CHAPTER 29 - LOCAL COURTS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Local Courts (Jurisdiction) Order

Local Courts Rules

Local Courts (Administration of Estates) Rules

LOCAL COURTS (JURISDICTION) ORDER

[Section 13]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Enforcement of specified laws

      SCHEDULE

[Order by the Minister]

SI 353 of 1966,

SI 422 of 1966,

SI 378 of 1967,

SI 22 of 1972,

SI 95 of 1976.

1.   Title

This Order may be cited as the Local Courts (Jurisdiction) Order.

2.   Enforcement of specified laws

Subject to the provisions of the Act, all local courts shall have jurisdiction to administer the provisions of—

      (a)   the written laws specified in the Schedule to the extent indicated in the second column thereof; and

      (b)   any statutory instrument made and in force under the provisions of any written law which such courts have jurisdiction to administer.

SCHEDULE

[Paragraph 2]

SPECIFIED LAWS

Written law

Provisions which local courts have jurisdiction to administer

The Brands Act (Chapter 244)

. . . . . . . .

All provisions

The Zambia National Broadcasting Act (Chapter 154)

. . . . . . . .

Section 14(1)

The Cattle Cleansing Act (Chapter 248)

. . . . . .

All provisions

The Control of Dogs Act (Chapter 247)

. . . . . .

All provisions

The Cotton Act (Chapter 277)

. . . . . . . .

All provisions

The Education Act (Chapter 134)

. . . . . . . .

All provisions

The Firearms Act (Chapter 110)

. . . . . . . .

All provisions

The Fisheries Act (Chapter 200)

. . . . . . . .

All provisions

The Forests Act (Chapter 199)

. . . . . . . .

All provisions

The Local Courts Act (Chapter 29)

. . . . . . . .

All provisions

The Markets Act (Chapter 290)

. . . . . . . .

All provisions

The Penal Code (Chapter 87)

. . . . . . . .

Sections 41, 88, 102, 103, 118, 119, 120, 121, 178, 179, 180, 181, 182, 210, 211, 212, 213, 214, 227, 247, 248, 250, 260, 272, 276, 277, 278, 281, 286, 293, 301, 302, 304, 305, 306, 311, 315, 318, 320, 330, 334, 335 (1), 378, 380, 381, 382, 383, 389 and 390

The Personal Levy Act (Chapter 329)

. . . . . .

All provisions

The Prevention of Cruelty to Animals Act (Chapter 245)

. . . . . .

All provisions

The Public Pounds and Trespass Act (Chapter 253)

. . . . . .. .

All provisions

The Public Order Act (Chapter 113)

. . . . . .

Sections 6, 7, 10, 11 and 15 (2)

The Roads and Road Traffic Act (Chapter 464)

. . . . . .

All provisions relating to offences other than-

   (a)   those by persons responsible for motor vehicles and trailers and their servants or agents;

   (b)   those relating to driving licenses.

The Societies Act (Chapter 119)

. . . . . . . .

All provisions

The Stock Diseases Act (Chapter 252)

..... . . . . .

All provisions

The Traditional Beer Act (Chapter 168)

. . . . . .

All provisions

The Tsetse Control Act (Chapter 249)

. . . . . .

All provisions

The Witchcraft Act (Chapter 90)

. . . . . . . .

All provisions

The Registration and Development of Villages Act (Chapter 289)

. . . . . . . .

All provisions

[Am by SI 422 of 1966, 378 of 1967, 22 of 1972, 95 of 1976.]

LOCAL COURTS RULES

[Section 68]

Arrangement of Rules

   Rule

PART I
PRELIMINARY

   1.   Title

   2.   Procedure

PART II
GRADES OF COURTS

   3.   Grades

   4.   Jurisdiction of grades

PART III
RECORDS, RETURNS AND FORMS

   5.   Records and returns

   6.   Prescribed forms

   7.   Custody of records and property

PART IV
FEES AND REVENUE

   8.   Prescribed fees

   9.   Liability for fees

   10.   Receipts and repayments

   11.   Disposal of court revenue

PART V
COMMITTAL TO PRISON

   12.   Committal to prison

   13.   Confirmation of sentence of imprisonment

PART VI
CORPORAL PUNISHMENT

   14.   Confirmation of sentence of corporal punishment

   15.   Place of administration of corporal punishment

   16.   Caning of physically unfit person

   17.   Administration of corporal punishment

   18.   Substitution of other penalty for physically unfit person

PART VII
SERVICE OF PROCESS

   19.   Preparation and service of summons

   20.   Service by other methods

   21.   Execution of process

   22.   Affidavits of service

   23.   Date for hearing

PART VIII
APPEALS

   24.   Notifying rights of appeal

   25.   Notice of appeal

   26.   Convicted person in prison

   27.   Procedure on appeal

   28.   Obsolete

PART IX
MISCELLANEOUS PROVISIONS

   29.   Arrests without warrant

   30.   Enhancing or varying decisions in criminal cases

   31.   Allowances and expenses payable to witnesses and assessors

   32.   Cases transferred

      FIRST SCHEDULE

      SECOND SCHEDULE

[Rules by the Chief Justice]

Act 8 of 1991,

Act 13 of 1994,

SI 293 of 1966,

SI 40 of 1969,

SI 97 of 1986,

SI 170 of 1990,

SI 4 of 1992,

SI 13 of 1994,

SI 46 of 1995,

SI 85 of 1997,

SI 7 of 2001.

