ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
Nchito & Nchito Advocates Stand No. 18945 Lubansenshi Close Olympia Park P.O. Box 34207 Zambia Tel: +260 211 236 920 / +260 979 789 789
Email: info@nchito.co.zm Web: www.nchito.co.zm
1. General 1.1 General Characteristics of the Legal System Zambia’s legal system is based on a common law legal system, derived from English law. Zambian legal sources include statutory law enacted by parliament, case law, and customary law which is deeply rooted in indigenous traditions. The Constitution of Zambia is the supreme law from which all other laws derive their validity. Zambia’s system emphasises judicial precedent, the rule of law, and the independence of the judiciary as central pillars of justice. The Zambian Courts Zambia follows an adversarial model, where opposing parties present their cases before an impartial judge or panel of judges. Each party is responsible for gather- ing evidence, examining witnesses, and presenting legal arguments. The presiding judge then delivers judgment based on the evidence and applicable law. The legal process in Zambia incorporates both writ- ten submissions and oral arguments. Lawyers are required to file pleadings, affidavits, witness state- ments, bundles of documents and written legal argu- ments, and subsequently present oral arguments in court. Overall, Zambia’s legal system is a synthesis of common law principles, statutes, judicial precedent, adversarial procedure, and customary norms.
1.2 Court System Structure and Hierarchy of the Zambian Courts The Zambian judiciary is established under the Zam- bian Constitution which structures a clear hierarchy of courts beginning with the Supreme Court as the final appellate court. There is also the Constitutional Court, the Court of Appeal, the High Court, the Subordinate Court, the Local Courts, and the Small Claims Court. The Superior Court hierarchy is structured as follows: • the Supreme Court (the final appellate Court of Zambia); • the Constitutional Court (which, though it has equal standing with the Supreme Court, only adjudicates constitutional matters); • the Court of Appeal (hearing appeals from the High Court and quasi-judicial bodies); and • the High Court, which is divided into specialised divisions, discussed further below. Jurisdiction The Zambian courts are generally not organised by subject-matter specialisation, with the exception of the High Court, which is structured into the following divisions: • the General Division (civil and criminal cases); • Commercial Division (business and trade disputes); • Family and Probate Division; • Industrial Relations Division; and • Criminal Division.
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