ZAMBIA Law and Practice Contributed by: Mweshi Banda-Mutuna, Musenge Leah Nkonde and Lumbanya Judah Mulenga, Mweshi Banda & Associates Legal Practitioners
Duration of Proceedings Commercial Division proceedings are designed to run from commencement to judgment within six to 12 months, but typically range from one to two years. The Principal Division and other divisions typically take longer, as matters can run for 18 months to three or more years at first instance where there are substantial interlocutory applications or court backlog issues. 2.5 Confidentiality Court proceedings are public. Members of the pub- lic and the press may attend hearings, inspect filed documents upon payment of the prescribed search fee, and obtain copies of judgments. However, fam- ily proceedings and applications to set aside arbitral awards are normally held in private. Proceedings in which national security interests arise are required to be held in private under the State Security Act, Chap- ter 109 of the Laws of Zambia. 2.6 Interim Relief The following forms of interim relief are available and regularly granted: • interlocutory injunctions – an interlocutory injunc- tion restrains a party from doing or continuing to do a specified act pending the final determination of the dispute; • mandatory injunctions – these require a party to take a positive step, such as restoring goods, demolishing an unauthorised structure, or perform- ing a contractual obligation, pending determination of the dispute; and • interim attachment of property – the court may attach property as a form of asset preservation pending the resolution of the proceedings. Contempt Breach of an injunction order, whether interlocutory or final, exposes the respondent to proceedings for contempt of court, which may result in the imposition of a fine or a term of imprisonment, or both. 2.7 Final Relief The final reliefs typically granted by courts include the following:
the timeframe prescribed by the distance between the defendant’s location and the issuing registry: • 14 days for defendants within 100km; • 21 days for those within 100km to 500km; • 30 days for those beyond 500km within Zambia; and • 42 days for defendants outside the jurisdiction. Failure to enter a defence entitles the plaintiff to apply for judgment in default under Order XII of the High Court Rules, depending on the nature of the claim. There is currently no provision that allows a defend- ant to enter a conditional memorandum of appear- ance and file an application challenging the validity of the action. A defendant must first enter unconditional appearance before challenging the continuation of the action. Scheduling Conference Within 30 days after the close of pleadings, the court is required to convene a scheduling conference at which the judge issues an order for directions, including the timeframe for a reply and defence to counterclaim, if any. The scheduling conference is also the point at which the judge must, in appropriate cases, refer the action to court-annexed mediation. Trial Trials in the High Court are conducted in person, in open court, following the adversarial model. The plaintiff leads its witnesses, who are cross-examined and may be re-examined. After both sides close their cases, the parties file written submissions. The court then delivers its judgment in writing. In Subordinate Courts (Magistrates’ Courts), trials are also conducted in person and in open court, but the procedure is generally less formal. Evidence is led by the plaintiff, and witnesses are cross-examined and may be re-examined. Trials in this court often occur on a “trial by ambush” basis, meaning that parties are not expected to exchange witness statements, although documentary evidence may be exchanged in advance.
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