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Zambia Statutory instrument

Zambia legislation

Energy Regulation (Appeals Tribunal) Rules, 2023

This is a section heading for “Secretary Interpretation” in Part II on appeals process and procedures. This section concerns determining an appeal based on the documents lodged. This section is ti…

address informationaddressingadjournmentsadministrative formsappeal decisionsappeal processappeal processingappealsappeals administrationappeals procedurecontact detailscontact informationcostscourt filing feescourt filingscourt procedurecourt/tribunal costsdismissaldispute resolutiondocument amendmentdocument productiondocument servicedocument submissionelectronic hearingsenergy regulationevidencefeesfiling and formsfiling requirementshearing attendancehearing managementhearing procedurehearing processhearingsinformation requestsinterlocutory applicationslitigationlitigation procedurelodgement requirementsnotice requirementsparty notificationsprocedural rulesprocedureproperty inspectionrecords managementregulatory appealsrestoration of mattersrulemakingschedule of chargessearch formsearch requestsservice addressservice of documentsservice of noticessummonsTax lawtime extensionstranslationtribunal administrationtribunal formstribunal proceduretribunal proceedingstribunal summonswithdrawalwithdrawal of proceedingswitness statements
Jurisdiction
Zambia
Structure
82 provisions
Citation
SI 5 of 2023
Dates
Source version 24 Feb 2023
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Dates
Source version 24 Feb 2023

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01

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“This is a section heading for “Secretary Interpretation” in Part II on appeals process and procedures.”

This is a section heading for “Secretary Interpretation” in Part II on appeals process and procedures. This section concerns determining an appeal based on the documents lodged. This section is titled “Notice to produce document or other information.” This section concerns summoning persons before the Tribunal. Section heading for appeals to the High Court; the text also notes that copies of the Statutory Instrument can be obtained from the Government Printer for K 56.00 each.

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Secretary

This is a section heading for “Secretary Interpretation” in Part II on appeals process and procedures.

Section 3

Section 13

The Tribunal may strike out or dismiss a matter when the appellant does not attend hearings, but an appellant can apply within 14 days to have a struck-out matter restored.

Section 13

Section 34

If parties agree on the terms of an order, those terms must be written down, signed, and sent to the Secretary; the Tribunal may then make the order in the parties’ absence.

Section 34

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This text appears to be a heading or signature line, not a substantive rule.

Section 166

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Source record from zambialii.org · Source version 24 Feb 2023

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Showing 82 of 82 provisions

Provision 78Interpretation 2AmendmentSubstitution
§ 3SecretaryInterpretation

This is a section heading for “Secretary Interpretation” in Part II on appeals process and procedures.

3. Secretary Interpretation PART II APPEALS PROCESS AND PROCEDURES
Section 3Verify source

Part

PART II

§ 14Determination of appeal on documents lodgedProvision

This section concerns determining an appeal based on the documents lodged.

14. Determination of appeal on documents lodged
Section 14Verify source
§ 16Notice to produce document or other informationProvision

This section is titled “Notice to produce document or other information.”

16. Notice to produce document or other information
Section 16Verify source
§ 20Summoning of persons before TribunalProvision

This section concerns summoning persons before the Tribunal.

20. Summoning of persons before Tribunal
Section 20Verify source
§ 25Appeals to High CourtProvision

Section heading for appeals to the High Court; the text also notes that copies of the Statutory Instrument can be obtained from the Government Printer for K 56.00 each.

25. Appeals to High Court Interlocutory applications Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K 56.00 each. 30 Statutory Instruments 30th December, 2022 PART III GENERAL PROVISIONS
Section 25Verify source
§ 4Proceedings under these Rules shall be titled as set out inProvision

Proceedings under these Rules must use the title format set out in Form I of the First Schedule.

4. Proceedings under these Rules shall be titled as set out in Form I of the First Schedule.
Section 4Verify source
§ 5Section 5Provision

A person aggrieved by a decision of the Energy Regulation Board may appeal to the Minister by filing a notice of appeal and paying the required fee.

