JUDICIARY ADMINISTRATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1. Short title

   2. Interpretation

PART II
ADMINISTRATION OF JUDICIARY

   3. Judicial ranking

   4. Establishment of committees

   5. Functions and qualifications of Chief Administrator

   6. Vacancy in office of Chief Administrator

   7. Appointment of judicial officers and other staff

   8. Functions of Chief Registrar

   9. Suspension or removal of Chief Registrar

   10. Vacancy in office of Chief Registrar

   11. Functions of Registrar

   12. Judicial staff

   13. Research advocates

   14. Oath of office

   15. Exercise by Commission of disciplinary powers

   16. Emoluments

PART III
FINANCIAL PROVISIONS

   17. Funds of Judiciary

   18. Financial year

   19. Accounts and audit

   20. Annual report

PART IV
GENERAL PROVISIONS

   21. Allocation of court work

   22. Capital expenditure on property and buildings

   23. Regulations

   24. Repeal of Cap. 24 and transitional arrangements for staff

AN ACT

to revise the law relating to the administration of the Judiciary; make provision for the appointment of judicial officers and staff of the Judiciary; repeal and replace the Judicature Administration Act, 1994; and provide for matters connected with, or incidental to, the foregoing.

[7th June, 2016]

Act 23 of 2016,

Act 5 of 2018.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Judiciary Administration Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Chief Administrator” means the Chief Administrator of the Judiciary appointed pursuant to Article 146 of the Constitution;

“Chief Registrar” means the Chief Registrar of the Judiciary appointed under section 7;

“Commission” means the Judicial Service Commission established in Article 220 of the Constitution;

“court” does not include a court martial;

“court fees” means any fees, commissions or charges payable under any law in connection with the lodgement, service, execution or administrative processing of any writ, application or other legal process, and includes sheriff’s fees and any commission, late fees or other charges so payable;

“court martial” has the meaning assigned to it in the Defence Act;

“emoluments” has the meaning assigned to it in the Constitution;

“Emoluments Commission” means the Emoluments Commission established in Article 232 of the Constitution;

“higher education institution” has the meaning assigned to it in the Higher Education Act, 2013;

“judge” has the meaning assigned to it in the Constitution;

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

“judicial officer” means a person appointed under section 7;

“Judicial Service” means the Judicial Service established in Article 219 of the Constitution;

“judicial staff” means a person employed in the Judicial Service with power to exercise functions, except judicial authority, as may be conferred by or under this Act, or any other written law;

“Judiciary” means the superior courts, the subordinate courts, small claims courts, local courts and any other courts established under any written law;

“member of the Judiciary” means—

   (a)   a judge;

   (b)   a judicial officer; and

   (c)   an officer with power to hold or exercise, in open court, the judicial powers of a court;

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

“Registrar” means the Registrar of a superior court appointed under section 7;

“superior court” has the meaning assigned to it in the Constitution; and

“Zambia Qualifications Authority” means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.

PART II
ADMINISTRATION OF JUDICIARY

3. Judicial ranking

   (1) Judges of the superior courts, other than the Chief Justice, Deputy Chief Justice, President of the Constitutional Court and Deputy President of the Constitutional Court, shall rank according to the date on which they were appointed as judges of a superior court.