Anti-Gender Based Violence (Court) Rules, 2016

3. Interpretation PART II FORM AND COMMENCEMENT OF APPLICATION OR ACTION

4. Commencement of application PART III SERVICE OF PROCESS

4. (1) An application or action shall be commenced in Form I set out in the Schedule. (2) An application shall be completed by the applicant or the applicant’s representative. (3) Where the applicant is — (a) illiterate or for some other good reason unable to complete the application; and Act No. 1 of 2011 Cap. 28 Act No. 1 of 2011 Interpretation Act No. 1 of 2011 Act No. 1 of 201 Act No. 1 of 2011 Act No. 1 of 2011 Act No. 1 of 2011 Act No. 1 of 2011 Act No. 1 of 2011 Act No. 1 of 2011 Act No. 1 of 2011 Commencement of application 178 Statutory Instruments 22nd January, 2016 (b) unable from lack of means or other good cause to instruct a legal representative; the Clerk of court, a police officer, labour inspector, social worker, counsellor, medical practitioner, legal practitioner, nurse, religious leader, traditional leader, teacher, employer or other person or institution with information concerning the commission of an act of gender-based violence may complete the application on behalf of the applicant. (4) The application shall be signed by the applicant or the applicant’s representative and sworn in the presence of a Commissioner for Oaths. (4) Where the applicant is unable to sign the applicant’s name, it shall be sufficient if the applicant affixes the applicant’s mark to the Complaint and Application Form in the presence of a Commissioner for Oaths or other duly authorised person who shall thereupon certify the said mark as being that of the applicant made in the Commissioner for Oaths’ presence. PART III SERVICE OF PROCESS AND PARTIES Service of process Cap. 28

8. Joinder, misjoinder and substitution of parties PART IV PROTECTION ORDERS

5. Subject to these Rules, the Subordinate Courts (Civil Jurisdiction) Rules apply with respect to service of process or any document issued pursuant to these Rules and for which service is required. Notice hearing of

6. The court shall issue a notice of the date, time and place for the hearing of the application to the applicant and the respondent within fourteen days from the date of filing of the application . Extension or abridgement of time

7. (1) The court may on application by a party to the proceedings, extend or abridge the time fixed for filing of documents, giving a notice or taking any other step in the proceedings. An application to extend or abridge the period referred to (2) in subrule (1) must (a) be in writing; (b) state the ground for applying for extension or abridgement; and (c) be made before the expiration of the period fixed or allowed for extension of time. 22nd January, 2016 Statutory Instruments 179 Joinder, misjoinder and non- joinder and substitution of parties Cap. 28

8. (1) Subject to this rule, Order VIII of the Subordinate Court (Civil Jurisdiction) Rules applies to the joinder, misjoinder and non- joinder of parties. (2) Where a party to proceedings has been incorrectly cited, the court may on application by the party concerned correct the error. (3) Where in any proceedings it becomes necessary to substitute a party, that party may apply to the court for an order to substitute that party and the court may make an order or give directions as to the further conduct of the matter. (4)Ajoinder, nonjoinder, misjoinder, or substitution made pursuant to this rule shall not affect any prior steps taken in the proceedings. (5) An application under this rule may be made in writing or orally. PART IV PROTECTION ORDERS Application for protection order

10. Application for leave of court to issue protection order without consent of victim

12. Application for modification or revocation of protection order

13. Application for extension of protection order to other persons Copies of this Statutory Instrument can be obtained from the Government Printer, P.O.Box 30136, 10101 Lusaka Price K60.00 each 176 Statutory Instruments 22nd January, 2016

14. Issue of protection order by court’s own motion

18. Application to discharge protection order PART V PROCEEDINGS OF THE COURT

9. (1) An application for a protection order shall be in Form II set out in the Schedule. (2) Where an applicant is for any reason unable to apply for a protection order personally, any other person with information about the gender-based violence may apply for a protection order on behalf of the victim. (3) Where genderbased violence involves a child or a person with a mental disability, the application shall be made by a next friend. (4) A person who makes an application under subrule (2) shall obtain the victim’s consent in writing, except where the victim— (a) is a child; (b) has a mental disability; (c) is unconscious; or (d) is a person whom the court is satisfied is for any other reason unable to provide consent. (5) The application form for a protection order shall be issued by the Clerk of court who shall sign the application form and endorse the date of issue on it.