5. (1) A person aggrieved with a decision of the Energy Regulation Board may appeal to the Minister by lodging a notice of appeal in Form II set out in the First Schedule on payment of a fee set out in the Second Schedule. (2) A notice of appeal referred to in subrule (1) shall be accompanied by— (a) the decision appealed against; (b) a statement of facts, setting out the appellant=s grounds of appeals, based on facts and the law, and the relief being sought; and (c) any other information which the Minister may require. (3) The Minister shall cause a notice of appeal lodged under this rule to be acknowledged as received by stamping all copies of the notice of appeal with the Minister=s official stamp, and a copy of the notice of appeal shall be returned to the appellant. (4) The Minister shall, within three days of receipt of a notice of appeal under this rule, cause the notice of appeal together with the accompanying documents, to be submitted to the Secretary. (5) The Secretary shall, within two days of receipt of a notice of appeal from the Minister under subrule (4)— (a) submit the notice of appeal, together with the accompanying documents, to the Chairperson; and (b) serve the notice of appeal , together with the accompanying documents, on the Energy Regulation Board. Request for additional information
Section 5Verify source
§ 6Section 6Provision

After a notice of appeal, the Chairperson may require the appellant to give the Secretary a written statement with extra information, and the Secretary must send a copy to the Energy Regulation Board.

6. (1) The Chairperson may, at any time after receipt of a notice of appeal, order the appellant to furnish the Secretary with a statement, in writing, setting out additional information— (a) relating to the grounds on which the appellant intends to rely; and (b) which the Chairperson considers necessary for the proper determination of the matter. 24th February, 2022 Statutory Instruments 33 Answer and reply Scheduling conference (2) The additional information referred to in subrule (1) shall be furnished within a period as the Chairperson may direct, but not exceeding fourteen days. (3) The Secretary shall, on receipt of the statement referred to in subrule (1), submit a copy of the statement to the Energy Regulation Board.
Section 6Verify source
§ 7The Energy Regulation Board shall, where the EnergyProvision

If the Energy Regulation Board wants to oppose an appeal, it must file an answer with the Secretary within 14 days, include a statement of facts, and pay the set fee. The Secretary must serve the answer on the appellant within 2 days, and the appellant may reply within 7 days after service.

7. The Energy Regulation Board shall, where the Energy Regulation Board intends to oppose an appeal, within fourteen days of being served with the notice of appeal, and the accompanying documents, file with the Secretary an answer in Form III set out in the First Schedule on payment of a fee set out in the Second Schedule. (2) An answer filed under subrule (1) shall be accompanied by a statement of facts, setting out the grounds on which the Energy Regulation Board intends to rely on in opposing the appeal. (3) The Secretary shall, within two days of receipt of the answer under subrule (1), serve the answer on the appellant. (4) An appellant may, within seven days of being served with an answer under this rule, file a reply with the Secretary.
Section 7Verify source

Part

PART III

§ 33Proceedings to be judicial proceedingsProvision

Proceedings under this section are judicial proceedings.

33. Proceedings to be judicial proceedings
Section 33Verify source
§ 36Correction of clerical errors, accidental slips or omissionsProvision

Section 36 concerns correction of clerical errors, accidental slips, or omissions.

36. Correction of clerical errors, accidental slips or omissions
Section 36Verify source
§ 43Non-compliance with rulesProvision

This section says the Rules are made under powers in section 42 of the Energy Regulation Act, 2019.

43. Non-compliance with rules SCHEDULES 24th February, 2022 Statutory Instruments 31 IN EXERCISE of the powers contained in section 42 of the Energy Regulation Act, 2019, the following Rules are made: PART I PRELIMINARY
Section 43Verify source

Part

PART I

§ 1Section 1Provision

These Rules may be cited as the Energy Regulation Title (Appeals Tribunal) Rules, 2023.

1. These Rules may be cited as the Energy Regulation Title (Appeals Tribunal) Rules, 2023.
Section 1Verify source
§ 2In these Rules, unless the context otherwise requiresInterpretation

This section defines several terms used in the Rules, unless the context requires otherwise.

2. In these Rules, unless the context otherwise requires— Interpretation “appellant” means a person who appeals to the Minister against a decision of the Energy Regulation Board in accordance with section 34 of the Act; “Chairperson” means the person appointed as Chairperson of the Tribunal under section 35 of the Act; “Emoluments Commission” means the Emoluments Commission established under the Constitution; Cap.1 “Energy Regulation Board” has the meaning assigned to the words in the Act; “legal practitioner” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act; “Secretary means the person designated as Secretary under Cap. 30 rule 3; and Secretary “Tribunal” means an ad hoc appeals tribunal appointed and
Section 2Verify source
§ 3Section 3Provision

The permanent secretary must appoint a public officer as Secretary of the Tribunal, and the Secretary must handle appeal administration and related tribunal records and notices.

