CHAPTER 77
DEBTORS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Restrictions on imprisonment for debt with exceptions

   4.   Power of committal for judgment debt

   5.   Proof of means

   6.   Jurisdiction of High Court may be exercised in chambers

   7.   Payment by installments

   8.   Imprisonment not to operate as satisfaction

   9.   Discharge on payment

   10.   Power under certain circumstances to arrest defendant about to quit Zambia

   11.   Power under certain circumstances to arrest judgment debtor about to leave Zambia

   12.   This Act to apply to civil proceedings by the State

AN ACT

in restriction of imprisonment for debt.

[21st June, 1938]

Act 12 of 1938,

Act 8 of 1962,

Act 27 of 1965,

GN 497 of 1964.

1. Short title

This Act may be cited as the Debtors Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“prescribed” means—

      (a)   as respects the High Court, prescribed by rules to be made under the High Court Act;

      (b)   as respects the subordinate courts, prescribed by rules to be made under the Subordinate Courts Act.

3. Restrictions on imprisonment for debt with exceptions

   (1) With the exceptions hereinafter mentioned, no person shall be arrested or imprisoned for making default in payment of a sum of money.

   (2) There shall be excepted from the operation of sub-section (1)—

      (a)   default in payment of a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract;

      (b)   default in payment of any sum recoverable under the provisions of the Criminal Procedure Code;

      (c)   default by a trustee or person acting in a fiduciary capacity and ordered to pay by any court of competent jurisdiction any sum in his possession or control;

      (d)   default by any person practising in Zambia as a barrister or solicitor in payment of costs when ordered to pay costs for professional misconduct, or in payment of a sum of money when ordered to pay the same in his character as an officer of the High Court;

      (e)   default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any court having jurisdiction in bankruptcy is authorised to make an order;

      (f)   default in payment of sums in respect of the payment of which orders are in this Act authorised to be made;

      (g)   default in payment of any sum payable in respect of estate duty:

Provided that—

      (i)   in any case coming within the exceptions (c) and (d), or either of them, any court making the order for payment or having jurisdiction in the action or proceeding in which the order for payment is made, may inquire into the case and, subject to provisos (ii) and (iii), may grant or refuse, either absolutely or upon terms, any application for a writ of attachment, or other process or order of arrest or imprisonment and any application to stay the operation of any such writ, process or order, or for discharge from arrest or imprisonment thereunder;

      (ii)   no person shall be imprisoned in any case excepted from the operation of this section for a longer period than six months;

      (iii)   nothing in this section shall alter the effect of any judgment or order of any court for payment of money, except as regards the arrest and imprisonment of the person making default in paying such money.

[S 3 am by Act 27 of 1965.]