CONSTITUTIONAL COURT ACT: SUBSIDIARY LEGISLATION

"proper officer" includes the Registrar, Deputy Registrar, Master or any other officer appointed to assist the Registrar in the performance of the Registrar's functions;

"Registrar" has the meaning assigned to it in the Act;

"Registry" means the Registry of the Court referred to in paragraph 3;

"respondent" means a person against whom a petition or application is filled;

"Republican President" means the President of the Republic;

"Republican Vice-President" means the Vice-President of the Republic;

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

"taxing officer" includes the Registrar and the Deputy Registrar.

ORDER I
PRACTICE AND PROCEDURE

1. Applicability of English practice and procedure

(1) The jurisdiction vested in the Court shall, as regards practice and procedure, be exercised in the manner provided by the Act and these Rules, the Criminal Procedure Code or any other written law, or by such rules, orders or directions of the Court as may be made under the Act, the Criminal Procedure Code or such written law, and in default thereof in substantial conformity with the Supreme Court Practice, 1999 (White Book) of England and the law and practice applicable in England in the Court of Appeal up to 31st December, 1999.

(2) Where the Act and these Rules do not make provision for any particular point of practice or procedure, the practice and procedure of the Court shall be as nearly as may be in accordance with the law and practice for the time being observed in the Court of Appeal in England.

ORDER II
REGISTRY AND FILING

1. Registry

The Registry of the Court shall be at Lusaka.

2. Filing of proceedings

(1) A person shall institute proceedings in the Court by filing the appropriate documents in the Registry.

(2) All documents filed in relation to any proceedings in the Court shall be filed in the Registry.

(3) The Registry shall maintain a register and an electronic register of documents.

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

3. Acts done on Saturday, Sunday or public holiday

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

ORDER III
ELECTRONIC DOCUMENTS AND E-FILING

1. Electronic or hard copy document

Subject to section five 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. General e-filing

(1) Subject to rule 3, where a matter requires the filing of a document, that document may be filed electronically.

(2) A party appearing in person may file documents using e-filing or conventional filing.

3. Documents not permitted to be e-filed

The following types of documents shall be conventionally filed-

(a) documents filed under seal;

(b) audio recordings not expressly authorised by the Court, in writing, to be filed electronically; and

4. E-filing implementation

A petition, pleading, motion, summons, memorandum, order or other document electronically filed in a matter shall be maintained in electronic format by the Master and shall be maintained as the original and official record of the Court.

5. Format of e-filed documents

(1) A filing party shall ensure that an electronically filed document is formatted in accordance with the applicable rules governing formatting of paper documents, rules of procedure and such other formats as the Court may require.

(2) The Master shall not reject a document if it substantially conforms to the rules of procedure or a written law.

6. Accepted file formats

(1) A party may electronically transmit a document in Microsoft Word, Microsoft Works, Microsoft Excel, Rich Text Format, Word Perfect, Portable Document Format and any standard non-proprietary graphic formats.

(2) All documents electronically filed shall, upon acceptance and filing by the Registrar, be converted to Portable Document Format in compliance with the requirements set out in these Rules.

(3) The Court may require a party to produce the original of a scanned exhibit that has been filed electronically by the party.

(4) A party shall ensure that a proposed form of order is submitted electronically in a Microsoft Word file format.

7. Hyperlinks, bookmarks and other electronic navigational aids

(1) An electronically filed document may include hyperlinks, bookmarks and other electronic navigational aids for the convenience of the Court.

(2) A hyperlink shall not form part of the filed document.

(3) A hyperlink shall contain a text reference to the target of the link.

(4) Despite anything contained in these Rules, a hyperlink shall not form part of the official Court record and shall not be preserved in an electronically filed document submitted and stored on the Masters electronic document management system.

8. User ID and electronic signatures

(1) The Master shall ensure that every party and legal practitioner is registered and provided with a personally selected user name (ID) and password.

(2) The user name referred to in sub-rule (1) shall, when used in conjunction with the personally selected password, constitute the signature of a registered party on documents submitted to the Court or by the Court.

(3) Despite sub-rule (2), a party may apply an electronic signature to a document to be submitted to the Court.