3. convened in accordance with section 35 of the Act. (1) The permanent secretary within the ministry responsible for energy shall designate a public officer from within the ministry responsible for energy to serve as Secretary of the Tribunal. (2) Subject to subrule (1), a person shall be designated as Secretary if the person holds a position of assistant director or higher than assistant director. (3) Subject to section 37 of the Act, the Secretary shall— (a) receive, register and assign a reference number to each appeal; (b) keep and maintain a register of appeals; (c) issue and serve notices of hearing; (d) ensure that notices, summons, or other documents are served on appropriate persons before a hearing by the Tribunal; (e) receive correspondence or documents on behalf of the Tribunal; 32 Statutory Instruments 24th February, 2023 General title of proceeding Notice of appeal (f) keep and maintain a record of proceedings before the Tribunal; and (g) perform any other function specified in the Act or these Rules, as may be directed by the Chairperson. PART II APPEALS PROCESS AND PROCEDURE
Section 3Verify source

Part

Schedule.

§ 8Section 8Provision

The Chairperson must call a scheduling conference within 14 days after the reply-filing period ends, give directions, and set a hearing date; the Chairperson may dismiss the appeal if the parties miss two consecutive scheduling conferences without justifiable cause.

8. (1) The Chairperson shall, within fourteen days of the expiry of the period for filing a reply under rule 7, summon the parties to a scheduling conference by notice in Form IV set out in the First Schedule. (2) At the scheduling conference, the Chairperson shall— (a) direct the parties to indicate— (i) the number of witnesses each party intends to call; and (ii) an estimate of the amount of time the hearing shall take; (b) issue directions regarding— (i) the filing of witness statements and lists of authorities; and (ii) any other procedural step to be taken by each party prior to the hearing; and (c) subject to rule 8(3), set a date for hearing the appeal. (3) The Chairperson may dismiss an appeal if the parties do not attend a scheduling conference on two consecutive occasions without justifiable cause.
Section 8Verify source
§ 9Section 9Provision

Parties must follow scheduling-conference directions at least 14 days before an appeal hearing. The Chairperson may call a status conference and may make appropriate orders, including costs, if a party has not complied.

9. (1) The parties shall, at least fourteen days before the date set for the hearing of an appeal, comply with the directions issued at the scheduling conference. Status conference 34 Statutory Instruments 24th February, 2023 Notice of hearing Sittings of Tribunal Hearing (2) The Chairperson may summon the parties to a status conference for purposes of establishing the parties’ compliance with the directions issued at the scheduling conference. (3) The Chairperson may, where a party has not complied with directions issued at the scheduling conference, make an order which the Chairperson considers appropriate, including an order for costs against that party.
Section 9Verify source
§ 10The Secretary shall, after the scheduling conference andProvision

The Secretary must issue a notice of hearing in Form V after the scheduling conference and after consulting the Chairperson.

10. The Secretary shall, after the scheduling conference and in consultation with the Chairperson, issue a notice of hearing in Form V set out in the First Schedule.
Section 10Verify source
§ 11The Tribunal shall sit and hear matters at a place, time andProvision

The Tribunal must sit and hear matters at a place, time, and manner set by the Chairperson, after consulting the members.

11. The Tribunal shall sit and hear matters at a place, time and in a manner determined by the Chairperson, in consultation with the members.
Section 11Verify source
§ 12Section 12Provision

The Tribunal controls its own procedure, keeps a record of proceedings, and applies special hearing rules for evidence, public hearings, and appeals.

