The Supreme Court.................

4-5

The Constitutional Court................5-6

Court of Appeal...................6-7

High Court......................................7-8

Subordinate Court..................8-9

Small Claims Court...................9

Local Court......................9-10

Conclusion.......................10

References.......................11

Introduction

Where law is concern, the courts are the common largest and easily identifiable branches of all
legal systems. Courts deal with all angles that has to do with law in the country. They create the
judiciary which is part of the legal system. The judiciary works with other legal institutions such
as the police, the prisons, office of the Director of public prosecutions and the legal profession.
According to Article 120 of the constitution it provides an eagle's eye view of the court structure
of the Zambian legal system. The court structure is made up of the Superior Courts (which are
the Supreme Court, which is at par with the Constitution Court, the Court of Appeal, and the
High Court) and the Lower courts (these are magistrate courts also called subordinate courts,
small claims courts, Local Courts and courts as prescribed. However the respective Acts
regulating the courts gives them "Jurisdiction". According to Dr. Hamalengwa. M (2021)
Commentaries on the Laws of Zambia. "Jurisdiction is simply the competence of the court to
hear and determine legal matters". Jurisdiction explains the scope of legal matters which the
specified court can hear and determine.Therefore this assignment will discuss the Court Structure
of the Zambian Legal System from the superior to the lower courts, the cases handled by each
court or the Jurisdictional aspects of each court and the hierarchy of court Appeal.

The Supreme Court

The Supreme Court it was established under Article 124 of the constitution of Zambia. The
supreme court of Zambia is now at par ranking equivalently with the constitution court. It hears
appeals from the High Court in both criminal and civil cases, using the procedure currently at
work in England. It is therefore the final court of appeal or the highest court of appeal in Zambia,
it has jurisdiction and powers as conferred on it by the constitution and other law. It was formed
by the Supreme Court Act and the republican constitution. The Supreme Court is not a court of
trial no cases are tried unless the case is a presidential elections petition. It is mainly found in
Lusaka but holds sessions in Ndola, Kitwe, and Kabwe. When it is time for convenience to hear
appeals of the condemned prisoners it meets in Kabwe where the Maximum prison called
Mukobeko Maximum security prison is located.The structure of the Supreme Court According to
article 126 amendment Act of (2016) it is stated that the supreme court is headed by the Chief
Justice, in the absence of the Chief Just it is presided over by the Deputy Chief Justice; and in the
absence of the Deputy Chief Justice it is presided over by the most senior judge of the supreme
court as constituted. In addition the Supreme Court is established by an uneven number not less
than three judges, except when hearing an interlocutory matter where one judge is constituted.
The full sitting of the Supreme Court is made up of not less than five judges. Jurisdiction of the
Supreme Court.The Supreme Court is an appellate court. Meaning a case cannot be heard and
determined by the Supreme Court on first instance . For example the Recently April 2018, the
matter involving the succession dispute in the MMD party the supreme court clearly stated that it
has no Jurisdiction to handle the case but referred it to the constitutional court. Anyone who
wants to appeal to the Supreme Court must first get permission from the Court of Appeal,
otherwise the Appeal will be void in the Supreme Courte Types of legal cases handled by the
Supreme Court.The Supreme Court being the highest court of appeal it handles felonies type of
cases . A felony is a serious criminal case punishable by a term of imprisonment for a specified
period of time. According to the Zambian Penal Code, "murder, treason, and aggravated robbery
are considered to be felonies" previous listed as crimes whose mandatory sentence is the death
penalty. When such cases happens the judge will impose identical sentences on all persons
convicted of the same crime

The Constitution Court.

