CHAPTER 25
SUPREME COURT OF ZAMBIA ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
CONSTITUTION AND GENERAL POWERS OF THE COURT

   3.   Constitution of the Court

   4.   Powers of single Judge of the Court

   5.   Judge not to sit on appeal from his own decision

   6.   Seal

   7.   Jurisdiction

   8.   Practice and procedure

   9.   Execution of judgment of the Court

   10.   Sittings of the Court

   11.   Right of audience

PART III
CRIMINAL APPEALS

   12.   [Repealed]

   13.   [Repealed]

   14.   [Repealed]

   15.   Determination of appeals

   16.   Supplementary powers of the Court

   17.   Time for appealing

   18.   Stay of execution of sentence of death or corporal punishment

   19.   Right of appellant to be present

   20.   [Repeled]

   21.   Procedure with respect to frivolous or unsubstantial appeals

   22.   Provisions as to bail

PART IV
CIVIL APPEALS FROM THE COURT OF APPEAL

   23.   Right of appeal in civil cases

   24.   Restrictions on civil appeals

   24A.   Appeal in habeas corpus proceedings

   25.   Powers of the Court on an appeal in civil matters

PART V
GENERAL PROVISIONS

   26.   Administration of oaths

   27.   Warrant for production of appellant before the Court

   28.   Rules of Court

   29.   Officers of the Court

   30.   Has had its effect

   31.   Obsolete

AN ACT

to provide for the constitution, jurisdiction and procedure of the Supreme Court of Zambia; to prescribe the powers of the Court; and to provide for matters connected therewith or incidental thereto

[14th September, 1973]

Act 41 of 1973,

Act 26 of 1974,

Act 17 of 1976,

Act 31 of 1976,

Act 5 of 1979,

Act 15 of 2002,

Act 19 of 2003,

Act 8 of 2011,

Act 24 of 2016.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Supreme Court of Zambia Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“appellant” includes applicant;

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

[Ins by s 2 of Act 24 of 2016.]

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

“Master” means the Master of the Court appointed in pursuance of the provisions of section 29;

“practitioner” has the meaning assigned to it by section 2 of the Legal Practitioners Act;

“qualified person” has the meaning assigned to it by section 3 of the Legal Practitioners Act;

“rules of court” means rules of court made under section 28;

“sentence” includes any order made on conviction not being—

   (a)   a probation order or an order for conditional discharge;

   (b)   an order under any enactment which enables the Court to order the destruction of an animal; or

   (c)   an order made in pursuance of any enactment under which the Court has no discretion as to the making of the order or its terms;

“the Court” means the Supreme Court;

[S 2 am by Act 31 of 1976.]

PART II
CONSTITUTION AND GENERAL POWERS OF THE COURT

3. Constitution of the Court

   (1) When the Court is determining any matter, other than an interlocutory matter, it shall be composed of such uneven number of Judges, not being less than three, as the Chief Justice may direct.

   (2) The determination of any question before the Court shall be according to the opinion of the majority of the members of the Court hearing the case.

4. Powers of single Judge of the Court

A single Judge of the Court may exercise any power vested in the Court not involving the decision of an appeal but—

   (a)   in criminal matters if any Judge of the Court refuses an application for the exercise of any such power, the person making the application shall be entitled to have his application determined by the Court; and

   (b)   in civil matters any order, direction or decision made or given in pursuance of the powers conferred by this section may be varied, discharged or reversed by the Court.

[S 4 am by s 3 of Act 24 of 2016.]

5. Judge not to sit on appeal from his own decision

A Judge of the Court shall not sit on the hearing of an appeal, nor shall he exercise any power under section 4 in respect of an appeal—

   (a)   from any judgment given by himself or any judgment given by any Court of which he was sitting as a member;

   (b)   against a conviction or sentence if he was the Judge by or before whom the appellant was convicted.

6. Seal

The Court shall have a seal having a device or impression and bearing an inscription approved by the Chief Justice.

7. Jurisdiction

The Court shall have jurisdiction to hear and determine appeals in civil and criminal matters as provided in this Act and such other appellate jurisdiction as may be conferred upon it by or under the Constitution or any other law.

[S 7 am by s 4 of Act 24 of 2016.]

8. Practice and procedure

   (1) Subject to sub-section (2), the jurisdiction vested in the Court shall, as regards practice and procedure, be exercised in the manner provided by this Act and rules of Court.

   (2) Notwithstanding sub-section (1), where this Act or rules of court do not make provision for any particular point of practice and procedure, the practice and procedure of the Court shall be—

   (a)   in relation to criminal matters, as nearly as may be in accordance with the law and practice observed in the Court of Criminal Appeal in England; and

   (b)   subject to sub-section (3), in relation to civil matters, as nearly as may be in accordance with the Supreme Court Practice, 1999 (White Book) of England and the law and practice in the Court of Appeal in England in force up to 31st December, 1999.

   (3) The Civil Court Practice, 1999 (Green Book) of England and any civil court practice rules issued in England after 31st December, 1999, shall not apply to Zambia.

[S 8 subs by s 2 of Act 8 of 2011.]

9. Execution of judgment of the Court

The process of the Court shall run throughout Zambia and any judgment of the Court shall be executed and enforced in like manner as if it were a judgment of the High Court.