(4) In order to ensure the intent of the filing party, the signature line on an electronically filed document shall bear the printed name of the filing party preceded by the symbol "/s/".

(5) An electronic document may be signed by the Master through the use of a printed signature preceded by the "/s/" symbol or through the use of the Court's e-filing Manager (EFM) application judicial signature stamp.

(6) The e-filing manager (EFM) application judicial signature stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed electronically.

(7) A document requiring the signature or other identifying indicator of a party shall be filed with the Court in paper format and scanned and maintained consistent with applicable record retention schedules and archival rules.

9. File transmission, confirmation, acceptance and rejection

(1) The Master shall, upon completion of the transmission of an electronic document for filing, immediately scan the document for viruses.

(2) Where the document transmitted under sub-rule (1) is free from infection, the document shall be deemed submitted and the Master shall send an acknowledgment of receipt of the document to the filing party.

(3) A document which has been successfully received shall be reviewed for compliance with all standard filing practices and, if it complies with the standards, shall be accepted and deemed filed as of the date and time it was received by the Master's e-filing system.

(4) Where a document is infected, the Registrar shall discard the document and send a notice to the filing party that the document was infected and has not been filed.

(5) A notice under sub-rule (4) shall be sent to a filing party or an authorised third party facilitating entity and shall specify the grounds for rejection.

(6) A party whose document has been rejected may resubmit the rejected document with appropriate corrections.

(7) A document received under sub-rule (4) shall be received subject to review, payment of applicable fees and acceptance by the Master.

(8) The Master shall, upon completion of the electronic filing review process, send a notification of the filings status to the filing party and, if accepted, the official file date and time of the filing.

(9) A document accepted for filing by the Master shall be electronically file stamped with the words "ELECTRONICALLY FILED", the time and date of filing and the name of the Master accepting the filing.

(10) The file stamp referred to in sub-rule (9) shall be merged with the electronic document and shall be visible when the document is printed and viewed online.

(11) An electronically filed document that does not bear an electronic file stamp shall be deemed to be incomplete.

(12) An e-filing file stamped in accordance with these Rules shall have the same effect as a document filed in the conventional manner.

10. Responsibility for filing

A party which files a document electronically shall have the same responsibility as a person conventionally filing a document in paper format for ensuring that the document is properly filed, complete and legible and that the appropriate copies have been provided to other parties in the matter.

11. Form of proceedings

(1) Proceedings filed in the Court shall be on A4 paper of good quality, unless the nature of the document renders it impracticable.

(2) Only one side of the paper shall be used and a margin of not less than 4 centimeters shall be left on the lefthand side of each sheet to permit binding in book form.

(3) The taxing officer shall, whatever medium of reproduction is adopted on taxation, allow only those costs which would in the taxing officer's opinion have been incurred by using the most economical method permitted.

(4) A record of appeal shall be bound in book form with an outside cover of stout paper, and may, if long, be in more volumes than one.

(5) The title of the appeal shall appear on the outside cover.

(6) A record of appeal shall be paginated continuously throughout.

(7) Every fifth line of a record of appeal shall be indicated by numbering in the unbound portion of the margin.

ORDER IV
COMMENCEMENT OF PROCEEDINGS

1. Commencement of action by petition

(1) Except as otherwise provided in the Constitution, the Act and these Rules, all matters under the Act brought before the Court shall be commenced by a petition in Form I set out in the Schedule.

(2) A petition shall disclose-

(a) the petitioner's name and address;

(b) the facts relied upon;

(d) the relief sought by the petitioner.

(3) A petition shall be signed by the petitioner or the petitioner's advocate.

(4) A petition shall be filed with an affidavit verifying facts.

2. Commencement of action by originating notice of motion or originating summons

(1) The following matters shall be commenced by originating notice of motion-

(a) a matter relating to the Republican President or Republican Vice-President, other than the nomination or election of the Republican President or Republican Vice President; and

(b) an application to review a decision of the Electoral Commission of Zambia in the delimitation of constituencies and wards.

(2) A matter relating to the interpretation of the Constitution shall be commenced by originating summons.