10. (1) A person may seek the leave of court to apply for a protection order without the consent of a victim. (2) An application for leave under subrule (1) shall be in Form III set out in the Schedule. Application for leave of court to issue protection order without consent of victim 180 Statutory Instruments 22nd January, 2016 Interim protection order

11. (1) The court shall, where an application is made to the court for a protection order, issue an interim protection order if it considers the order to be in the best interest of the applicant. Application for modification or revocation of protection order Application for extension of protection order to other persons Issue of protection order by court’s own motion Conditions of protection order Act No. 1 of 2011 Occupation order (2) Where a person makes an application for a protection order ex parte, the application shall be in Form IV set out in the Schedule.

12. (1) An applicant or respondent may apply for the modification or revocation of a protection order. (2) An application under subrule (1) shall be in Form V set out in the Schedule.

13. A person may apply for extension of a protection order to a person other than the applicant in Form VI set out in the Schedule.

14. A court before which criminal proceedings in relation to genderbased violence are pending may, on its own motion, considering the circumstances of the case, issue a protection order in respect of the victim.

15. A protection order may include any of the conditions specified in section fifteen of the Act.

16. Where the court, in granting a protection order, considers it expedient to issue an occupation order, the court may order a respondent to vacate the matrimonial home or other home which the respondent shares with the applicant and to continue to make rental, mortgage or other payments that the respondent was paying before the grant of the order and provide reasonable maintenance to the applicant. Duration of o c c u p a t i o n order

17. An occupation order shall not exceed three months in the first instance but may, for good cause shown, be extended, modified or rescinded on application by the applicant or respondent. Application to discharge order

18. An applicant, respondent or person authorised under rule 4, may apply to discharge an order granted under these rules in Form VII set out in the Schedule. PART V PROCEEDINGS OF THE COURT Non- attendance of parties Cap. 28

27. Court order PART VI JUDGMENT, REVIEW AND APPEAL

19. (1) Subject to subrule (2), Order XXXI of the Subordinate Court (Civil Jurisdiction) Rules applies to non-attendance of parties at a hearing of an application under these rules. 22nd January, 2016 Statutory Instruments 181 (2) An application for leave to restore a cause that has been struck out under this rule may be made within fourteen days from the date the cause was struck out.

20. (1) An applicant may withdraw an application at any stage of the proceedings but before judgement. Withdrawal of application (2) An applicant who intends to withdraw the application shall file a notice of withdrawal in writing to the court. (3) The court shall serve a copy of the notice of withdrawal referred to in subrule (2) on the respondent.

21. (1) Where more than one application is filed in court with respect to the same facts, an application to the court for an order that the applications be consolidated may be made. Consolidation of applications (2) The court may consolidate the complaints under sub-rule (1) where the court considers it just to do so.

22. Where during the hearing of an application for a protection order or any application under the Act, the court is of the opinion that the presence of the respondent is likely to have a serious adverse effect on a victim or a witness, the court may take the following special measures— (a) mount a movable screen in the chambers where the matter is being heard so as to separate the respondent from the victim or a witness; (b) where practicable, provide video link facilities; or (c) any other special measure it considers necessary to separate the parties. Special measures by court (1) Evidence before the court may be given orally or by

23. affidavit. Evidence (2) Without restriction on the general powers of the court to provide special measures under rule 22, the court may give directions relating to— (a) issues on which it requires evidence or submissions; and (b) the nature of the evidence or submissions it requires.

