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Judicial Training Institute of Zambia Act, 2023

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Jurisdiction: Zambia
Structure: 22 provisions
Citation: Act 14 of 2023
Dates: As at 26 Dec 2023

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Dates: As at 26 Dec 2023

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Purpose and legislative effect

“This section gives the Act’s short title and says it starts on a date appointed by the Minister by statutory instrument.”

This section gives the Act’s short title and says it starts on a date appointed by the Minister by statutory instrument. This section defines key terms used in the Act. This section establishes the Judicial Training Institute of Zambia as a body corporate. The Council may determine the Institute’s seal; the Registrar must keep it; and certain people must authenticate its affixing. The Institute may carry out a range of training, research, publishing, and support functions for judges, judicial officers, judicial staff, and related bodies.

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Short title and commencement

This section gives the Act’s short title and says it starts on a date appointed by the Minister by statutory instrument.

Section 1

Council of Institute

This section creates the Council of the Institute, lists its part-time members, gives the Chief Justice power to appoint most of them, and sets disqualification rules for appointment.

Section 6

Disclosure of interest

People at Council or committee meetings must disclose private interests, and they must not take part in discussion or voting unless the Council or committee directs otherwise.

Section 12

Annual Reports

The Institute must submit an annual report to the Chief Administrator within 90 days after the end of the financial year, and the Chief Administrator must lay it before the National Assembly within 7 days after the next sitting following receipt.

Section 17

Regulations

The Chief Justice may, after consulting the Council and by statutory instrument, make Regulations for carrying out this Act.

Section 22

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Source record from zambialii.org · As at 26 Dec 2023

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Showing 22 of 22 provisions

Provision 16Offence 3Short title 2Commencement

Part

PART I

§ 1Short title and commencementShort title

This section gives the Act’s short title and says it starts on a date appointed by the Minister by statutory instrument.

1. This Act may be cited as the Judicial Training Institute of Zambia Act, 2023, and shall come into operation on the date appointed by the Minister by statutory instrument.

Section 1Verify source

§ 2InterpretationShort title

This section defines key terms used in the Act.

2. In this Act, unless the context otherwise requires— “associate” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “certificate” means an award for the successful completion of the continuous professional development programme by the Institute; “Chairperson” means the person appointed as Chairperson under section 6; Short title and commencement Interpretation Act No. 3 of 2012 264 No. 14 of 2023] Judicial Training Institute of Zambia Cap. 1 Cap. 1 Cap. 1 Cap. 1 Cap. 1 Act No. 23 of 2016 Act No. 6 of 2019 Act No. 13 of 2011 Cap. 49 “Chief Administrator” means the chief Administrator of the Judiciary appointed pursuant to Article 146 of the Constitution; “Council” means the Council of the Institute constituted under section 6; “emoluments” has the meaning assigned to the word in the Constitution; “Emoluments Commission” means the Emoluments Commission established by the Constitution; “Institute” means the Judicial Training Institute of Zambia established under section 3; “judge” has the meaning assigned to the word under the Constitution; “judicial officer” has the meaning assigned to the words in the Constitution; “judicial staff” has the meaning assigned to the words in the Judiciary Administration Act, 2016; “legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019; “qualification” has the meaning assigned to the word in the Zambia Qualifications Authority Act, 2011; “Registrar” means the person appointed as Registrar of the Institute under section 13; “Vice-Chairperson” means the person appointed as Vice- Chairperson under section 6; and “Zambia Institute of Advanced Legal Education” means the Zambia Institute of Advanced Legal Education established under the Zambia Institute of Advanced Legal Education Act. PART II JUDICIAL TRAINING INSTITUTE OF ZAMBIA Establishment of Judicial Training Institute of Zambia

Section 2Verify source

Part

PART II

§ 3Establishment of Judicial Training Institute of ZambiaProvision

This section establishes the Judicial Training Institute of Zambia as a body corporate.