According to Article 127 of the constitution Act No.2 of 2016 establishes the Constitutional
Court. It is at par in decision ranking with the Supreme Court, meaning its Judgement is final and
anyone who feels it was unjust cannot appeal to any Court (Article121). it is made up of the
President of the Constitutional Court, the Deputy President of the Constitutional court and the 11
other judges as prescribed".The jurisdiction of, and cases handled by the Constitutional Court.
The jurisdiction of the Constitutional Court of the court is given in Article 128 of the
Constitution where it is stated that the constitutional court has the original and final jurisdiction
to hear and determine; A case relating to presidential elections. A case relating to parliamentary
and Councilors elections A case relating to the violation of the Constitution. A case based on the
interpretation of the constitution. For example the case relating the Bill of Rights it was handled
by constitutional court.

Court of Appeal.

The Court of Appeal it was formed under Article 130 of the constitution of Zambia
(Amendment) Act N.2 of 2016. It has become the second highest court of record after the
Appellate court and the Constitutional Court. The Court of Appeal is made of 19 judges inclusive
of the Judge President, and the Deputy President. Jurisdiction of the Court of Appeal and the
cases it handles.

According to Article 130 of the constitution if states that the Court of Appeal has authority to
hear appeals from; The High Court Other courts except for the matter s under the exclusive
jurisdiction of the constitutional court.Quast -judicial bodies, except for the local Government
election tribunal.An appeal from a decision of the Court of Appeal shall be made to the Supreme
Court with Leave of the Court of Appeal. The Court of Appeal handles both criminal and civil
division from the High Court.

The High Court

The High Court is a type of court which is divided into; Industrial Relation Court, the
Commercial Court, the Family Court and the Children Court. It hears appeals from the
Subordinate in both civil and criminal Courts Article 133 of the Zambian constitution Act No. 2
of 2016 provides bird eye's view on how it came into being.The High Court is made up of; T he
Chief Justice, as an ex-officio judge.In term of section 5 of the Supreme Courts Act the High
Court consists of sixty (60) judges.The Chief Justice is the judge of the High Court, He or she
can descend from the Supreme Court to preside over the case in the High Court. Jurisdiction of
the high court and the cases it handles.

According to Article 128 of the Zambian constitution the High Court has;Jurisdiction to review
decision as prescribed. Unlimited and original jurisdiction in civil and criminal cases Appellate
and supervisory jurisdiction as prescribed. The division of the High CourtAs mentioned above
the high court is divided into three bran ches and these are as follows.The Industrial Relations
Branch; it is composed of a Chairman, Deputy Chairman and not less than ten (10) members as
the minister of labour appoint. It has jurisdiction in all industrial relations cases. Only
employees, employers and trade unions are allowed to institute a complaint.The Commercial
Branch; According to Article 133 of the Zambian constitution (2016), the Branch was formed to
resolve matters arising from all transactions of a business nature. The steam of this court Act
chapter 27 of the laws of Zambia provides processes and procedures a matter under goes. If
parties fails to attend a hearing without justifiable cause, the case will be dismissed.The Family
and Children's branch ; It has jurisdiction in all family and children matters and this includes,
Custody of Children, wills and administration of estates, petitions for divorce, and Affliction and
adoption orders to mention but a few. The high court marks the end of the superior courts. It will
be of understanding to briefly elaborate on Lower Courts such as the subordinate Courts, Small
Claims Courts, Local Courts and Courts as prescribed.

