SUPREME COURT ACT: SUBSIDIARY LEGISLATION(CHAPTER 25 )

"court below" includes, in relation to an appeal to the court, any court established for the Republic and any judicial or quasi-judicial tribunal or body in respect of the judgment of which or the proceedings before which such appeal is brought to the Court, either directly or by way of further appeal from the judgment of a court acting in its appellate jurisdiction;

"direct appeal" means an appeal direct from a subordinate court to the Court in terms of section 12 of the Act;

“document management system” means the electronic document storage and imaging system maintained by the Master;

[Ins by rule 2(b) of SI 26 of 2012.]

“electronic document” means an original document filed with the Master in electronic format;

[Ins by rule 2(b) of SI 26 of 2012.]

“e-filing” means electronic transmission of an original document to the Court;

[Ins by rule 2(b) of SI 26 of 2012.]

“electronic service” means electronic transmission of a document to parties as required by a written law and rules of a Court and as designated by the filing party;

[Ins by rule 2(b) of SI 26 of 2012.]

“filing” means the act of submitting documents, electronically or in paper form to the Master for filing;

[Ins by rule 2(b) of SI 26 of 2012.]

"first appeal" means an appeal against a judgment of the High Court in the exercise of its original criminal jurisdiction and against a judgment of a subordinate court in the case of a direct appeal;

“hyperlink” means an electronic connection or reference to another place in a document, such that when selected, the user is taken to the portion of the document to which the hyperlink refers;

[Ins by rule 2(b) of SI 26 of 2012.]

“ID” means a unique user identification;

[Ins by rule 2(b) of SI 26 of 2012.]

"judgment" includes, in addition to the meaning assigned to it by section 2 of the Act, summing up;

"officer in charge of the prison" means the person appointed to be, or deemed to be, in charge of a prison under the provisions of section 5 of the Prisons Act;

“parties” means the parties related to a case, including a plaintiff and defendant or an advocate representing a plaintiff or defendant;

[Ins by rule 2(b) of SI 26 of 2012.]

“PDF” means portable document format, a file format that preserves all fonts, formatting colours and graphics of any source document, regardless of the application platform used;

[Ins by rule 2(b) of SI 26 of 2012.]

"presiding judge" means, in relation to the hearing of any appeal or any application therein or to the delivery of any judgment thereon, the senior judge of the Court as constituted for that appeal or application;

"proceedings" includes, in relation to an appeal to the Court, the proceedings at first instance in respect of which the appeal is brought and any proceedings subsequent thereto by way of appeal and all applications relating to such proceedings as aforesaid;

"register" , in relation to the registration of any proceedings in the Court, means the appropriate register, in electronic and hard copy form, kept by the Master for the registration of the proceedings;

[Subs by rule 2(a) of SI 26 of 2012.]

"Registrar of the High Court" includes Deputy Registrar and District Registrar of the High Court;

"Registry" means the Registry of the Court in Lusaka;

"respondent" includes any person served with a notice of appeal or application, notice of motion, or summons, or entitled to be so served, and includes, in relation to a criminal offence, the Director of Public Prosecutions;

"respondent's notice" means the notice of cross-appeal which a respondent is required to give under rule 61;

"revenue stamps" means stamps prescribed by any written law for use in payment of fees;

“scanned document” means an electronic image created by scanning a paper document;

[Ins by rule 2(b) of SI 26 of 2012.]

"second appeal" means an appeal against a judgment of the High Court in the exercise of its appellate criminal jurisdiction;

"single judge" means a single judge of the Court;

“source document" means the document as originally submitted to the Master for filing;

[Ins by rule 2(b) of SI 26 of 2012.]

"subsequent appeal" means an appeal from the judgment of a court below acting in its appellate or revisional jurisdiction;

(2) In these Rules, unless the context otherwise requires, in the case of a direct appeal-

(i) a reference to the High Court shall be read as a reference to the subordinate court whose judgment is the subject of the appeal;

(ii) a reference to the trial judge shall be read as a reference to the trial magistrate; and

(iii) a reference to the Registrar of the High Court shall be read as a reference to the clerk of the subordinate court in question; and

“TIFF” means a Tag Image File Format, a standardized file format used to store imaged documents.

[Ins by rule 2(b) of SI 26 of 2012.]

3. Notice of sittings, vacations and business

(1) The sittings of the Court and the matters to be disposed of at such sittings shall be advertised and notified in such manner as the Chief Justice may direct.

(2) Vacations of the Court and arrangements made for business during vacations shall be advertised and notified in like manner.

4. Registry

(1) The Registry shall be situated in Lusaka.

(2) Proceedings in the Court shall be instituted in the Registry.

(3) All documents and proceedings filed subsequently to the institution of any proceedings in the Court shall be filed in the Registry.

(4) The Registry shall, in addition to the hard copies of all the documents and proceedings filed in the Registry, maintain a register.

[Rule 4(4) ins by rule 3 of SI 26 of 2012.]

(5) A person may conduct an electronic or manual search of the register upon payment of the prescribed fee.

[Rule 4(5) ins by rule 3 of SI 26 of 2012.]

5. Acts to be done on a Saturday, Sunday or public holiday

Any act required to be done by a person on a date which falls on a Saturday or on a Sunday or a public holiday shall be valid and effective if done on the next following day not being a Saturday or a Sunday or a public holiday.

5A. Electronic document Act No. 21 of 2009

(1) Subject to section 5 of the Electronic Communications and Transactions Act, 2009, where under these Rules any notice, record or other document is required to be in writing, such document may be in electronic or hard copy format, as applicable.

(2) Where a document is required to be served under these Rules, it may be served in electronic or hard copy format.

[Rule 5A ins by rule 4 of SI 26 of 2012.]

6. Copies

Whenever under these Rules any document other than a record of appeal is required to be filed with the Court there shall also be filed four copies of such document, but the Master may in any case order that a greater or lesser number of copies shall be filed.

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