3. There is established the Judicial Training Institute of Zambia which is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with powers, subject to the provisions of this Act, to do all acts or things that a body corporate may, by law, do or perform. Judicial Training Institute of Zambia [No. 14 of 2023 265

Section 3Verify source

§ 4Seal of InstituteProvision

The Council may determine the Institute’s seal; the Registrar must keep it; and certain people must authenticate its affixing.

4. (1) The seal of the Institute shall be a device that may be determined by the Council and shall be kept by the Registrar. Seal of Institute Functions of Institute (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Registrar or any other person authorised in that behalf by a resolution of the Council. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, is not required to be under seal, may be entered into or executed without a seal on behalf of the Institute by the Registrar or any other person generally or specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of the Institute or issued on behalf of the Institute shall be received in evidence and shall be considered to be so executed or issued, without further proof, unless the contrary is proved.

Section 4Verify source

§ 5Functions of InstituteProvision

The Institute may carry out a range of training, research, publishing, and support functions for judges, judicial officers, judicial staff, and related bodies.

5. (1) The functions of the Institute are to— (a) establish, provide and develop judicial education and professional training for judges, judicial officers and judicial staff; (b) conduct research into judicial education, professional training, emerging fields of law and the impact of judgments; (c) enhance delivery of justice in the Republic; (d) develop training policies for judges, judicial officers and judicial staff; (e) collaborate with other judicial education and professional training institutions or organisations to improve the quality of professional skills and the delivery of justice; (f) organise and conduct seminars, conferences and other related programmes for judges, judicial officers and judicial staff; (g) register judges, judicial officers and judicial staff for continuous professional development and training; (h) award certificates to judges, judicial officers and judicial staff; (i) identify, train and enhance capacities of quasi-judicial tribunals; 266 No. 14 of 2023] Judicial Training Institute of Zambia (j) train court-annexed mediators and judges in alternative dispute resolution mechanisms; (k) induct and mentor newly appointed judges, judicial officers and judicial staff; (l) promote continuous professional development among judges, judicial officers and judicial staff; (m) commission studies in areas requiring improved service delivery; (n) publish books, journals, records, reports or other documents to enhance service delivery in the Judiciary; and (o) establish a National Law Referencing Library for the purpose of advancing knowledge in the Judiciary. (2) A certificate awarded in accordance with subsection (1) is not a qualification. PART III COUNCIL OF THE INSTITUTE Council of Institute

Section 5Verify source

Part

PART III

§ 6Council of InstituteOffence

This section creates the Council of the Institute, lists its part-time members, gives the Chief Justice power to appoint most of them, and sets disqualification rules for appointment.

6. (1) There is constituted the Council of the Institute which consists of the following part-time members: (a) the Chief Justice, as Chairperson; (b) the Deputy Chief Justice, as Vice-Chairperson; (c) a judge of the Constitutional Court; (d) a judge of the Court of Appeal; (e) a judge of the High Court; (f) a retired judge; (g) the Chief Administrator; (h) a magistrate; and (i) a representative of the Magistrates’ and Judges’ Association of Zambia. (2) The members referred to under subsection(1)(b) to (i) shall be appointed by the Chief Justice. (3) The Registrar shall be an ex-officio member of the Council. Judicial Training Institute of Zambia [No. 14 of 2023 267 (4) A person shall not be qualified for appointment as a member if that person is — (a) an undischarged bankrupt; (b) legally disqualified from performing the functions of a member; or (c) convicted of an offence under any written law and sentenced to imprisonment for a term exceeding six months without the option of a fine.

Section 6Verify source

§ 7Functions of CouncilProvision

The Council must carry out the Institute’s functions and give it strategic policy direction.

7. (1) Subject to this Act, the Council shall perform the functions of the Institute and provide strategic policy direction to the Institute. Functions of Council (2) Despite the generality of subsection (1), the functions of the Council are to— (a) approve policies, programmes and strategies of the Institute; (b) oversee the implementation and successful operation of the policy and functions of the Institute; (c) approve the annual budget estimates, financial statements and plans of the Institute; (d) monitor and evaluate the performance of the Institute against budgets and plans; (e) establish and issue guidelines for the purposes of this Act; and (f) establish and approve rules and procedures for the appointment, discipline, termination and terms and conditions of service of the staff of the Institute. (3) Despite subsection (1), the Council may charge fees for services rendered by the Institute.