PART I
PRELIMINARY

1.   Title

These Rules may be cited as the Local Courts Rules.

2.   Procedure

The practice and procedure of local courts shall be regulated in accordance with these Rules, and in default thereof, in substantial conformity with the law and practice for the time being observed in a subordinate Court.

PART II
GRADES OF COURTS

3.   Grades

There shall be two grades of local courts for purposes of jurisdiction entitled Grade A and Grade B and the court warrant of every local court shall specify to which of the said grades such court belongs.

4.   Jurisdiction of grades

Local courts of either grade shall have the jurisdiction conferred on local courts by the Act, to the extent permitted to each respective grade by the following limitations, and by any limitations imposed under the Act:

      (a)   in the exercise of jurisdiction under sections 8 and 35 of the Act—

      (i)   no local court of either grade shall determine any matrimonial or inheritance claim which is not based on African customary law; and

      (ii)   no local court of either grade shall determine any civil claim, other than a matrimonial or inheritance claim based upon African customary law, which is greater in value than the amount set out hereunder for the grade to which such court belongs:

Grade A

. . . .

16,667 fee units

Grade B

. . . .

13,889 fee units

[Rule 4(a)(ii) am by rule 2(i) of SI 7 of 2001.]

      (b)   in the exercise of jurisdiction under sections 9 and 39 of the Act—

      (i)   no local court of either grade shall impose a fine exceeding the amount set out hereunder for the grade to which such court belongs:

Grade A

. . . .

417 penalty units

Grade B

. . . .

209 penalty units

[Rule 4(b)(i) am by rule 2(ii) of SI 7 of 2001.]

      (ii)   no local court of either grade shall order infliction of a term of imprisonment or period of probation exceeding the period set out hereunder for the grade to which such court belongs:

Grade A

. . . .

2 years

Grade B

. . . .

18 months;

      (iii)   no local court of either grade shall order the infliction of corporal punishment in excess of the number of strokes with a cane set out hereunder for the grade to which such court belongs:

Grade A

. . . .

12 strokes

Grade B

. . . .

6 strokes

and every such order shall be made in accordance with rules 14 to 18.

[Am by SI 4 of 1992; Act 13 of 1994.]

PART III
RECORDS, RETURNS AND FORMS

5.   Records and returns

Every local court shall cause a written record to be made of the proceedings of every case determined by it in the exercise of its civil and criminal jurisdiction, and shall cause a monthly return listing all cases determined by or brought before such court during that month to be forwarded to the Registrar of the High Court, or to an authorised officer, as may be directed by the Registrar of the High Court.

6.   Prescribed forms

The forms and records appearing in the Second Schedule, with such variations as the circumstances of each case may require, shall be used for the respective purposes therein mentioned, and when so used shall be sufficient for such purpose.

7.   Custody of records and property

The clerk of every local court shall be responsible for the making and submission of such records and returns as may be required from such court under section 52 of the Act and rule 5, and for the safe keeping of all books, forms and other documents and records belonging to such court, and of all money and other property which may come into such court’s possession, and for the production of the same for inspection at any time by the Director, an authorised officer or any other officer, including an official of the Audit Department of the Government, who is permitted by an authorised officer to inspect the same, or for any other lawful purpose and shall observe all directions given by an authorised officer concerning such safe keeping and production.

[Am by Act 8 of 1991.]

PART IV
FEES AND REVENUE

8.   Prescribed fees

   (1) The fees payable in local courts shall be as specified in the First Schedule, and shall be paid in cash. The fee for a summons or for a copy of a document shall be paid before the issue of such summons or the making of such copy, as the case may be, a hearing fee or a fee on appeal upon the hearing of the case concerned or the entering of such appeal, as the case may be, and the fee on execution upon the levying of such execution:

Provided that a local court may in its discretion remit all or part of any fees payable when satisfied that the person liable for them is by reason of poverty unable to pay such fees or part thereof, as the case may be, or that there is other good cause for such remission.

   (2) A fee of two units shall be paid to a local court by parties to a customary law marriage for the issue of a marriage certificate.

   (3) A fee of two units shall be paid to a local court by parties to a customary law marriage upon dissolution of their marriage for the issue of a divorce certificate.

[Am by SI 4 of 1992; Act 13 of 1994.]

9.   Liability for fees

The fee for any summons or on any appeal or for any copy of a document shall be paid by the party applying for such summons or copy or entering such appeal, as the case may be; a hearing fee shall be paid by such party to the case as the court may direct or, failing such direction, by the plaintiff, and the fee on execution by the party against whom such execution is levied:

Provided that where a party who is successful in a case has paid any fees to a local court in respect of such case then, unless the court shall have ordered otherwise, the other party or such other party as the court may direct shall pay the amount of fees to the said successful party.

