LEGAL AID ACT

to provide for the granting of legal aid in civil and criminal case to persons whose means are insufficient to enable them to pay for legal services; to provide for the regulation of law clinics in the provision of legal aid; continue the existence of the Legal Aid Board and provide its functions; to reconstitute the Board of the Legal Aid Board and redefine its functions; provide for the registration of practitioners, legal assistants, paralegals and legal aid service providers; continue the existence of the Legal Aid Fund and provide for its administration and management; to repeal and replace the Legal Aid Act, 1967; and provide for matters connected with, or incidental to, the foregoing.

[9th November, 2021]

Act 1 of 2021,

SI 81 of 2021.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Legal Aid Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"alternative dispute resolution" includes mechanisms such as mediation, conciliation, negotiation and arbitration aimed at preventing, settling or resolving a dispute;

"associate" has the meaning assigned to the word in the Anti-Corruption Act;

"Authority" means the Technical Education, Vocational and Entrepreneurship Training Authority established under the Technical Education, Vocational and Entrepreneurship Training Act;

"Board" means the Board of the Legal Aid Board constituted under section 8;

"Chairperson" means the person appointed as the Chairperson of the Board under section 8;

"civil society organisation" means a registered non-state legal entity not established or operated for profit;

"court" has the meaning assigned to the word in the Constitution;

"Director" means the person appointed as Director of the Legal Aid Board under section 10;

"eligible person" means a person to whom legal aid may be granted on the basis of the means test and in the interest of justice;

"Fund" means the Legal Aid Fund continued under section 40;

"judicare" means the provision of legal aid, free of charge or at a fee, by a practitioner registered by the Legal Aid Board;

"judicial officer" has the meaning assigned to the words in the Judiciary Administration Act;

"Lands Tribunal" means the Lands Tribunal established under the Lands Tribunal Act;

"legal advice" means the provision of advice on a question of the law and includes advice and assistance in the preparation of legal documents for purposes that are not related to any proceedings for which legal aid may be given;

"legal aid" has the meaning assigned to the word under section 6;

"legal aid Board" means the Legal Aid Board continued under section 4;

"legal aid service provider" means a person who provides legal aid and includes a civil society organisation or a higher education institution law clinic registered under this Act;

"legal assistance" means the assistance provided to a person in executing some legal act to protect the person's rights or in taking some preparatory steps towards doing so in the context of formal court proceedings, including steps that are preliminary or incidental to formal court proceedings, or steps aimed at arriving at, or giving effect to a compromise to avoid or bring to an end formal proceedings, including court-annexed mediation;

"legal assistant" means a person who-

(a) holds a degree in law or equivalent from an accredited university; and

(b) is registered by the Board under section 25;

"legal education" means the provision of law-related education through the general dissemination of information about the law to the population or specific groups of persons;

"legal information" means information on legal rights, responsibilities, procedures, available remedies and how to exercise them;

"legal representation" refers to representation before a court, tribunal or administrative body based on a privileged relationship between a practitioner and a client;

"legal services" include legal education, legal information, legal advice, legal assistance, legal representation and assistance with alternative dispute resolution;

"legally aided person" means a person who is granted legal aid under this Act;

"legally disqualified" means having no legal capacity as provided in section 4 of the Mental Health Act;

"local court" means a court established under the Local Courts Act;

"means test" means an assessment to determine whether an applicant for legal aid has insufficient means to enable the applicant pay for legal services;

"paralegal" means a person registered as a paralegal under section 19;

"practitioner" means a person admitted to practice as an advocate under the Legal Practitioners Act and in private practice;

"public service" has the meaning assigned to the words in the Constitution;

"Registrar" means the Registrar of the High Court;

"registered higher education institution law clinic" means a legal clinic affiliated to a school of law of a higher education institution providing legal studies and registered by the Legal Aid Board to provide legal aid;

"relative" has the meaning assigned to the word under the Anti-Corruption Act;

"repealed act" means the Legal Aid Act;

"specified offence" means an offence of a class specified by the Minister, by statutory order, under section 43;

"State institution" has the meaning assigned to the words in the Constitution;

"subordinate court" means a court established under the Subordinate Courts Act; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.

3. Application

This Act does not apply to paralegals employed by a State institution or in the public service.

PART II
LEGAL AID BOARD

4. Continuation of Legal Aid Board

(1) The Legal Aid Board established under the repealed Act shall continue to exist as if established under this Act.

(2) The Legal Aid Board is a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with powers, subject to the provisions of this Act, to do an act or thing that a body corporate may by law do or perform, as if established under this Act.

(3) The First Schedule applies to the Legal Aid Board.

5. Functions of Legal Aid Board

The functions of the Legal Aid Board are to-

(a) administer a comprehensive legal aid system in the Republic that is accessible, effective, impartial and sustainable;

(b) provide legal aid in civil and criminal matters;

(d) co-ordinate the provision of legal aid by State and non state legal aid providers;

(e) regulate, oversee and monitor the provision of legal aid based on a quality assurance framework and standards;

(f) register a civil society organisation and higher education institution law clinic that intends to provide legal aid;

(g) undertake regular assessment of legal aid provided by a registered higher education institution law clinic;

(h) register practitioners, legal assistants and paralegals;

(i) manage and disburse funds from the Fund under this Act;

(j) mobilise financial resources;

(k) undertake research on aspects of legal aid;

(l) facilitate the provision of legal aid to persons granted legal aid under this Act; and

(m) issue guidelines on the application of the means test and the interest of justice.

6. Scope of legal aid

(1) Legal aid consists of-

(a) legal education;

(b) legal information;

(d) legal assistance; or

(e) legal representation.

(2) Unless otherwise provided under this Act-

(a) the provision of legal services by way of legal aid shall not affect the relationship between or the rights of a practitioner and client or any privilege arising out of that relationship; and

(b) the rights conferred by this Act on a legally aided person shall not affect the rights or liabilities of any other party to any matter or proceedings.

7. Autonomy of Legal Aid Board

The Legal Aid Board shall, in the performance of its functions, be independent of the direction or control of any person or authority except as otherwise provided for under this Act.

8. Constitution of Board

(1) There is constituted a Board of the Legal Aid Board.

(2) The Board consists of the following part-time members appointed by the Minister-

(a) a person qualified to be a judge of the High Court, who shall be the Chairperson;

(b) a representative of the Ministry responsible for-

(i) justice;

(ii) home affairs;

(iii) finance;

(iv) community development and social services;

(v) labour; and

(vi) gender;

(d) a representative of a civil society organisation providing legal aid;

(e) a representative of a school of law of a higher education institution providing legal aid; and

(f) Director, as ex-officio.

(3) The members under sub-section (2) shall be nominated by their respective ministries, organisations or institutions for appointment by the Minister.

(4) The Vice-Chairperson shall be elected by the members of the Board from among themselves.

(5) A person shall not be appointed as a member of the Board if that person-

(a) is an undischarged bankrupt;

(b) is convicted of an offence involving fraud or dishonesty;

(d) is convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.

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