Section 7Verify source

§ 8Tenure of office for member and vacancyOffence

A member serves for three years and may be re-appointed once for a final three-year term, with some members excluded from this rule.

8. (1) A member shall hold office for a term of three years and may be re-appointed for a further and final term of three years. (2) Sub-section (1) does not apply to a member referred to Tenure of office for member and vacancy under section 6(1)(a), (b) and (g). (3) The office of a member becomes vacant if the member — (a) dies; (b) is adjudged bankrupt; 268 No. 14 of 2023] Judicial Training Institute of Zambia (c) resigns, in writing, on giving one month’s notice to the Chief Justice; (d) is legally disqualified from performing the duties of a member of the Council; (e) is convicted of an offence under any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine; (f) ceases to hold the office by virtue of which the member was appointed; or (g) is absent without the prior approval of the Council, from three consecutive meetings of the Council of which the member has had notice. (4) A member shall, on the expiration of the term for which a member is appointed, continue to hold office until another member is appointed, but in no case shall the further period exceed three months. (5) The Chief Justice shall, where there is a vacancy in the membership of the Council before the expiry of the term of office, appoint another person to replace that member but the person appointed shall only hold office for the remainder of that term.

Section 8Verify source

§ 9Proceedings of CouncilProvision

The Council can regulate its own procedure, but it must follow meeting, notice, quorum, voting, invitation, and minute-keeping rules.

9. (1) Subject to this Act, the Council may regulate its own procedure. (2) The Council shall meet for the transaction of business at least once every three months at a place and time that the Chairperson may determine. (3) Five members shall constitute a quorum at a meeting of the Council. (4) The Chairperson shall, on giving notice of not less than fourteen days, call a meeting of the Council and may, if the urgency of a particular matter does not permit the giving of notice or if one third or more of the members so request, in writing, call a special meeting on giving a shorter notice. (5) There shall preside at a meeting of the Council — (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or Proceedings of Council Judicial Training Institute of Zambia [No. 14 of 2023 269 (c) in the absence of both the Chairperson and the Vice- Chairperson, the most senior serving judge present shall be the Chairperson for the purpose of that meeting. (6) A decision of the Council on any question shall be by a majority of votes of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote. (7) The Council may invite a person whose presence is in the Council’s opinion desirable to attend and participate in the deliberations of the meeting, but that person shall have no vote. (8) The validity of any proceedings, act or decision of the Council shall not be affected by a vacancy in the membership of the Council or any defect in the appointment of a member or by reason that a person not entitled to do so took part in the proceedings. (9) The Council shall cause minutes to be kept of the proceedings of a meeting of the Council and a committee of the Council.

Section 9Verify source

§ 10CommitteesProvision

The Council may create committees, delegate functions to them, appoint committee members, and let committees set their own procedure subject to Council directions.

10. (1) The Council may, for the purposes of performing its functions under this Act, constitute committees that the Council considers necessary and may delegate to those committees any of the Council’s functions. (2) The Council may appoint as members of a committee persons who are or are not members of the Council except that at least one member of the Council shall be a member of the committee. (3) A member of a committee shall hold office for a term as the Council may determine. (4) Subject to any specific or general direction of the Council, a committee may regulate its own procedure.

Section 10Verify source

§ 11AllowancesProvision

The Institute must pay an allowance to a Council or committee member, and the allowance amount is determined by the Emoluments Commission on the Council’s recommendation.

11. The Institute shall pay to a member of the Council or a member of a committee of the Council an allowance that the Emoluments Commission may, on the recommendation of the Council, determine. Committees Allowances 270 No. 14 of 2023] Judicial Training Institute of Zambia Disclosure of interest Registrar, Secretary and other staff

Section 11Verify source

§ 12Disclosure of interestCommencement

People at Council or committee meetings must disclose private interests, and they must not take part in discussion or voting unless the Council or committee directs otherwise.