24. (1) A party may call an expert to provide expert evidence. (2) The expert shall, unless the court directs otherwise, at least seven days before the hearing, provide in writing or by witness statement a written report to the court which the expert intends to rely upon as the expert’s evidence. Expert witness (3) The Clerk of the court shall serve a witness statement on the other party or parties. 182 Statutory Instruments 22nd January, 2016 (4) The court may request a report on a party and the report shall be prepared and submitted by a social worker, probation officer or other person appointed by the court. Amendment of documents

25. (1) A party to proceedings may apply orally or in writing for an order to amend any document filed into court. (2) The court shall, where it allows a party to amend the document, allow any other party affected by the amendment to file additional documents, consequential to the amendment, within a time period stipulated by the court.

26. (1) Except where these rules otherwise provide, an application for directions of an interlocutory nature in connection with any proceedings shall be made by summons and accompanied by an affidavit in support. (2) An application under this rule may be made ex parte or inter partes. (3) An application granted ex parte shall be heard inter partes within seven days from the date of the grant of the application ex parte. (4) Unless the court gives special leave to the contrary, there shall be at least two clear days between the service of summons and the day named in the notice for hearing the summons. (5) A party who objects to an interlocutory application may within two days after the service, send written notice of the objection to the court. (6) Where an application under this rule is made ex parte, the court may— (a) grant the application pending an inter partes hearing; (b) not grant the application but order that the application be heard inter partes; or (c) refuse to grant the application. (7) A party affected by an ex parte order may, within seven days after service of the order, or within such further time as the court may allow, apply by inter partes summons to the court to vary or discharge the order.

27. (1) Where the parties agree upon the terms of an order to be made by the court, the particulars of the terms agreed upon shall be in writing and signed by the parties, their legal representatives or their agents. Interlocutory applications Consent order 22nd January, 2016 Statutory Instruments 183 (2) The parties shall file the terms agreed upon in the consent order to the court and the court may make an order in accordance with the terms in the absence of the parties. PART VI JUDGMENT, REVIEW AND APPEAL

30. Application for review to be made within seven days

32. Review not to operate as stay of execution

33. Appeals SCHEDULE 22nd January, 2016 Statutory Instruments 177 IN EXERCISE of the powers contained in section forty of the Anti- Gender-Based Violence Act, 2011, the following Rules are made: PART I PRELIMINARY

28. (1) The decision of the court in any matter before the court shall be given in writing and availed to the parties within seven days from the date of the decision. Judgment of court (2) The court may at any time correct any clerical mistake or other accidental slip or omission in a decision or record. (3) The judgment of the court shall be made by the court within twenty-eight days of the conclusion of the hearing of the matter or application.

29. (1) The court may, upon such grounds as it considers sufficient, either on application by a party or of its own motion, review any judgment or decision given by the court except where an appeal shall have been entered by any party, and such appeal is not withdrawn. (2) A court may on review open and rehear the cause or matter wholly or in part and take fresh evidence and reverse, vary or confirm its previous judgment or decision. (3) The court shall not rehear any evidence or take any fresh evidence unless the court has reason to believe that there has been a miscarriage of justice.

30. (1) Any application by a party for review of a judgment or decision shall be made not later than seven days after such judgment or decision. (2) After the expiration of fourteen days, an application for review shall not be admitted except by special leave of the court and on such terms as to the court seem just. Power to review Application for review to be made within seven days

31. (1) The court shall not proceed of its own motion to review any judgment or decision under this rule until it has served notice of its intention to do so on all parties and until all such parties have had an opportunity to appear before it and be heard. Court to notify parties (2) A notice to review shall be served on all the parties concerned within fourteen days after the judgment or decision which the court has decided to review. 184 Statutory Instruments 22nd January, 2016 Review not to operate as stay of execution

32. The application of any party or the decision of the Court to review of its own motion shall not of itself operate as a stay of execution, unless the court so orders, and such order may be made upon such terms as the court may consider necessary. Appeals

