NAME: ANGELA NAMASIKU

COURSE : LEGAL PROCESS

YEAR OF STUDY: 2020

SEMESTER:II

EMAIL ADDRESS: namasikuangela91@gmail.com

CONTACT DETAILS:+260977407652

1) Explain the court structure in relation to jurisdictions in Zambia

 Before going straight to the main topic one needs to understand some basic terms . A court
is an institution that the government sets up to settle disputes through a legal process. People
come to court to resolve their disagreements. Did Bill Jones run a red light before his car ran
into John Smith’s, or was the light green, as he says it was? Did Frank Williams rob the bank?
Courts decide what really happened and what should be done about it. They decide whether a
person committed a crime and what the punishment should be. They also provide a peaceful
way to decide private disputes that people can’t resolve themselves. Now that one has
understood the meaning of the term it is also important to know the meaning of the term
jurisdiction, Jurisdiction generally describes any authority over a certain area or certain persons.
In the law, jurisdiction sometimes refers to a particular geographic area containing a defined
legal authority. For example, the federal government is a jurisdiction unto itself. Its power
spans the entire United States. Each state is also a jurisdiction unto itself, with the power to
pass its own laws. Smaller geographic areas, such as counties and cities, are separate
jurisdictions to the extent that they have powers that are independent of the federal and state
governments. Therefore this essay is aimed to explain the structure of courts in relation to
jurisdictions in Zambia.

The judicial system is based on English common law and customary law. Common law is
administered by several High Courts, which have authority to hear criminal and civil cases and
appeals from lower courts. Resident magistrate’s courts are also established at various centers.
Local courts mainly administer customary law, especially cases relating to marriage, property,
and inheritance.Under the constitution of 1997, the Supreme Court is the highest court in
Zambia and serves as the final court of appeal. The chief justice and other eight judges are
appointed by the president. In consultation with the prime minister, the president also appoints
the director of public prosecution and the attorney general, the latter being the principal legal
adviser to the government. The independence of the judiciary has been respected by the
government. Trials in magistrate courts are public.
 The Zambian judicial system compromises of 460courts ,arrayed , basically in hierarchy with
four primary level. At the base stand 415 courts,presided over by the senior justices,and 497
presiding justices assisted by 428 ordinary justices under the local court Act. The judicial
services commission appoints local court advisers and as many local court officers as it seems
fit.

The local court: Local courts are divided into grade a and b, Grade A courts are not allowed
to handle jurisdictions which may exceed k200 while grade b courts can not handle jurisdictions
which are over k100 . The local court courts are divided into two grades which would be grade
A and grade B and their jurisdictions has limitations according to a grade which the court is
aligned to do. A grade courts can handle jurisdictions which may not exceed the amount of
k200 while B grades courts may not handle jurisdictions which may exceed k100. A local court
do not have the power to hear or judge for issues regarding inheritance or matrimonial issues
not based on customary law. Their most functions most functions is to resolve customary law
disputes but they also appoint administrators to the deceased estates, enforce local
government bylaws and handle minor criminal cases. If a person is dissatisfied by the ruling of
the local court, he/she can appeal to the subordinate court.

The subordinate court:. In Zambia there are 42 subordinate courts presided with over
7senior resident magistrates,12resideny magistrates,22class I magistrates,30 class Ii magistrate
and 25 class III magistrates appointed by the judicial services commission. A subordinate court
designated with class I and a resident magistrate or class I magistrate sitting,may hear claims in
personal suits arising tort or contract or both where the amount in controversy does not exceed
four hundred kwacha. The jurisdictions varies between classes, not only in amount but as to
types of action triable as well. Only a first or second class subordinate court may entertain an
application for an enterjectment order: enforcement of attachment is reserved to first and
second class courts and while all subordinate courts may hear certain action ground in marriage
and family law, certain other types of cases in those areas are restricted to the higher
subordinate courts. Somewhat unexpected the criminal procedure code also grants to
subordinate courts a limited type of cival jurisdiction for awarding a (non-appeable but
apparently reviewable under revisory jurisdiction) judgement for the value of property illegally
obtained by a public service employee.

A subordinate court is empowered to hold preliminary inquires, whether it could ultimately

have trialed the case or not before committing the accused to trial before the high court. The
preliminary inquires normally obtain evidence for review and determine if the accused should
infact be committed to the high court for trial in the right of the evidence adduced. In addition
however the subordinate courts has the power to dispose of the case summarily ( without
committal to the high court) if after the preliminary inquires it appears that the offence with
what the accused should properly be charged is within the courts jurisdictions and the
magistrate seems it appropriate to act. The summary adjudication is, according to the law,
subject to the provisions of part vi of the criminal procedure code, which outlines rights to call
witnesses and cross examine opposite witnesses party’s witnesses. Section 232 of the code
however seems to imply a different set of rights in a summary adjudication procedure.
According to section 232 if at the close of evidence the court purposes to deal with the case
summarily the accused may still cross examine any prosecution witnessed he had already not
examined. Subordinate courts handle criminal trial and civil disputes of a limited monetary
value. They are only allowed to pass certain sentences,they are not allowed to try offences such
as murder, aggravated lobbery and treason,they handle issues of maintenance, affiliation and
custody of children.

The high court: the constitution and the high court Act provide for the existence of the
high of jurisdictions in Zambia, the court has an establishment of 12 pulsine judges in addition
to the chief justice who sits Ex officio. In addition commissioners can act temporary with the
power of a pulsine judge, the president acting in accordance with the advice of the judicial
services commissioners appoints the pulsine judge and any commissioner of the high court. The
constitution gives the high court matters related to the industrial relations court “ unlimited
jurisdictions to wear and determine any cival or criminal proceeding under any law , and such
jurisdictions and powers as may be conferred on it by the constitution of any other law”. The
High court Act adds that within specified limits, it may also exercise “ with the jurisdictions
powers and authorities vested in the high court of Justice in England”. Presumably this means
with such modification as would be required to apply in Zambia, the high court is given
extensive power allowing it to decline jurisdictions and take a case back to the subordinate
court or local court with appropriate jurisdiction to try the matter.

The Supreme Court: the supreme court of Zambia created by article 107 of the constitution
and the supreme court Act, has establishment of 5jidges, including the chief justice and the
deputy chief justice. The president may appoint these judges unlike the lower court judge’s
without consultation with the judicial service commission. The supreme court of Zambia act
No.41 of 1973 provides for grants of appellate and original jurisdictions to the supreme court.
The courts shall have jurisdiction to hear and determine appeals in civil and criminal matters as
provided in this act and such other appellate or original jurisdictions as may be conferred upon
it by or under the constitution of any other law. While this section allows granting of original
jurisdictions, the supreme court replacing Court of appeal- the final count of appeal for most
matters.

In conclusion , the courts are in a hierarchy of the smallest to the biggest,these kind of
systerms helps to maintain law and order Even the lowest point. People in rural areas can as
well have law and order through the local court this highlighting the nobody is above the law
situation.