The Subordinate Courts

According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of Zambia, "The

Subordinate Courts are formed under Article 120 of the constitution of Zambia, Act No.2 of
2016." It is the High Court that supervises and controls the Subordinate Courts through appeals.
Currently only 64 subordinate courts are in operation the whole country and they are
spearheaded by the magistrates who are given power by the Judicial Service commission. A
subordinate Court of the first class is presided over by a principal resident magistrate, a senior
resident magistrate, and a resident magistrate. Furthermore a subordinate of second class is
headed by a magistrate of the second class and for a third class is presided over by a magistrate
of the third class.Jurisdiction and the cases handled by the Subordinate courts The jurisdiction of
the Subordinate Court is only within the limits of the District for which each such court is
constituted. It is not allowed for appeals to be from one class of a magistrate to another.The cases
it handles are given under section 17-22 of the subordinate courts Act, Chapter 28 of the Laws of
Zambia , for example Civil suits and criminal cases. It hears appeals from the Local Courts.Civil
jurisdiction of the Subordinate Court s of the first class.In civil causes and matters a subordinate
court of the first class shall subject to this Act and in addition to any jurisdiction which it may
have any other written law, within the territorial limits of its jurisdiction have jurisdiction. In
every personal suits, despite where it is arising from. The court is presided over by a Chief
resident magistrate, not more than k100, 000 to magistrate of the first class not more than k30,
000.the magistrate in between also presides over the cases.Civil jurisdiction of the subordinate
courts of the second class.In civil causes and matters the court of second class has all the
jurisdiction within the territorial limits of its jurisdiction. Civil jurisdiction of the subordinate
courts of the third class The court of the third class has jurisdiction within the territorial limits of
its jurisdiction. The Small Claims CourtsThe Small Claims Courts formed under section 3 of the
same court Act. According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of
Zambia, He defined small claims courts as "a liquidated claim that does not exceed such sum as
the Chief Justice may, by statutory instrument specify."The people considered to be
commissioners over the small claims court are appointed by the Judicial Service Commission on
behalf of the President . Lawyers are not allowed to represent clients in the small claims court,
when the appeal is not in line with the decision of the court lies to the High Court. Jurisdiction
of, and cases handled by the small claims court The jurisdiction of the court is limited to liquated
claims that does not exceed such sum as the Chief Justice may, by the statutory instrument
specify. The Court has jurisdiction in the following causes of action.D ebt that are due and
payable.Rentals that are due and payable despite the premises Proceedings relating to a cheque
of debt signed by a debtor. Just to mention but a few .Furthermore the Small Claims Court has no
jurisdiction in the scenarios below A matter involving the validity of a will. A claim made under
customary law. A case in which the injection is so ught. To mention but a few. The brief
description of the small claims courts, it will lead the research to explain about the local court.
The Local Court

These are courts which were formed by the Act of Parliament , the local courts Act of Zambia
Chapter 29 of the laws of Zambia. They are the fastest courts in resolving a dispute and has a
simplest procedure. Its appeal goes to the subordinate courts. The Local Courts are divided into
category A and B which are formed by the Minister of justice. These Local Courts are
spearheaded by the Presiding Justice and with other Justices. The spear headers are appointed by
the Judicial Service Commission. Jurisdiction of the Local Courts and the cases it handles
Category " A" hears a civil case about a claim which is greater in value than 16, 667 fee
unitsCategory " B" hears a civil case about a claim of not more than 13,889 fee units. The power
to punish the offender is limited to each category.

According to Dr. Hamalengwa. M (2021) Commentaries on the Laws of Zambia, "The Local
Courts can also handle minor criminal cases as permitted by the Chief Justice."The local courts
have the jurisdiction to enforce the; African customary law if it is not Inconsistence with any
statute. Rural council By-Laws. To mention but a few. The procedure in the Local Courts is
informal because Lawyers do not represent clients in the court and they don't practice in these
courts.

Conclusion.

In conclusion from the forgoing, the researcher would like to say the courts are the major and the
final determinants of all the matters happening in the country. And courts makes sure all the
procedures are followed for them to handle case, if a specified court have no jurisdiction over the
case it will surely redirect the case to the court which is competent to handle such a such.
example the Recently April 2018, the matter involving the succession dispute in the MMD party
the supreme court clearly stated that it has no Jurisdiction to handle the case but referred it to the
constitutional court.

REFERENCES

Dr. Hamalengwa Munyonzwe (2021) Commentaries on the Laws of Zambia, (p 321) 1st Edition;
Diamond Publishers, Canada.Keenan Smith (2004) English law 14th edition.Articles of the
Zambian Constitution Acts of (2016).. Article 120, 124, 126, 127, 128, 130, and 133.