33. (1) A person aggrieved by the decision of the court may appeal to the High Court within thirty days from the date on which the decision was made. (2) A notice of appeal shall be in Form VIII set out in the Schedule. (3) An application to appeal out of time shall be made with the Cap. 28 leave of court in accordance with the Subordinate Courts Act. 22nd January, 2016 Statutory Instruments 185 SCHEDULE Form I (Rule 4 (1)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) SWORN APPLICATION FORM

1. These Rules may be cited as the Anti-Gender-Based Title Violence (Court) Rules, 2016.

2. (1) These Rules apply to the civil procedure under the Anti- Application Gender-Based Violence Act, 2011, in the Subordinate Court. (2) The Subordinate Courts (Civil Jurisdiction) Rules apply in the absence of a specific rule regarding any matter to be determined under the Act.

3. (1) In these Rules, unless the context otherwise requires— “ applicant ” has the meaning assigned to it in the Act; “ court ” has the meaning assigned to it in the Act; “ gender-based Violence ” has the meaning assigned to it in the Act; “ gender ” has the meaning assigned to it in the Act; “ interim protection order ” has the meaning assigned to it in the Act; “ occupation order ” means an order made by the court pursuant to section twenty of the Act; “ place of safety ” has the meaning assigned to it in the Act; “ protection order ” has the meaning assigned to it in the Act; and “ respondent ” has the meaning assigned to it in the Act. PART II FORM AND COMMENCEMENT OF APPLICATION OR ACTION

1. PARTICULARS OF APPLICANT (VICTIM) Surname: Other names: Sex : Age: Identity number: Tribe/ethnicity: Marital status: Nationality: Occupation: Home or temporary address: Home/Contact telephone/cell phone number: Work address: Work telephone number: Next of Kin: Contact number for next of Kin:

2. PARTICULARS OF PERSON MAKING APPLICATION ON BEHALF OF THE APPLICANT (If applicable) Surname: Other names: Sex : Age: National Identity number (NRC or Passport): Tribe/ethnicity: Marital status: Nationality: Occupation: Home or temporary address: 186 Statutory Instruments 22nd January, 2016 Home/Contact telephone/cell phone number: Work address: Work telephone number: Capacity in which application made:1

3. PARTICULARS OF PERSON ALLEGED HAVE COMMITTED ACT OF GENDER BASED VIOLENCE [(Hereinafter called the Respondent) in so far as such particulars are available] Surname: Other names: Sex : Age: Identity number: Tribe/ethnicity: Marital status: Nationality: Occupation: Home or temporary address: Home/Contact telephone/cell phone number: Work address: Work telephone number: Relationship to victim: 1Police officer, labour inspector, social worker, counsellor, medical practitioner, legal practitioner, nurse, religious leader, traditional leader, teacher, employer or other person or institution with information concerning the commission of an act of gender based violence Work telephone number: Next of Kin: Contact number for next of Kin:

4. INFORMATION REGARDING ACTS OF GENDER BASED VIOLENCE Give full details of incidents of gender based violence and if the matter has been reported to the Police or any other institution (if so, indicate name of institution). Indicate whether fire-arm or other dangerous weapons were used, what injuries have been sustained and whether medical attention has been obtained. —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— 22nd January, 2016 Statutory Instruments 187

5. OTHER PERSONS AFFECTED BY GENDER BASED VIOLENCE

5.1. Particulars of children and adults sharing the residence or likely to be affected: Name Age Sex Relationship to victim

5.2. How are these persons affected? —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— ——————————————————————————————————————

5.3. Do any of these persons suffer from disabilities? If so, give details: —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— ——————————————————————————————————————

6. RELIEF SOUGHT (State what you want the court to do for you) —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— 188 Statutory Instruments 22nd January, 2016

