ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
7. Trials and Hearings 7.1 Trial Proceedings
The courts exercise the discretion to admit or exclude evidence to ensure a fair trial, and civil cases are decided on a balance of probabilities. The Evidence (Bankers’ Books) Act mandates that evi- dence of bank entries should be brought to court by an officer from a bank, orally or by affidavit. 7.5 Expert Testimony In Zambia, expert testimony is permitted at trial to assist the court on matters requiring specialised knowledge. Parties can apply to the court, to call expert witnesses to provide opinion evidence on technical, scientific, or specialised issues. Evidence of expert witnesses is usually presented in expert reports and written or oral expert testimony, with the expert subject to cross-examination. The court may also in some instances order for an expert’s opinion of its own motion. 7.6 Extent to Which Hearings Are Open to the Public Hearings in civil and criminal cases are generally open to the public. Members of the public and media may attend court proceedings unless in exceptional instances, for example, to protect minors or national security interests. While hearings are public, formal transcripts are not automatically provided to the pub- lic. Court transcripts are generally prepared for the parties, the court, or appeals. However, the public has the right to view and obtain these transcripts, as they are considered public record. In practice, the public can obtain these records from the court upon pay- ment of a fee. 7.7 Level of Intervention by a Judge While it is for the parties to present their case and their witnesses, judges may ask questions and seek clar- ity on issues presented by the parties at trial. Judges manage the trial process. Judgments are typically not rendered at the hearing but are reserved for a later date, usually not longer than six months. However, some judgments take longer to be delivered. At hear- ings, judges can also render ex tempore rulings (ie, delivered by a judge immediately).
Trials in Zambia are conducted physically, in open court. While the parties file their pleadings, documents and witness statements, the process still involves oral witness testimony (ie, cross examination and re- examination). After all witnesses testify, the parties close their cases, file written submissions, and then Shorter hearings, such as interim applications, are generally held in the judge’s chambers rather than in open court. Parties present their evidence by way of affidavits and file skeleton arguments in support of their positions. The rules also provide for scheduling conferences before trial, during which the court sets timelines for filing documents and issues necessary directions for the matter. In addition, status conferenc- es are held prior to the trial date, these conferences are set by the court, to monitor compliance with the court’s orders for directions and ensure the matter is ready to proceed to trial. 7.3 Jury Trials in Civil Cases Jury trials are not available in the Zambian courts. 7.4 Rules That Govern Admission of Evidence Rules that apply to all the courts can be found in the Evidence Act (Chapter 43 of the laws of Zambia), the Evidence (Bankers’ Books) Act (Chapter 44 of the laws of Zambia), case law and principles of English law. Additional rules can be found in the rules of the spe- cific court (eg, trial before the High Court is primarily governed by the High Court Rules (Chapter 27 of the laws of Zambia). the court delivers its written judgment. 7.2 Case Management Hearings Evidence must be relevant to the issues in dispute. Foreign documents need to be authenticated in accordance with the Authentication of Documents Act. Additionally, hearsay is generally inadmissible except in statutory exceptions, and privileged com- munications cannot be compelled to be produced as evidence.
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