12. (1) Subject to the Act and these Rules, the Tribunal shall regulate its own procedure and cause to be kept a record of its proceedings. (2) A sitting of the Tribunal shall be presided over by— (a) the Chairperson; or (b) in the absence of the Chairperson, a member elected by the members from among themselves. (3) Proceedings before the Tribunal shall be held in public unless, on an application by a party, the Tribunal directs that the proceedings or part of the proceedings be held in camera on conditions that the Tribunal may determine. (4) The validity of a process, proceeding, act or decision of the Tribunal shall not be affected by - (a) a vacancy in the membership of the Tribunal; (b) a defect in the appointment of a member; or (c) reason that a person not entitled to do so took part in the process, proceeding, act or decision. (5) At the hearing of a matter the— (a) appellant shall present evidence in support of the appellant’s case; (b) the Energy Regulation Board may present evidence to rebut the evidence of the appellant; and (c) the appellant may present evidence in reply to the evidence presented by the Energy Regulation Board. (6) At the conclusion of the hearing, the parties may make oral or written submissions within a period as the Tribunal, the Chairperson or the person presiding may direct. 24th February, 2022 Statutory Instruments 35 (7) The Tribunal may, where on the hearing of an appeal the appellant intends to introduce a ground of appeal which was not specified in the notice of appeal and the omission of that ground from the notice was, in the opinion of the Tribunal, not wilful or unreasonable, allow the appellant to introduce that ground. (8) The Tribunal shall, where the Tribunal allows an appellant to introduce a new ground of appeal under subrule (7), give the Energy Regulation Board an opportunity to respond to the new ground. (9) Except as specified in these Rules, the law relating to admissibility of evidence and procedures of a court shall not apply to proceedings before the Tribunal. (10) The standard of proof required to determine a question or issue before the Tribunal shall be that applicable to civil proceedings in a Court.
Section 12Verify source
§ 13Section 13Provision

The Tribunal may strike out or dismiss a matter when the appellant does not attend hearings, but an appellant can apply within 14 days to have a struck-out matter restored.

13. (1) A matter may be struck out if the appellant, the appellant’s legal practitioner or other representative of the appellant does not attend a hearing of the matter. (2) An appellant may, within fourteen days of a matter being struck out, apply to have the matter restored, failing which the Tribunal may dismiss the matter. (3) The Tribunal may, after hearing an application under subrule (2), order that the matter be restored. (4) The Tribunal may dismiss a matter if the (a) appellant does not attend a hearing on two consecutive dates of hearing; or (b) matter is restored under subrule (3) and the appellant does not attend the next hearing. (5) Subject to rule 17, the Tribunal may hear or adjourn a matter on terms that the Tribunal considers necessary if the appellant attends the hearing but the Energy Regulation Board, despite having been notified of the hearing, does not attend.
Section 13Verify source
§ 14Despite rule 13, a party may, at least seven days beforeProvision

A party may apply at least seven days before an appeal hearing for the Tribunal to hear the appeal without the parties attending and decide it based on the lodged documents.

14. Despite rule 13, a party may, at least seven days before the date of hearing of an appeal, apply to the Tribunal to dispense with the attendance of the parties at the hearing, and for the Tribunal to determine the appeal on the basis of the documents lodged by the parties.
Section 14Verify source
§ 15Section 15Provision

A party may ask the Tribunal for an electronic hearing at least 7 days before the hearing, using Form VI and paying the prescribed fee. If the Tribunal grants the request, it must give directions on the hearing’s time and mode.

15. (1) A party may, at least seven days before the date of hearing, apply to the Tribunal to hold the hearing by electronic means in Form VI set out in the First Schedule on payment of a fee set out in the Second Schedule. Non attendance at hearing Determination of appeal on documents lodged Electronic hearings 36 Statutory Instruments 24th February, 2023 Notice to produce document or other information (2) The Tribunal shall, where the Tribunal grants an application under subrule (1), give directions relating to the time and mode of the hearing.
Section 15Verify source
§ 16Section 16Provision

A party may file a notice to produce documents or other information relating to an appeal before or during the hearing, and the filing party must serve the notice on the other party within five days.

16. (1) A party may, at any time before or during the hearing of an appeal, file a notice to produce a document or other information relating to the appeal which is in the possession of the other party. (2) A party that files a notice referred to under subrule (1) shall serve the notice on the other party within five days of filing that notice. (3) A notice to produce a document or other information shall be in Form VII set out in the First Schedule. Adjournments
Section 16Verify source
§ 17Section 17Provision

The Tribunal may adjourn a hearing, but only under the stated conditions, and the Secretary must tell the parties the new hearing date if that happens.