6.1 PROTECTION ORDER (A) TERMS OF PROTECTION ORDER It is requested that the Respondent must be ordered (tick the appropriate box and complete where necessary. (a) Not to physically assault or use physical force against the applicant or any relation, friend, a legal representative or any other person associated with the Applicant (b) Not to forcibly confine or detain the applicant or any relation or friend of the Applicant (c) Not to deprive the Applicant access to adequate food, water, clothing, shelter or rest (d) Not to force the Applicant engage in any sexual contact whether married or not (e) Not to engage in any sexual conduct that abuses, humiliates, or degrades the complaint or otherwise violates the applicants integrity, whether married or not (f) Not to deprive or threaten to deprive the applicant or – i. Economic or financial resources to which the applicant is entitled by law including house mortgage repayments or rent payments or any other payment and; ii. Household chattels required by the applicant as a result of necessity (g) Not to contact the Applicant at work or other places frequented by the applicant (h) Not to contact the Applicant by telephone or any other form of communication (i) Not to dispose off, or threaten to dispose off movable or immovable property in which the applicant has an interest (j) Not to destroy or damage or threaten to destroy or damage property in which the Applicant has an interest (k) Not to hide or hinder the use of property in which the applicant has an interest (l) Not to threaten abuse to the Applicant (m) Not to harass the Applicant (n) Not to enter the Applicant’s residence without concert where the parties do not share the same residence (o) Not to emotionally, verbally or psychologically abuse the Applicant (p) Not to come within 100 meters of the Applicant (q) Not to enlist the assistance of another person to commit an act of gender based violence; or (r) Not to do any act which the court considers not in the best interest of the application (s) Any other: (B) ADDITIONAL CONDITIONS It is requested that the court must also order2 that (mark appropriate box where necessary): (a) (b) (c) (d) The Respondent must be of good behaviour The Respondent should seek counselling or other rehabilitated service Forbid the Respondent to be, except under conditions specified in the order, at or near places frequented by the applicant or by any child or other person in the care of the applicant The Respondent should surrender any fire-arm or other specified weapon in the possession of the Respondent to the Police, which may also include, if appropriate— 22nd January, 2016 Statutory Instruments 189 i. A provision suspending any fire-arm license in the name of the Respondent for the duration of the protection order ii. A provision authorizing the police to search for and seize any weapon at any specified place where there is probable cause to believe that the weapon may be located (e) A provision restraining the applicant or respondent or both, from taking, converting, damaging, or otherwise dealing in property in which the other party may have an interest or a reasonable expectation of use (f) A provision temporarily directing the Respondent to make periodic payment in respect of the maintenance of the applicant and of any child of the applicant, if the respondent is legally liable to support the Applicant or the child, as any emergency measure where no such maintenance order is already in force, together with other such emergency monetary relief as is appropriate. (g) A provision granting temporary sole custody i. Of a child of the applicant to any appropriate custodian other than the respondent; or ii. Of any child of the Applicant or any child in the care of the applicant or to another appropriate custodian if the court is satisfied that that is necessary for the safety of the child in question (h) A provision temporarily if the court is satisfied that that it reasonably necessary for the safety of the child in question: i. Forbidding contact between the Respondent and any child of the Applicant ii. Specifying that contact between the Respondent and the child of the Applicant must take place only in the presence and under the supervision of a social worker or a family member designated by the court for that purpose; or iii. Allowing such contact only under specified conditions designated to ensure that safety of the Applicant, Any child who may be affected, and any other family members (i) A provision ordering the relocation of the applicant to a shelter to be provided by the Minister responsible for social welfare or other place of safety and compelling the Respondent to pay rent for the period the Applicant resides in other place of safety if the court is satisfied that that is reasonably necessary for such the safety of the Applicant or any child or person in the care of the Applicant (j) Any other provisions that the court considers necessary to ensure the safety of the Applicant or any child or other person who is affected 2The Court may also make the order on its own motion 190 Statutory Instruments 22nd January, 2016 (C) WHERE PROTECTION ORDER RELATES TO PROPERTY IN WHICH APPLICANT HAS INTEREST Property Description Nature of Interest Address where property is kept