10.   Receipts and repayments

   (1) The clerk of every local court, or other officer thereof detailed for the purpose, shall issue or cause to be issued a receipt for every fee paid to such court, and for every fine paid and for every deposit accepted for release on bail and for every amount received as the result of forfeiture of a bail bond, and for every payment into such court of money for any other purpose.

   (2) When any fee or fine is refunded, or any fine paid out as compensation or damages or any deposit accepted for release on bail is refunded, or any payment into court of money for any other purpose is paid out or delivered to any person, the person receiving the same shall provide the court making such refund or payment or delivery with a written acknowledgment of having received the money concerned.

11.   Disposal of court revenue

All fines and fees except such as are to be refunded or paid as compensation under these Rules or by order of court, and all proceeds of any order of forfeiture made by any court shall, if lawfully received by a court, be paid into the general revenues of the Republic.

PART V
COMMITTAL TO PRISON

12.   Committal to prison

   (1) Whenever a local court, pending or during or at the conclusion of any proceedings against any person before it, remands such person in custody and does not release him on bail, it shall—

      (a)   if he can be kept during the period of such remand in the precincts of the court or in a place of detention authorised under section 67 of the Act, remand him to be kept therein for the period of such remand or for three clear days, whichever period is the shorter; or

      (b)   if he cannot be so kept, issue a warrant of commitment on remand signed by a member of such court committing such person to prison for the period of such remand or for fifteen clear days, whichever period is the shorter; and on the expiration of such period shall have him brought before it to proceed with the hearing of his case, or for further remand as hereinbefore provided, which further remand shall be endorsed by a member of the court on any warrant that was issued for the original remand.

   (2) A sentence of imprisonment imposed by a local court under the provisions of the Act, or any other written law, shall not be carried into effect until the sentence has been confirmed by an authorised officer.

13.   Confirmation of sentence of imprisonment

   (1) Every person convicted and sentenced to a term of imprisonment without the option of a fine by a local court, shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer.

   (2) Every person sentenced to imprisonment by a local court shall immediately be sent to an authorised officer together with the court’s record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer shall certify on such warrant that he has confirmed the sentence of imprisonment ordered by it or has varied it to a period specified in such certificate, the said warrant, amended by him to conform to any variation so made, shall take effect and the date of commencement of the said imprisonment, as so confirmed or varied, shall be the date on which the said sentence of imprisonment was confirmed, or if it was ordered as an alternative to payment within a specified period of a fine or compensation, which payment has not been made, the date of expiration of such period.

   (3) If the local court concerned shall not have produced a warrant of commitment in accordance with this rule, the said authorised officer, on being satisfied that such court has made an order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.

PART VI
CORPORAL PUNISHMENT

14.   Confirmation of sentence of corporal punishment

   (1) Every person convicted and sentenced to corporal punishment by a local court shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer, and administration of the corporal punishment.

   (2) Every person sentenced to corporal punishment by a local court shall immediately be sent to an authorised officer together with the court’s record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer shall certify on such warrant that he has, under section 43(7)(b) of the Act, confirmed the sentence of corporal punishment ordered by it or has varied it to an amount specified on such certificate, the said warrant amended by him to conform to any variation so made shall take effect subject to the provisions of section 43(7) of the Act.

   (3) If the local court shall not have produced a warrant of commitment in accordance with this rule, the authorised officer, on being satisfied that such court has made an order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.

15.   Place of administration of corporal punishment

No corporal punishment ordered by a local court shall be administered except in a lawfully established prison or in the presence of an authorised officer, and if possible in the presence of a medical officer, and no such punishment shall be administered in public.

16.   Caning of physically unfit person

No corporal punishment ordered by a local court shall be administered unless, in the opinion of a medical officer, if one is available, or of an authorised officer if no medical officer is available, the person to whom it is to be administered is physically fit to undergo it; and no such punishment shall be continued if, in the opinion of such officer, such person is not physically fit to undergo the remainder thereof.

17.   Administration of corporal punishment

   (1) Corporal punishment shall be administered with a rattan cane which shall be—

      (a)   for the caning of a male juvenile under the apparent age of nineteen years, of length ninety-two centimetres and diameter not more than one centimetre;

      (b)   for the caning of a male juvenile adult between the apparent ages of nineteen and twenty-one years, of length one thousand two hundred and twenty milimetres and diameter not more than twelve point five milimetres.

   (2) Corporal punishment shall be administered on the buttocks of the person sentenced thereto, from the side, and during such administration a blanket folded at least three times, or equivalent form of protection, shall be placed and kept across the small of the back immediately next to the buttocks of such person and a piece of thin cotton cloth soaked in water and wrung out shall be kept spread over the buttocks of such person.

   (3) No sentence of corporal punishment shall be administered by installments, and if more such sentences than one have been imposed on one day by the same local court on the same person, they shall be administered as if they together constituted one sentence, to be caned once only, with the total number of strokes specified in such sentences up to but not exceeding the limit for any one such sentence mentioned in section 43(6) of the Act.

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