THE JUDICIARY

 The judiciary is responsible for interpreting the law. The judiciary is an organisation of the
state responsible for interpreting the law. Article 91 of the Zambian constitution provides for
the creation of the judiciary.

 The Judiciary shall consist of the superior courts and the (a) subordinate courts; (b) small claims courts; (c) local
courts; and (d) courts, as prescribed. The judiciary is the guardian of the rights of citizens and it protects those
rights from all possibilities of individuals and state establishments.

 The Supreme Court and Constitutional Court rank equivalently. A decision of the
Constitutional Court is not appealable to the Supreme Court.
SUPERIOR COURTS
The Supreme Court of Zambia; The Constitutional Court of Zambia;
The Court of Appeal;
The High Court of Zambia;
LOWER COURTS
The Subordinate Court;
The Small Claims Court;
The Local Court; and
Courts as prescribed
 Judiciary continued…

 There is established the Supreme Court which consists of (a) the Chief Justice; (b) the Deputy
Chief Justice; and (c) eleven other judges or a higher number of judges, as prescribed.

 There is established the Constitutional Court which consists of (a) the President of the
Constitutional Court; (b) the Deputy President of the Constitutional Court; and (c) eleven
other judges or a higher number of judges, as prescribed.

 Constitutional court deals with

a) a matter relating to the interpretation of this Constitution;

b) a matter relating to a violation or contravention of this Constitution;

c) a matter relating to the President, Vice-President or an election of a President;

d) appeals relating to election of Members of Parliament and councillors;

 Functions of the Judiciary
1) The chief function of the judiciary is to administer justice.
 Administer justice through resolving disputes between individuals (Chewe vs
Hachitapika) and between the state and individuals (The People vs Chanda)

2) Courts perform the function of investigating and determining facts.

 In the greater majority of the cases coming before courts of law whether civil or
criminal, the law is clear and no legal issue is presented.

 The function of courts in all such cases is to supply and determine facts
according to the required procedure.

 The procedure is that parties involved in a case should produce evidence.

 Functions of the Judiciary
3) Preventing transgression of the law is another court function.
 The courts interpret the constitution and laws of Zambia.

 This done because it’s been realised that it isn’t necessary for private parties to
wait until the rights have been actually violated before they could appeal to the
courts for protection.

 If individuals have reason to believe government has violated their rights, they
could appeal to courts and the courts would issue orders at least restraining
commissions/occurrences.

 Human rights: The judiciary protects human rights of individuals and groups.
 Functions of the Judiciary
4) The judiciary is also the guardian of the constitution.
 Safeguards the constitution and upholds democratic principles.

 The constitution creates various organs of government and assigns to them

powers and responsibilities.

 Courts in this case help in explaining whether government agencies have

transgressed the provisions of the constitution.

 Judicial review denotes the power of the courts of a country to examine the
actions of the legislative, executive, and administrative arms of the government
and to determine whether such actions are consistent with the Constitution.
Actions judged inconsistent are declared unconstitutional and, therefore, null
and void.
 Functions of the Judiciary
4) Rule of Law
 Promote the rule of law and contribute to the maintenance of order in society.

 The aim of the rule of law is to limit and check the arbitrary, oppressive, and
despotic tendencies of power, and to ensure the equal treatment and protection
of all citizens irrespective of race, tribe, class, status, religion, place of origin, or
political persuasion.

 It implies a legal framework that is fair, impartial (particularly in regard to

human rights, public security and safety), and that legitimizes state actions.
 Functions of the Judiciary
5) Miscellaneous Functions
 The judiciary can also perform a variety of miscellaneous functions.

 These functions may not be judicial in character but have been assigned to the
courts as a matter of economy and convenience.

 In many cases were the ownership use/rights in property are in dispute courts
may take over administration of such property pending the final settlement.

 In cases were cooperation’s have failed to live up to the financial obligations,

the courts appoint a receiver/administrator to take over the property and
administer it, subject to its orders.