COURT OF APPEAL ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement

   2.   Interpretation

PART II
CONSTITUTION, JURISDICTION AND GENERAL POWERS OF THE COURT

   3.   Composition of Court

   4.   Jurisdiction of Court

   5.   Sittings of Court

   6.   Restrictions regarding sitting on appeals

   7.   Seal

   8.   Practice and procedure

   9.   Powers of single judge

   10.   Determination of court

   11.   Delivery of judgment

PART III
APPEALS

GENERAL PROVISIONS

   12.   Right to appeal

   13.   Leave to appeal

CRIMINAL APPEALS

   14.   First appeal

   15.   Second appeal

   16.   Determination of criminal appeals

   17.   Right of appellant to be present at hearing

   18.   Provisions on bail

   19.   Stay of execution of sentence of death

   20.   Supplementary powers of court

   21.   Time for appealing in criminal matters

CIVIL APPEALS

   22.   Right of appeal in civil matters

   23.   Restrictions on civil appeals

   24.   Powers of Court on appeals in civil matters

   25.   Appealing in civil matters

PART IV
GENERAL PROVISIONS

   26.   Registrar and other officers

   27.   Costs and taxation of costs

   28.   Administration of oath

   29.   Warrant for production of appellant before Court

   30.   Rules of Court

AN ACT

to provide for the jurisdiction and procedures of the Court of Appeal; the hearing of appeals from the High Court and quasi-judicial bodies; and matters connected with, or incidental to, the foregoing.

[On Notice]

Act 7 of 2016.

PART I
PRELIMINARY PROVISIONS

1.   Short title and commencement

This Act may be cited as the Court of Appeal Act, 2016, and shall come into operation on such date as the Minister may appoint by statutory instrument.

2.   Interpretation

In this Act, unless the context otherwise requires—

“appellant” means a party appealing to the Court from a judgment of the High Court or a quasi-judicial body, except a local government elections tribunal;

“Constitutional Court” means the Constitutional Court established under Article 127 of the Constitution;

“Court” means the Court of Appeal established under Article 130 of the Constitution;

“Deputy Judge President” means the Deputy Judge President of the Court appointed under section 3;

“Director of Public Prosecutions” means the person appointed as such under Article 180 of the Constitution;

“High Court” means the High Court established under Article 133 of the Constitution;

“Judge President” means the Judge President of the Court appointed in under section 3;

“judgment” includes decree, ruling, order, conviction, sentence and decision;

“judicial function” has the meaning assigned to it in the Constitution;

“local government elections tribunal” means a tribunal established in accordance with Article 159 of the Constitution;

“practitioner” has the meaning assigned to it in the Legal Practitioners Act;

“quasi-judicial body” means a body, other than a court, exercising a judicial function;

“Registrar” means the Registrar of the Court appointed under section 26;

“rules” means rules of the Court made pursuant to section 30; and

“Supreme Court” means the Supreme Court established under Article 124 of the Constitution.

PART II
CONSTITUTION, JURISDICTION AND GENERAL POWERS OF THE COURT

3.   Composition of Court

The Court consists of—

   (a)   the Judge President;

   (b)   the Deputy Judge President; and

   (c)   such number of judges as may be prescribed.

4.   Jurisdiction of Court

   (1) The Court has jurisdiction to hear appeals from judgments of—

   (a)   the High Court; and

   (b)   a quasi-judicial body, except a local government elections tribunal.

   (2) Despite sub-section (1), where a question relating to the Constitution arises before the Court, the Court shall refer that question to the Constitutional Court.

5.   Sittings of Court

   (1) The sittings of the Court shall, before its devolution to the provinces and districts, usually be held at Lusaka but may be held at such other place as may be specified in a circuit schedule issued by the Chief Justice.

   (2) The Court shall, at a sitting, be constituted by an uneven number of judges not being less than three except when hearing an interlocutory application which may be heard by a single judge.

6.   Restriction regarding sitting on appeals

A judge of the Court shall not sit on the hearing of an appeal or exercise a power in respect of an appeal from a judgment given

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