ZAMBIA Law and Practice Contributed by: Mweshi Banda-Mutuna, Musenge Leah Nkonde and Lumbanya Judah Mulenga, Mweshi Banda & Associates Legal Practitioners
• the Commercial Division – handles matters aris- ing from transactions relating to commerce, trade, industry or any business action; • the Industrial Relations Division – exercises origi- nal and exclusive jurisdiction over employment disputes, trade union matters, and all proceedings under the Industrial and Labour Relations Act; • the Economic and Financial Crimes Court Division – handles matters relating to economic and finan- cial crimes and corruption; and • the Family and Children’s Division – handles mat- rimonial causes, maintenance, custody, and care and placement matters under the relevant family legislation. The Subordinate Court The Subordinate Courts are governed by the Subor- dinate Courts Act, Chapter 28 of the Laws of Zambia. Key developments include the Subordinate Courts (Amendment) Act No 23 of 2023, which introduced internal divisions of this Court, namely: • the General Division; • the Economic and Financial Crimes Division; • the Gender-Based Violence Division; • the Roads and Road Traffic Offences Division; and • the By-Law Breaches Division. It has fixed monetary thresholds that each rank of Magistrate is allowed to preside over and grant as compensation in a civil case, arising from a contract or tort, or both, as follows: • Chief Resident Magistrate – not more than ZMW1 million; • Principal Resident Magistrate – not more than ZMW900,000; • Senior Resident Magistrate – not more than ZMW500,000; • Resident Magistrate – not more than ZMW300,000; • Magistrate of the First Class – not more than ZMW150,000; • Magistrate of the First Class – not more than ZMW100,000; and • Magistrate of the Third Class – not more than ZMW75,000.
Similarly, the jurisdiction of the Subordinate Court in land matters is divided according to the rank of Mag- istrates, with the Subordinate Court of the First Class having the authority to determine disputes concerning annual rent of not more than ZMW250,000, or land whose value does not exceed ZMW1 million, while for the courts presided over by the Chief Resident Magis- trate, Principal Resident Magistrate, Senior Resident Magistrate and Resident Magistrate the annual rent in the dispute cannot be more than ZMW500,000. The Small Claims Court This is established under the Small Claims Courts Act, Chapter 47, as amended by the Small Claims Courts (Amendment) Act No 15 of 2025. The key features of this court include the following: • resolution of small fixed-amount money claims not exceeding ZMW75,000, although the Chief Justice is empowered to increase this threshold; • no legal representation allowed; and • companies and other legal entities may not be claimants. 2.3 Pre-Action Conduct The principal pre-action requirement under Zambian law is the issuance and service of a letter of demand setting out the nature of the claim to encourage set- tlement before commencing proceedings by writ of summons in the High Court, failing which an action is Civil proceedings in the High Court are initiated by filing the appropriate originating document at the rele- vant registry. Under the High Court Rules, Chapter 27, there are four recognised modes of commencement: • writ of summons; • petition; • originating notice of motion; and • originating summons. Service and Appearance Once the originating process is served, the defend- ant must enter appearance and file a defence within considered incompetent and dismissible. 2.4 Stages of Court Proceedings Commencement
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