12. (1) A person who is present at a meeting of the Council or a committee of the Council in which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as practicable after the commencement of the meeting, disclose the interest and shall not, unless the Council or a committee of the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which the disclosure is made. (3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty unit or to imprisonment for a term not exceeding two years, or to both. (1) The Council shall appoint the Registrar who shall

Section 12Verify source

§ 13Registrar, Secretary and other staffProvision

The Council must appoint a Secretary and other necessary staff, while the Emoluments Commission sets their emoluments on the Council’s recommendation.

13. be — (a) the chief executive officer of the Institute; and (b) responsible for the day-to-day administration of the Institute. (2) The Registrar shall attend meetings of the Council or a committee of the Council and may address those meetings, but shall have no vote. (3) The Council shall appoint a Secretary who shall perform the corporate secretarial duties for the Council and other functions that the Council may determine, under the direction of the Council and the Registrar. (4) The Council shall appoint other staff of the Institute that the Council considers necessary for the performance of the Institution’s functions under this Act. the (5) The Emoluments Commission shall, on recommendation of the Council, determine the emoluments of the Registrar, Secretary and other staff of the Institute. (6) The Council shall determine the terms and conditions of service, other than emoluments, of the Registrar, Secretary and other staff of the Institute. Judicial Training Institute of Zambia [No. 14 of 2023 271 PART IV FINANCIAL PROVISIONS

Section 13Verify source

Part

PART IV

§ 14Funds of InstituteProvision

The Institute’s funds come from appropriations, fees, loans, grants, donations, and other monies that vest in or accrue to it. The Institute may accept grants or donations, borrow money, charge fees for its services, and the Council may invest unused funds, subject to stated laws and approvals.

14. may— (1) The funds of the Institute consist of monies that Funds of Institute (a) be appropriated by Parliament for the purposes of the Institute; (b) be paid to the Institute by way of fees, loans, grants or Act No. 15 of 2022 donations; or (c) vest in, or accrue to, the Institute. (2) The Institute may— (a) accept monies by way of grants or donations from any source within the Republic and subject to the approval of the Minister responsible for finance, from any source outside the Republic; (b) subject to the Public Debt Management Act, 2022, raise by way of loans or otherwise, monies that the Institute may require for the discharge of the Institute’s functions; and (c) in accordance with regulations made under this Act, charge and collect fees in respect of programmes, seminars, consultancy services and other services provided by the Institute. (3) There shall be paid from the funds of the Institute— (a) the salaries, allowances, loans, gratuities and pensions, of the staff of the Institute and other payments for the recruitment and retention of staff; (b) reasonable travelling expenses and other allowances for members of the Council and a committee of the Council when engaged in the business of the Institute at rates that the Emoluments Commission may, on the recommendation of the Council, determine; and (c) any other expenses incurred by the Institute in the performance of the Institute’s functions. 272 No. 14 of 2023] Judicial Training Institute of Zambia Act No. 1 of 2018 (5) Subject to the Public Finance Management Act, 2028, the Council may, invest in a manner that the Council considers necessary any of the Institute’s funds that the Institute does not immediately require for the performance of the Institute’s functions. Financial year Accounts

Section 14Verify source

§ 15Financial yearProvision

The Institute’s financial year is 12 months long and ends on 31 December each year.

15. The financial year of the Institute shall be a period of twelve months ending on 31st December in each year.

Section 15Verify source

§ 16AccountsProvision

The Institute must keep proper accounting records, have its accounts audited every year by the Auditor-General or an Auditor-General-appointed independent auditor, and pay the audit fees.

16. (1) The Institute shall cause to be kept proper books of accounts and other records relating to its accounts. Annual Reports (2) The accounts of the Institute shall be audited annually by the Auditor-General or an independent auditor appointed by the Auditor-General. (3) The fees for the Auditor-General or an auditor appointed by the Auditor-General shall be paid by the Institute.