17. (1) Subject to subrule (2), the Tribunal may, on an application by a party or at the instance of the Tribunal, adjourn a hearing on terms that the Tribunal considers just. (2) An application for an adjournment shall not be granted except in compelling and exceptional circumstances. (3) The Secretary shall, where the Tribunal adjourns a hearing, notify the parties of the new date of hearing in Form V set out in the First Schedule. Interlocutory applications (1) An interlocutory application shall be made to the
Section 17Verify source
§ 18Section 18Provision

This rule sets how a party files, opposes, serves, and withdraws an interlocutory application, and what the Tribunal may do with it.

18. Tribunal. (2) A party shall, where a party intends to make an interlocutory application, file with the Secretary summons in Form VIII set out in the Schedule and an affidavit in support of the interlocutory application in Form IX set out in the First Schedule, on payment of a fee set out in the Second Schedule. (3) A party may, within five days of being served with an interlocutory application, oppose the application by lodging an affidavit in opposition on payment of a fee set out in the Second Schedule. (4) The Secretary shall, within five days of lodging an interlocutory application or an affidavit in opposition by a party under this rule, serve the application or the affidavit in opposition on the other party. (5) The Tribunal may, where an application is made under this rule— (a) dismiss the application if the Tribunal is of the opinion that the application is frivolous or vexatious; (b) set a date for hearing the parties on the application; or 24th February, 2022 Statutory Instruments 37 (c) make an order granting the application and set a date for hearing the parties on the application, after which hearing the Tribunal may confirm, vary or discharge the order. (6) A party that intends to withdraw an interlocutory application made under this rule may file a notice of withdrawal of proceedings in Form X set out in the Schedule— (a) at anytime before the hearing of the application; or (b) during the hearing of the application, with the consent of the Tribunal.
Section 18Verify source
§ 19Section 19Amendment

A party may ask the Tribunal to let it amend a filed document, and if the request is granted the party must file and serve the amended document within 7 days. A party affected by the amendment may also amend and file its relevant documents within 7 days after being served.

19. (1) A party may, at any stage of the proceedings and prior to the determination of an appeal or an application, apply to the Tribunal for an order to amend a document filed by that party. Amendment of documents (2) A party granted an application made under subrule (1) shall, within seven days from the date of receipt of the order, file and serve the amended document on the other party. (3) A party affected by an amendment made under this rule may, within seven days of being served with the amended document— (a) amend and file that party’s relevant documents; (b) serve the documents referred to under paragraph (a) on the other party.
Section 19Verify source
§ 20(1) The Tribunal may, at any stage of the proceedings, byProvision

The Tribunal may summon a person to attend, give evidence, or produce documents or other things, and a summoned witness must continue to attend if the proceedings are adjourned.

20. (1) The Tribunal may, at any stage of the proceedings, by summons in Form XI set out in the First Schedule, direct a person to— (a) attend before the Tribunal in respect of the matter before the Tribunal, at the time and place specified in the summons; (b) give evidence in the proceedings; or (c) produce a document or other thing in that person’s possession or control as specified in the summons. (2) The obligation on a witness summoned in accordance with subrule (1) to attend proceedings extends to any time and place to which the proceedings are adjourned to. (3) A summons for the attendance of a witness or for the production of a document or other thing shall be signed by the Chairperson and served in the same manner as a subpoena for the attendance of a witness in a civil matter before a court.
Section 20Verify source
§ 21Section 21Provision

The Tribunal may accept different kinds of evidence, including written statements and oral evidence by audiovisual or other means, and it may take judicial notice of facts. A person summoned to give evidence gets the same privileges and immunities as a witness in civil court proceedings.

21. (1) The Tribunal may receive a witness statement, document or other thing as evidence which, in the opinion of the Tribunal, may assist in effectively determining a matter before the Tribunal. Summoning of persons before Tribunal Evidence 38 Statutory Instruments 24th February, 2023 (2) The Tribunal may receive oral evidence from a witness within, or outside, the Republic through— (a) audiovisual technology and that evidence shall be recorded in the same manner as if the witness were physically present at the hearing; or (b) any other means as may be determined by the Tribunal. (3) The Tribunal may take judicial notice of a fact. (4) A person summoned to give evidence is entitled to the same privileges and immunities as those enjoyed by a person called or summoned to give evidence in civil proceedings before a court. Witness statement
Section 21Verify source
§ 22Section 22Provision

A witness statement must include the maker’s name, address or work details, occupation, relevant facts, document references, a truth statement, signature, and be in clear narrative form.

