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Head 7 Superior

Superior Courts procedure

QuestionAnswer
The source of Judicial Authority in Zambia The judicial authority of the Republic derives from the people of Zambia and judicial authority ought to be exercised in a just manner and in a manner that promotes accountability to the people of Zambia
The principles of Judicial authority and the independence of the Judiciary Justice should be done to all, without discrimination; Justice shall not be delayed; Adequate compensation shall be awarded, where payable ADR, including traditional dispute resolution, ought to be promoted Justice should be administered without und
Limits to Traditional dispute resolution mechanisms Contravention of the Bill of Rights Inconsistency with other provisions of the Constitution or other written law; repugnance to natural justice, morality and equity
That judicial authority vests in :: the Courts who ought to exercise such authority in accordance with the Constitution of Zambia and others laws.
The Courts are under a duty to perform the following judicial functions a) hear civil and criminal matters; b) hear matters relating to, and in respect of, this Constitution.
Proceedings of a Court should be in public
System of Court The Judiciary consists of the superior Courts and the following Courts— scribed. Subordinate Courts; Small Claims Courts; Local Courts; and Courts as pre
Except the Local Court, the rest of the Courts are Courts of record
Superior Courts consists of the following Courts— High Court; Court of Appeal; Constitutional Court; Supreme Court.
Article 121 of Constitution regarding rank of supreme and constittutional court Supreme Court and Constitutional Court rank equivalently.
Functional independence of the Judiciary In the exercise of the judicial authority, the Judiciary is subject only to the Constitution and the law and is not subject to the control or direction of a person or an authority.
Financial independence of the Judiciary The Judiciary is supposed to be a self-accounting institution and ought to deal directly with the Ministry responsible for finance in matters relating to its finances.
The High Court consists of— the Chief Justice as an ex-officio Judge; and such number of Judges as prescribed.
The High Court Jurisdiction (Article 134 of the Constitution) consists of unlimited and original jurisdiction in civil and criminal matters; appellate and supervisory jurisdiction; jurisdiction to review decisions.
Unlimited Jurisdiction Means Jurisdiction to hear any matter on any point of law. There is no cause beyond its competence and authority. The High Court has no territorial limits.
Though the jurisdiction is unlimited it is not limitless.
The High Court must adjudicate in accordance with the law and must comply with procedural requirements as held in Zambia National Holdings Limited & UNIP vs. A-Gen and Miyanda v The High Court
Original Jurisdiction Means it’s a Court of first instance. You can commence an action or file Court process in the High Court.
The mode of commencement is determined by the relevant statute or rule depending on the nature of the action.
The default position is that an action in the High Court is commenced by a writ of summons and a full statement of claim.
Appellate Jurisdiction Means the Court sits as an Appellate Court in certain matters as specified in various statutes.
Lands Tribunal Act No. 39 of 2010 in Section 16, provides that appeal from the Tribunal go to the High Court (within 30 days). Lazarous Ndhlovu & Others v Headwoman Pwalakasa Mary Neube Appeal No. 111/2020.
Rating Act No. 12 of 1997in Section 36 provides for appeals from the decision of the Rating Appeals Tribunal to the High Court.
Supervisory Jurisdiction of the High Court A puisne Judge can review a case stated by the Magistrate. The High Court confirmed its supervisory jurisdiction of the High Court in [[Mwanza v The People (1976) ZR 154]], it was held that— “a decision of the Subordinate Court can come up before the High
Created by: user-2015883
 

 



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