ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
Duration The Constitution of Zambia emphasises that justice must be delivered without discrimination or delay, encourages alternative dispute resolution, and dis- courages technical obstacles. In practice, timelines vary: less contentious matters in Subordinate Courts may reach trial stage within 3–6 months, while com- plex High Court or appellate cases may take 6–18 months. Urgent constitutional cases, such as election petitions, are expedited and resolved within 90 days as prescribed by law. 1.3 Court Filings and Proceedings Court filings and proceedings in Zambia are generally open and accessible to the public. Legal researchers and the public can also access judgments and legisla- tion via the judiciary website and other privately run case depositories such as ZambiaLII. However, there are clear legal provisions and judicial practices that allow for confidentiality in specific cir- cumstances, especially to protect minors and victims of sexual offences. 1.4 Legal Representation in Court In Zambia, only lawyers admitted and enrolled under the Legal Practitioners Act (Chapter 30) have the right of audience before the courts where legal representa- tion is allowed. The Local Courts and Small Claims Courts do not allow for parties to be represented by counsel. To qualify to be admitted to practice as an advocate, a candidate must hold a recognised law degree, complete professional training at the Zambia Institute of Advanced Legal Education (ZIALE), and be formally admitted to the Zambian Bar by the Chief Justice. Once entered on the Roll of Practitioners, they may appear before all courts, except the Local Court and Small Claims Court, with the Supreme Court requiring for an advocate to practice for a minimum of three years before having audience. The Legal Practitioners Committee of the Law Asso- ciation of Zambia regulates conduct and discipline, ensuring that advocates uphold professional and ethi- cal standards.
Foreign lawyers cannot appear in Zambian courts to represent clients, although foreign counsel may col- laborate with local advocates or act in a consultative capacity.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Litigation funding in Zambia (third-party or otherwise), is unregulated. Consequently, there are no formal restrictions on who may fund litigation, although ethi- cal and professional standards apply. This means that while third-party funding is permissible, it should not interfere in any way with the court proceedings, or such funders may be held in contempt of court. Some related ethical and professional standard requirements include the following. • Lawyers must disclose funding arrangements to the court if they affect proceedings. • Lawyers must protect confidential and privileged client information, even when working with funders. • Lawyers must avoid arrangements that compro- mise their duty to the client and to the court. 2.2 Third-Party Funding: Lawsuits There are no restrictions on the types of lawsuits avail- able for third-party funding, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding . 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available for both the plaintiff and defendant, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding . 2.4 Minimum and Maximum Amounts of Third-Party Funding There are no minimum and maximum amounts for a third-party funder in Zambia.
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