the tribes and traditions attached to them. Zambias judicial system is based on english common law and customary law. Judicial systems in sierra leone, tanzania and zambia.
The right to safety and security and its protection are laid down in unwritten and written laws. The supreme court and the high court are both presided over by the chief justice. The judiciary of namibia consists of a threetiered set of courts, the lower, high and supreme courts. Besides this court, there are many at lower levels, thus forming a hierarchy of courts. A subordinate court of the first class to be presided over by. Resident magistrates courts are also established at various centers. The court is composed of a chairman, a deputy chairmen and not more than ten members as the minister of labour may appoint. It has inherent jurisdiction over all legal matters in namibia. This is the first ever service charter for the subordinate courts in zambia. Introduction this presentation is divided into two parts. Zambia has a long land border on the west with angola but is divided from its neighbours to the south by the zambezi river. Sometimes magistrates exercise jurisdiction in these courts and the presiding. The high court of zambia is established under article 911 b of the constitution of zambia, chapter 1 of the laws of. The subordinate courts are the lower courts and the courts of first instance based on cap 28 of the laws of zambia.
Further, there is no framework for compelling the ruling political party to implement judgments that may be made against it by the courts of law. Doc administrative law and its applicability in zambia. Decentralization with its various types has been implemented in many countries, and the terms have been widely used. In general, we can categorize tribunals by their mandate that is, what they were established to do.
Zambia, like many other african countries, have undergone processes of political and legal reform with supportpressure from international donors to establish civil, constitutional, democratic government, with the courts as the main guardians of the constitution and the. There are many village courts in the country and sometimes, a group of villages may have a single court to hear appeals. The supreme court is the final court of appeal in all kinds of matters including constitutional. Examples include the rules of the various courts and the administration of criminal justice act 2015, which is the procedural law in relation to the criminal code act and the penal code act. Something from zambia is zambian, an adjective, for example zambian culture. Our constitution has provided that in zambia courts must invoke both the principles of equity and law concurrently, a point which some judicial officers at local court and subordinate court levels fail to put into practice. The courts jurisdiction and powers are based on article 92 of the constitution. Pdf how to assess the political role of the zambian courts. Zambias initial constitution was abandoned in august 1973 when it became a oneparty state. Types of administrative tribunals types of tribunals there are dozens of municipal, provincial and federal tribunals some resolve disputes between parties and some set standards and regulations for particular industries. This means that there are very different ways in which courts may serve to strengthen the accountability of powerholders. Matrimonial cases in the local courts of zambia journal. As of september 20, 151 courts indicated that they were a court of record. The laws of zambia copyright ministry of legal affairs, government of the republic of zambia local courts an act to provide for the recognition and establishment of.
The description is supported by the history o thfe country as well as by current statutory guidelines and judicial declarations. Zambia wishes to inform the committee that it has a dual legal system and that international treaties are not directly applicable in its domestic law. However, the zambian state exercises this power through designated officers tasked with the duty to perform and exercise this power. Lake tanganyika lies some 2,000 feet 600 metres below the plateau, and the largest rift, that containing the luangwa river, is a serious barrier to. The supreme court is the constitutional court and the final court of appeal. The operation of the local courts amendment act and the subordinate courts. The wills and administration of testate estates act 148 5. An agent is a person who acts in the name of and on behalf of another, having been given and assumed some degree of authority to do so.
The constitution provides for independence of the judiciary. Interpretations vary, and have led to different conceptual frameworks, programs. Government of the republic of zambia grzunited nations. The high court of zambia is established under article 911 b of the constitution of zambia, chapter 1 of the laws of zambia. To this end, it covers a variety of topics ranging from the history of the common law in zambia, to the question o lawf th. In this case a man sends a middle man shibukombe to ask for permission to marry from a chosen family. The structure of the jamaican judicial system is based on five basic tiers. Judicial system of zambia commonwealth governance online. The republic of zambia has a population of just less than million. The supreme court is the highest national forum of appeal.
However, the same word is often used to describe different things. Common law is administered by several high courts, which have authority to hear criminal and civil cases and appeals from lower courts. Divorce cases in zambia have skyrocketed, a trend some marriage experts say is alarming. It has original cases can begin in the high court and unlimited the court can hear any type of case except those specifically excluded by the constitution or statute jurisdiction power. There are no reserved seats or quotas for women, ethnic minorities or other categories. These are local courts, magistrates courts, the high court, the. If it does not fit the facts precedent ratio binding precedent examples. Approximately 32,000 matrimonial cases as here defined were heard by these local courts in 1968. Some municipal courts are courts of record appeals from those courts are taken on the record to the countylevel courts. Most of zambia forms part of the high plateau of this part of africa 3,000 to 5,000 feet 900 to 1,500 metres above sea level. Recognize the recurring legal issues in agency law. Hierarchy of courts in zambia court structure in zambia.