CHAPTER 24 - JUDICATURE ADMINISTRATION ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Judicial Service Commission Regulations

JUDICIAL SERVICE COMMISSION REGULATIONS

[Section 14]

Arrangement of Regulations

PART I
PRELIMINARY

   Regulation

   1.   Title and application

   2.   Interpretation

PART II
GENERAL

   3.   Presiding at meetings

   4.   Minutes

   5.   Quorum

   6.   Privilege for reports and records, etc.

   7.   Disclosure

   8.   Powers of Commission

   9.   Attendance allowance

   10.   Failure to appear or produce document

   11.   Matters to be considered by commission

   12.   Consultation and selection boards

   13.   Obligation to conform with regulations

   14.   Obligations to hear Chief Administrator

   15.   Obligations of Chief Administrator to appear before Commission

   16.   Irregular representations

PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)

   17.   Advertisements

   18.   Procedure and forms

   19.   Vacancies

   20.   Vacancies to be filled after course of study

   21.   Recruitment outside Zambia

   22.   Probationary appointment and confirmation of appointment

   23.   Acting appointment

   24.   Promotion

   25.   Further report

   26.   Regradings

   27.   Retirement on abolition of office to effect greater efficiency or economy

   28.   Retirement on medical grounds

   29.   Retirement in national interest

   30.   Early retirement

   31.   Retirement on attaining pensionable age

   32.   Renewal of agreements

PART IV
DISCIPLINE

   33.   Procedure when criminal offence may have been committed

   34.   Suspension of Judicial Officer

   35.   Suspension of disciplinary proceedings pending final determination of criminal proceedings

   36.   Suspension without pay following criminal conviction, detention or absence form duty without authority

   37.   Procedure after conviction of officers

   38.   Procedure after acquittal on criminal charge Regulation

   39.   Institution and form of disciplinary proceedings

   40.   Formal disciplinary proceedings

   41.   Summary disciplinary proceedings

   42.   Punishments which may be imposed by Commission Chief Administrator or disciplinary authority

   43.   Report and records of disciplinary proceedings determined by disciplinary authority or Chief Administrator

   44.   Appeals against punishment imposed by disciplinary authority

   45.   Appeals against punishment imposed by Chief Administrator

   46.   Retirement in public interest

   47.   Application of Part IV

   48.   Service of documents

PART V
MISCELLANEOUS

   49.   Removal of Judicial Officer for incompetence or negligence

   50.   Production of relevant documents, etc.

   51.   Correspondence

   52.   Cases not otherwise provided for

SI 8 of 1998.

PART I
PRELIMINARY

1. Title and application

   (1) These Regulations may be cited as the Judicial Service Commission Regulations, 1998.

   (2) These Regulation shall not apply in relation to any of following Offices:

      (a)   the offices of Judge of the Supreme Court, High Court or Commissioner of the High Court; and

      (b)   the office of the Chief Administrator.

2. Interpretation

In these Regulations unless the context otherwise requires–

“Accused officer” means a judicial officer against whom disciplinary proceedings have been instituted;

“Board” means the Public Service Pensions Fund Board established under this Publish Service Pension Act;

“Chairman” means the Chairman of the Commissioner;

“Chief Administrator” means the Chairman Administrator of the Judicature appointed under section 3;

“Commission” means the Judicial Service Commission established by Article 123 of the Constitution;

“Disciplinary Authority” in relation to disciplinary proceeding, means the Head of Department or the Supervising Officer in the Judiciary;

“Judicial Office” means any office held by a member of staff of the Judicature as defined in section 2 of the Act;

“Head of Department” means a judicial officer in charge of a department;

“Member” means any member of the Commission;

“Secretary” means the Secretary to the Commission appointed under section 11 of the Service Commissions Act;

“Supervising officer” means–

      (a)   in relation to disciplinary proceedings, a judicial officer who has been designated by the Commission as the Supervising Officer, or the Chief Administration; and

      (b)   in all cases other than disciplinary proceedings, a judicial from whom that officer receives instructions regarding the day-to-day work.

PART II
GENERAL

3. Presiding at meeting

Every meetings of the Commission shall be presided over by the Chairman or in the absence of the Chairman, by a member elected in that behalf by the members present at that meeting.

4. Minutes

The Commission shall cause minutes to be kept of every

5. Quorum

The Chairman or member presiding and four members shall constitute a quorum for a meeting of the Commission, and a like number of number of members will be required for a decision of the Commission arrived at, by the circulation of written papers.

6. Privilege for report and records etc.

Any report, statement or other communication or record of any meetings, inquiry or proceedings which the Commission may make in exercise of its function or any member may make in the performance of duties, and any application form, report or other communications dispatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged and its production shall not be compelled in any legal proceedings unless the commission certifies that such production is not against the public is not against the public interest.

7. Disclosure

No member of the commission, the secretary or any member of staff of the Commission or any other person, shall publish or disclose to any person otherwise than, in the exercise of official function, the contents of any document, communication or information whatsoever which has come to the notice of that person in the course of duty.

8. Power of Commission

The Commission may require any person to attend and give evidence before it, concerning any matter which it may properly consider in the exercise of its functions, and may require the production of any documents relating to any such matter by any person attending before it.

9. Attendance allowance

Any person attending before the Commission at the request of the Commission, other than a person who is applying for appointment to judicial service or a person in the judicial service, shall be entitled to be paid attendance allowance as determined by the commission.

10. Failure to appear or produce document

Any person, other than a person who is notified to appear before the Commission solely in connection with the application of that person for appointment to be judicial service, who–

      (a)   without reasonable cause, fails to appear before the commission when notified to do so; or

      (b)   wilfully fails to produce any document in that person’s possession when requested to do so by the Commission;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 50 penalty units.

11. Matters to be considered by Commission

In exercising its powers in connection with the appointment, promotion or transfer of judicial officers, the Commission shall have regard to the maintenance of the highest standard of integrity and efficiency necessary in the judicial service and–

      (a)   shall give due consideration to officers serving in the judicial service or the public service and to residents of Zambia;

      (b)   shall in the case of officers in the service, take into account qualifications, experience and merit as well as goods conduct; and

      (c)   where a post cannot be filled–

      (i)   by the appointment or promotion of a suitable person already in the service; or

      (ii)   by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission;

may call for applications by advertisement.

12. Consultation and selection boards

In exercising its powers in connection with the appointment or transfer of an officer in the service, the Commission may–

      (a)   consult with any other person or person; and

      (b)   seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons

    who are not members of the Commission.

13. Obligation to conform with regulations

The Commission shall not exercise its powers connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than in accordance with the provisions of these Regulations.

14. Obligation to hear Chief Administrator

The Commission, at the request of the Chief Administrator shall hear the Chief Administrator personally in connection with any recommendation made by the Chief Administrator to the Commission.