6.2 OCCUPATION ORDER TERMS OF OCCUPATION ORDER It is requested that the Respondent must be ordered (tick appropriate box) (a) To vacate the matrimonial home or other home which the Respondent shares with the Applicant and i. Continue to pay rent ii. Mortgage payment and iii. Maintenance to the Applicant

7. I depose to the facts stated above verily believing them to be true and correct to the best of my knowledge and information. *SWORN/*AFFIRMED by the said..................................) At ..............................this........................) __________________ Day of ....................................................) Before me:..................................................... Commissioner for Oaths *Delete as applicable 22nd January, 2016 Statutory Instruments 191 Form II (Rule 9(1)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) SUMMONS FOR PROTECTION ORDER LET ALL PARTIES concerned attend before the Honourable Mr. / Ms. __________________________on ________day of ___________ 20__________at __________ hours on the hearing of an application to issue a Protection Order against the Respondent(s)for reasons specified in the accompanying Complaint Form filed herewith. /Mrs. Dated at ____________on the _____ day of ________________ 20 ____________ Taken out by _________________________________ (Applicant) (Indicate address for service) To :__________________________________________ (Respondent) (Indicate address) LET THE ABOVE NAMED Respondent(s)/and or Associate Respondent(s) within 14 days after service of this Application upon them, inclusive of the day of such service, cause a response to be entered for them to this Application. ________________________ Magistrate 192 Statutory Instruments 22nd January, 2016 ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ____________________________on the____ day of ______________ 20 _________ at _______________________________ (place) *This Application has not been served because —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— Date _____________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ Signature_______________________ Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate 22nd January, 2016 Statutory Instruments 193 Form III (Rule 10 (2)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) SUMMONS FOR LEAVE TO ISSUE PROTECTION ORDER WITHOUT CONSENT OF THE VICTIM LET THE PARTY concerned attend the Honourable Mr./Mrs./Ms. __________________________on the ________day of ___________ 20__________at __________ hours on the hearing of an application for leave to issue a Protection Order against the Respondent(s) without consent of the victim for reasons specified in the accompanying affidavit filed herewith. before Dated at ____________on the _____ day of ________________ 20 ____________ Taken out by ______________________________ (Applicant) (Indicate address for service) To :_________________________________________ (Respondent) (Indicate address) LET THE ABOVE NAMED Respondent(s)/and or Associate Respondent(s) within 14 days after service of this Application upon them, inclusive of the day of such service, cause a response to be entered for them to this Application. ________________________ Magistrate 194 Statutory Instruments 22nd January, 2016 ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ____________________________on the____ day of ______________ 20 _____ at _______________________________ (place) *This Application has not been served because —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— ——————————————————— Date _______________________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ ___________________ Signature Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate Dated at ____________on the _____day of _______(year) 22nd January, 2016 Statutory Instruments 195 Form IV (Rule 11 (2)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) EX PARTE SUMMONS FOR INTERIM PROTECTION ORDER LET THE PARTY concerned attend before the Honourable Mr./Mrs./Ms. __________________ on the ……………………. Day of ……………….. 20 …… at …………………… hours on the hearing of an application for an interim protection order against the Respondent for reasons specified in the accompanying affidavit filed herewith. Dated at ____________on the _____ day of ________________ 20 ____________ Taken out by ____________________________ (Applicant) (Indicate address for service) To :__________________________ (Respondent) (Indicate address) ________________________ Magistrate ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ____________________________ on the____ day of ______________ 20 _____ at _______________________________ (place) 196 Statutory Instruments 22nd January, 2016 *This Application has not been served because —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— Date _____________________ ________________________________________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ Signature Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate 22nd January, 2016 Statutory Instruments 197 Form V (Rule 12 (2)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) SUMMONS