3. Reference of matter to Court by Republican President

(1) A reference of a matter to the Court by the Republican President under Article 81(5) or 94(2) of the Constitution shall be made in writing.

(2) A reference of a matter under sub-rule (1) shall be accompanied by a notification, in writing, setting out the details of the issues for determination.

(3) The Court shall hear and determine the matter referred by the Republican President within seven days of receipt of the matter.

4. Answer to petition, originating notice of motion or originating summons

(1) The respondent to a petition shall, within 14 days of service of the petition, respond to the petition by way of an answer and opposing affidavit.

(2) The petitioner may reply to the respondents answer within seven days of being served with the answer and opposing affidavit.

(3) The respondent may file a cross-petition which shall disclose the matters set out in rule 1 in Form II set out in the Schedule.

(4) The respondent shall, within 14 days of being served with an originating notice of motion or originating summons respond to the summons or motion by way of affidavit in opposition.

(5) An originating notice of motion and an originating summons shall be as set out in Forms III and IV respectively.

5. Sealing

A petition, originating notice of motion originating or summons shall be sealed by the proper officer and shall thereupon be deemed to be issued.

6. Procedure on sealing petition

The petitioner or applicant or the petitioner's or applicant's advocate shall, on presenting the petition, summons or motion for sealing, leave with the proper officer a copy of the petition signed by or for the advocate, or by the petitioner if the petitioner is proceeding in person.

7. Filing and marking

An officer receiving a petition, originating summons or originating notice of motion shall file a copy and an entry of the filing thereof shall be made in a register.

ORDER V
PARTIES TO PROCEEDINGS

1. Where petitioner or applicant in doubt

Where the petitioner or applicant is in doubt regarding the persons from whom redress should be sought, the petitioner or applicant may join two or more respondents in order that the question as to which of the respondents is liable, and to what extent, may be determined between or among all parties.

2. Misjoinder or non-joinder

An originating process shall not be defeated by reason of the misjoinder or non-joinder of parties, and the Court may, in every proceeding, deal with the matter in dispute.

3. Proceedings instituted in name of wrong person

Where proceedings have been instituted in the name of the wrong person as petitioner or applicant, or where it is doubtful whether proceedings have been instituted in the name of the right petitioner or applicant, the Court may, at any stage of the proceedings, if satisfied that the proceedings have been instituted through a mistake made in good faith and that it is necessary for the determination of the matter in dispute, order any other person to be substituted or added as petitioner or applicant upon such terms as it thinks fit.

4. Order for striking out or adding name of party

The Court may, at any stage of the proceedings, upon or without the application of a party, and on such terms as may appear just order-

(a) that the name of any party improperly joined be struck out; and

(b) any person who ought to have been joined, or whose presence before the Court may be necessary in order to enable it adjudicate upon and settle the matter, be added.

5. Amendment of petition, originating notice of motion or originating summons

Where a respondent is added or substituted, the petition, originating notice of motion or originating summons shall, unless the Court otherwise directs, be amended in such a manner as may be necessary, and amended copies of the petition or originating notice of motion shall be served on the new respondent and, if the Court thinks fit, on the original respondents.

6. Interested party

(1) A person may, with leave of the Court, make an application to be joined as an interested party.

(2) The Court may, on its own motion, join a person as an interested party to the proceedings.

7. Effect of death of party on suit

The death of a petitioner or an applicant shall not cause the suit to abate, if the cause of action survives.

8. Ordering witnesses out of Court

The Court may, on the application of a party or on its own motion, order witnesses on both sides to be kept out of Court although intended to be called as witnesses, except the parties or their professional representatives.

9. Preventing communication with witness

The Court may, during a trial, take such measures as it considers necessary and proper for the prevention of communication with witnesses awaiting examination who are within the Court House or its precincts.

10. Entries in books of account

Entries in books of account, kept in the course of business with such a reasonable degree of regularity as shall be satisfactory to the Court or a Judge of the Court, shall be admissible in evidence whenever they refer to a matter into which the Court or Judge has to inquire, but shall not alone be sufficient evidence to charge any person with liability.

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