High Court Act

This provision gives the Act its short title: the High Court Act.

This section defines words and phrases used in the Act, including Court, Judge, plaintiff, defendant, action, suit, and several registry and session terms.

This section lists the Court’s divisions and gives the Chief Justice powers to prescribe additional specialised courts, set jurisdiction categories, and issue practice directions.

Judges have equal power and jurisdiction, and any Judge may exercise some or all of the Court’s jurisdiction, unless another statute says otherwise.

A civil trial may be held with assessors if the presiding Judge decides to do so, and there must be two or more assessors as the Judge thinks fit.

The Judicial Service Commission must appoint the Registrar of the High Court, one or more Deputy Registrars, and any other Court officers needed.

The Registrar, Deputy Registrars, and some other court officers have the jurisdiction, powers, and duties set by this section and any rules or directions made by the Chief Justice or the Court.

The Chief Justice may issue directions about Court officers’ duties and how their functions are allocated.

The Court has jurisdiction and powers similar to the High Court of Justice in England, within the limits of the Act.

The Court must handle practice and procedure under this Act, related laws, and Court-made rules; if there is no such provision, it must follow the listed English practice sources, except that later English civil court practice rules do not apply in Zambia.

The Court must handle probate matters in line with English law and practice from 17 August 1911, subject to this Act and court rules. Older probate grants stay valid, and no lawsuit may be brought solely because an estate was administered under later English law.

English statutes applied to Zambia operate only as far as local circumstances and jurisdiction allow, and the Court may make non-substantive verbal changes to apply them to proceedings.

In civil matters before the Court, law and equity must be applied together, and the Court must grant appropriate remedies or relief.

If a person refuses or neglects to follow a court order to execute or endorse a document, the Court may order it done by a person it nominates.

Court-issued writs, precepts, and mandatory process must be in the President’s name and sealed with the Court’s seal.

The Court can stop a person from starting or continuing legal proceedings without leave if the person has repeatedly brought vexatious cases without reasonable ground.

Civil appeals from subordinate courts are normally heard by one Judge, unless the Chief Justice directs that a particular appeal be heard by two Judges.

If a judge cannot deliver a prepared judgment, the Chief Justice may direct another High Court judge to do so and finish the case. A judge appointed as Supreme Court Judge must also finish proceedings already started before him.

Court sittings are usually held in buildings in Zambia assigned by the Chief Justice, but sittings elsewhere within jurisdiction remain valid.

The Chief Justice and judges may set the times and places for Sessions, including special Sessions, and the Chief Justice may appoint a Clerk of Sessions.

The Court must stay open year-round in Lusaka and certain other registries, with exceptions for Sundays, public holidays, and criminal trials on information. The Chief Justice may also direct some criminal matters to be heard at Lusaka or another Resident Judge court, and an appellant in a criminal appeal may require the appeal to be heard at the next session unless the Chief Justice orders two judges.

If the judge does not attend and no other judge appears, the court or session is adjourned day by day until a judge attends or an authorized order closes or adjourns it.

This section says the Part’s transfer rules apply to criminal cases only where they do not conflict with the Criminal Procedure Code.

Courts and judges may transfer cases between judges, subordinate courts, and court sittings, but a transfer to another judge needs that judge’s consent.

A court or judge may transfer a cause or matter to a local court with jurisdiction, and must first check that the transfer is not against the interests of justice or unduly inconvenient.

Transfer powers under this Part must be exercised by an order signed by a Judge or the Registrar and sealed by the Court, with a telegraphic communication allowed in urgent cases.

An order transferring a case stays proceedings in the original court and requires the case records to be sent to the receiving court when needed.

The Court may summon witnesses, require evidence or documents, and compel attendance; a summoned person who fails to attend after notice and expenses may be in contempt.

A person required to give evidence must not refuse to be sworn, answer lawful questions, or produce documents without satisfying the Court; otherwise the Court may commit them to prison until they comply.

The Court may compel anyone present in court, including a party or non-party, to give evidence or produce documents they have, and refusal can be dealt with under section 28.

A judge may issue a warrant to have a prisoner brought to court to give evidence, and the gaoler or person in charge must comply by producing the prisoner in custody and handing him to a court officer, unless section 64 of the Prisons Act applies.

The court may allow money to witnesses in civil and criminal proceedings.

A Judge may appoint Commissioners for affidavits, declarations, document production, and witness evidence in court proceedings.

The Court may order inspection of real or personal property by the Court, the parties, or witnesses if that inspection could be material to deciding the dispute.

The court may use chiefs, knowledgeable persons, assessors, and customary-law publications when African customary law is relevant. Assessors must advise the court and give their opinions, and the court is not bound by those opinions.

Most people cannot demand inspection or copies of Court evidence records or notes, except where court rules expressly allow it.

This section sets out how oaths and affirmations must be taken, including different forms for Christians, Jews, other persons, and people who object to taking an oath.

Proceedings before the Court must be taken down and recorded as rules of court prescribe.

If the Court thinks someone committed perjury in a proceeding before it, it may call for a show-cause response and then imprison the person, fine the person, or do both.

The Chief Justice may set up, change, or cancel district registries by statutory notice, and may appoint qualified District Registrars. Every District Registrar is an officer of the Court.

District registries must use the seal directed by the Chief Justice, and documents that must be sealed have to be impressed with that seal.

District Registrars may administer oaths and must perform Registrar functions for court proceedings when prescribed by the Chief Justice’s rules or by special court order.

A party may ask the Court or a Judge to move proceedings between registries, and the Court or Judge may order the transfer if it thinks fit.

The Chief Justice may make rules, by statutory instrument, about court deposits and fees.

The High Court may make court rules by statutory instrument for listed procedural and administrative matters, and related rules under other written laws must be made the same way.

This section sets up the High Court Rules Committee, defines who sits on it, and gives the Chief Justice chairing, convening, and appointment powers.

This section repeals the High Court Act and preserves appointments already made under it.

Rules of court made by the Chief Justice are treated as valid as if the High Court had made them, where an earlier Act gave the High Court power to make such rules.