FOR REVOCATION OR MODIFICATION OF PROTECTION ORDER LET ALL PARTIES concerned attend before the Honourable Mr./Mrs./Ms. __________________________on ________day of ___________ 20__________at __________ hours on the hearing of an application by the ________________ (state whether Applicant or Respondent) for (state whether cancellation or modification) of Protection Order. Dated at ____________on the _____ day of ________________ 20 ____________ Taken out by _______________________________ (Applicant) (Indicate address for service) To: ________________________________________ (Respondent) (Indicate address) ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ______________ on the__________________ day of ________________________ 20 _____ at ___________ (place) *This Application has not been served because ______________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date _____________________ 198 Statutory Instruments 22nd January, 2016 ________________________________________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ ___________________ Signature Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate 22nd January, 2016 Statutory Instruments 199 Form VI (Rule 13) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) SUMMONS FOR EXTENSION OF PROTECTION ORDER TO OTHER PERSON LET ALL PARTIES concerned attend before the Honourable Mr./Mrs./Ms. __________________________on ________day of ___________ 20__________at __________ hours on the hearing of an application by the ________________ (state whether Applicant or Respondent) for (extension of protection order to _____________________ for the reasons specified in the accompanying affidavit. Dated at ____________on the _____ day of ________________ 20 ____________ Taken out by __________________________________ (Applicant) (Indicate address for service) To: ______________________________________ (Respondent) (Indicate address) ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ______________ on the__________________ day of ________________________ 20 _____ at ___________ (place) 200 Statutory Instruments 22nd January, 2016 *This Application has not been served because ——————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— Date _____________________ ________________________________________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ ___________________ Signature Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate 22nd January, 2016 Statutory Instruments 201 Form VII (Rule 18) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 SUMMONS TO DISCHARGE PROTECTION ORDER LET ALL PARTIES concerned attend before the Honourable Mr./Mrs./Ms. __________________________on the________ day of ___________ 20__________at __________ hours on the hearing of an application to discharge Protection Order by the ______________ (specify whether applicant, Respondent or person specified in the Protection order) for reasons specified in the accompanying Affidavit. Dated at _______________________on the _____ day of ____________20____ Taken out by ________________________________ (Applicant) (Indicate address for service) To: ________________________________________________ (Respondent) (Indicate address) ENDORSEMENT OF SERVICE OR NON-SERVICE (ON DUPLICATE) *The original of this Application was served by me on the said ____________________________on the____ day of ______________ 20 _____ at————————————————————————————————————— (place) *This Application has not been served because —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— Date _____________________ 202 Statutory Instruments 22nd January, 2016 ________________________________________________ Signature of person required to serve Application (ON SUBSEQUENT SERVICE) * Delete item not applicable. (See Reverse for Other Endorsements) [On reverse] ENDORSEMENTS If Respondent is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ______________________________________ ___________________ Signature Endorsement by officer within whose area of jurisdiction Application is to be served. Date Stamp Endorsed: __________________________________ ________________________ Magistrate Dated at ____________on the _____day of _______(year) 22nd January, 2016 Statutory Instruments 203 Form VIII (Rule 33 (2)) REPUBLIC OF ZAMBIA Anti-Gender-Based Violence Act, 2011 Anti-Gender-Based Violence (Gender Based Violence) Court Rules, 2016 (General Title) NOTICE OFAPPEAL Between A.B., Applicant and C.D., Respondent To the Registrar of the High Court TAKE NOTICE that the named Appellant hereby appeals to the High Court on the following grounds. GROUNDS OF APPEAL (state grounds of appeal below) —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— —————————————————————————————————————— Dated at ______________________on the _____ day of ____________20________________ Taken out by __________________________________ (Appellant) (Indicate address for service) To: __________________________ (Respondent) (Indicate address) JUSTICE I. C. MAMBILIMA, Chief Justice LUSAKA 20TH JANUARY , 2016 [ MGCD. 74/2/1] 204 Statutory Instruments 22nd January, 2016