ZAMBIA Law and Practice Contributed by: Mweshi Banda-Mutuna, Musenge Leah Nkonde and Lumbanya Judah Mulenga, Mweshi Banda & Associates Legal Practitioners
• contract and general tort – six years; • personal injury claims – three years; • fatal accidents – three years from the date of death; • contracts under seal (specialty) – 12 years; • judgment enforcement – 12 years (with arrears of interest recoverable only for six years); • recovery of land – 12 years; • penalties and forfeitures – two years; • arrears of rent – six years; • mortgage actions (recovery of principal money) – 12 years; • arrears of interest on a mortgage – six years; • non-fraudulent breach of trust – six years; • claims relating to the personal estate of a deceased person – 12 years; and • Industrial Relations Division claims – 90 days. 2.2 Court Structure Under the Constitution of Zambia (Amendment) Act No 2 of 2016 (the “Constitution”), the Zambian judici- ary is structured as follows: • the Supreme Court; • the Constitutional Court; • the Court of Appeal; • the High Court; • the Subordinate Court; • the Small Claims Court; and • the Local Court. The Supreme Court The Supreme Court is established under Article 125 of the Constitution as the final court of appeal in Zambia, hearing appeals from the Court of Appeal. Appeals from the Court of Appeal to the Supreme Court are not automatic. A party wishing to appeal has to apply for permission to appeal, firstly to the Court of Appeal and, if denied, to the Supreme Court. Permission to appeal will only be allowed if either the Court of Appeal or the Supreme Court is convinced that one or more of the following grounds is established: • the appeal raises a point of law of public impor- tance; • it is desirable and in the public interest that the matter be determined by the Supreme Court;
• the appeal would have a reasonable prospect of success; or • there is some other compelling reason for the appeal to be heard by the Supreme Court. The Constitutional Court The Constitutional Court is established under Articles 127 to 129 of the Constitution. It ranks equivalently to the Supreme Court but exercises a wholly distinct jurisdiction. • It has original, exclusive and final jurisdiction over matters involving the interpretation of the Constitu- tion. Where a constitutional question arises in the course of proceedings before any other court, the judge may refer it to the Constitutional Court for determination. • It does not hear appeals arising from commer- cial or general civil disputes. That jurisdiction is reserved for the Supreme Court. The Court of Appeal The Court of Appeal is established under Article 130 of the Constitution, and operates under the Court of Appeal Act and the Court of Appeal Rules of 2016. It is the mandatory court of appeal for decisions from the High Court and certain tribunals. Consequently, no civil appeal can go directly from domestic tribu- nals or the High Court to the Supreme Court, unless this is expressly permitted by an Act of Parliament. Other than in excepted cases, appeals to the Court of Appeal from the High Court are automatic. The High Court The High Court derives its existence from Article 133 (1) of the Constitution and is further governed by the High Court Act, Chapter 27 of the Laws of Zambia. It exercises unlimited original jurisdiction in civil and criminal matters and has appellate and supervisory jurisdiction as prescribed by law. The current structure comprises four divisions: • the General List (Principal Registry) – handles civil claims exceeding ZMW100,000 that do not arise from business transactions or employment matters, although matters in this financial threshold are now being referred to the Subordinate Court following an increase in its jurisdiction to ZMW1 million;
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