Section 16Verify source

§ 17Annual ReportsProvision

17. (1) The Institute shall, as soon as practicable, but not later than ninety days after the end of the financial year, submit to the Chief Administrator a report concerning the functions and activities of the Institute during the financial year. (2) The report of the Institute shall include information on the financial affairs of the Institute and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income and expenditure; and (c) other information that the Minister may require. (3) The Chief Administrator shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (1), cause the report to be laid before the National Assembly. PART V GENERAL PROVISIONS Immunity

Section 17Verify source

Part

PART V

§ 1819. Prohibition of publication or disclosure of information to unauthorisedProvision

No action or proceedings may be brought against specified Council, committee, or Institute staff members for acts or omissions done in good faith while carrying out powers, functions, or duties under the Act.

18. An action or other proceedings shall not lie or be instituted against a member of the Council, a member of a committee of the Council or a member of staff of the Institute, for or in respect of an act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act. Judicial Training Institute of Zambia [No. 14 of 2023 273

Section 18Verify source

§ 19Prohibition of publication or disclosure of information to unauthorisedOffence

A person must not publish or disclose protected information without written consent from, or on behalf of, the Institute, unless another written law allows it.

19. (1) A person shall not, without the consent in writing given by, or on behalf of, the Institute or as otherwise permitted by any written law, publish or disclose to a person, other than in the course of that person’s duties, the contents of a document, communication or information which relates to, or which has come to the knowledge of that person in the course of that person’s duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine not exceeding two hundred thousand penalty units, or to imprisonment for a term not exceeding two years, or to both. (3) A person who having information which to that person’s knowledge has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

Section 19Verify source

§ 20RegisterProvision

The Registrar must keep a register, enter specified details in it, and allow public inspection during office hours for a fee set by the Council. A person may also ask for certified copies or extracts on payment of a prescribed fee.

20. (1) The Registrar shall keep and maintain a register in which the Registrar shall enter the details and particulars relating to— Register (a) judges, judicial officers and judicial staff registered under the Institute; (b) the holder of certificates awarded by the Institute; and (c) any other information that the Council may determine. (2) The register shall be kept in the custody of the Registrar at the offices of the Institute and shall be open for inspection by members of the public during normal office hours on payment of a fee as the Council may determine. (3) A person may, on payment of a prescribed fee, require a copy of a certificate awarded by the Institute or an extract of any particulars from the register to be certified by the Registrar. (4) Any document purporting to be an extract or copy of an entry in the Register and duly certified to be a true copy or extract under the hand of the Registrar shall be received in evidence and shall be prima facie evidence as to the matters stated therein in any proceedings. 274 No. 14 of 2023 Judicial Training Institute of Zambia Guidelines

Section 20Verify source

§ 21GuidelinesProvision

The Institute may issue guidelines, but it must publish them in the Gazette, a daily newspaper, and any other electronic media it chooses. The guidelines take effect on the date they are published.

21. (1) The Institute may, in the exercise of its functions under this Act, issue guidelines that are necessary for the better carrying out of the provisions of this Act. (2) The Institute shall publish the guidelines referred to under subsection (1) in the Gazette, a daily newspaper of general circulation in the Republic and any other electronic media that the Institute may determine. (3) The guidelines shall take effect on the date of publication. Regulations

Section 21Verify source

§ 22RegulationsProvision

The Chief Justice may, after consulting the Council and by statutory instrument, make Regulations for carrying out this Act.

22. (1) The Chief Justice may, in consultation with the Council, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), Regulations under that subsection may provide for the— (a) manner and form of applications for entry into the Institute and the fees payable; (b) development of the Institute curriculum; (c) preparation, setting and conduct of assessments; and (d) issuance of certificates.

Section 22Verify source

Legislative relationships

4 referenced instruments

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G–M

1 instrument

Institute that the Council considers necessary for the performance of the Institution’s functions under this Act
Section 13

T–Z

3 instruments

Zambia Act
Section 14
Zambia Act, 2023
Section 1
Zambia Cap. 1 Cap. 1 Cap. 1 Cap. 1 Cap. 1 Act
Section 2

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Judicial Training Institute of Zambia Act, 2023

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