22. (1) A witness statement shall— (a) be expressed by, stating— (i) the full name of the person making the statement; (ii) place of residence of the person making the statement or, if made in a professional, business or other occupational capacity, the position of that person, the address of the place of business and the name of the firm or employer; and (iii) the occupation or description of occupation of the person making the statement; (b) be written in clear narrative form; contain all the facts relevant to the (c) matter for determination by the Tribunal; (d) make reference to the documents relied on by the person making the statement; (e) state that the contents of the witness statement are true to the best of the knowledge and belief of the person making that witness statement; (f) be treated, on production, as the evidence in chief of the person by whom the statement is made, who shall be amenable to cross-examination; and (g) be signed by the person making the statement. (2) Dates, sums or other numbers in a witness statement shall be expressed in figures and not words. (3) A witness statement under this rule shall not be required to Cap. 75 be authenticated under the Authentication of Documents Act. Assessors and experts
Section 22Verify source
§ 23Section 23Provision

An assessor or expert appointed by the Tribunal must be suitably qualified to give relevant expert information or advice for deciding an appeal, and the Emoluments Commission determines the allowance for that assessor or expert.

23. (1) An assessor or expert appointed by the Tribunal shall be suitably qualified to provide the Tribunal with expert information or advice relevant in assisting the Tribunal to determine an appeal. 24th February, 2022 Statutory Instruments 39 (2) An assessor or expert referred to in subrule (1) shall be paid an allowance as determined by the Emoluments Commission. (1) A decision of the Tribunal may be delivered by a
Section 23Verify source
§ 24Section 24Substitution

The Tribunal may decide appeals in several ways, must issue its decision within 14 days after the hearing ends, and the Secretary must serve the decision on the parties and affected persons.

24. member who presided over the proceedings. Decision of Tribunal (2) The Tribunal may dispose of an appeal by— (a) confirming, varying or setting aside a decision of the Energy Regulation Board and substituting that decision with one which the Tribunal considers appropriate; (b) remitting the matter which is the subject of the appeal to the Energy Regulation Board with directions which the Tribunal considers appropriate; or (c) making any other order which the Tribunal considers appropriate. (3) Where the Tribunal varies or substitutes a decision of the Energy Regulation Board in accordance with subrule (2), the decision as varied or substituted shall be the decision of the Minister made on appeal. (4) The Tribunal shall deliver its decision within fourteen days of the conclusion of the hearing of an appeal. (5) A decision or order of the Tribunal shall be signed by the members who sat to hear the matter. (6) The Secretary shall communicate a decision of the Tribunal by serving a copy of the decision on each party to the proceedings and on every person affected by the decision. (7) A decision of the Tribunal shall be enforced as if it were a decision of a court.
Section 24Verify source
§ 25An appeal to the High Court against a decision of theProvision

An appeal to the High Court against a Tribunal decision must follow the High Court’s applicable procedure rules.

25. An appeal to the High Court against a decision of the Tribunal shall be instituted in accordance with the rules of procedure applicable to the High Court. Appeals to High Court PART IV GENERAL PROVISIONS
Section 25Verify source

Part

PART IV

§ 26Section 26Provision

The Tribunal must exercise its jurisdiction on practice and procedure in line with the Act, these Rules, or other written laws.

26. (1) The jurisdiction vested in the Tribunal shall, as regards practice and procedure, be exercised in accordance with the Act, these Rules or other written laws. Practice and procedure (2) The practice and procedure applicable in the High Court shall apply, with the necessary modifications, where the Act, these Rules or other written laws do not provide for the manner in which the Tribunal may exercise its jurisdiction relating to practice and procedure. 40 Statutory Instruments 24th February, 2023 Withdrawal of proceedings Withdrawal of legal practitioner Service of process
Section 26Verify source
§ 27Section 27Provision

An appellant may withdraw an appeal before the hearing, or during the hearing if the Tribunal consents; the appellant must then lodge a notice of withdrawal with the Secretary and pay the required fee.

27. (1) An appellant may withdraw an appeal at any time before the hearing of the appeal or, with the consent of the Tribunal, during the hearing of the appeal but before final determination of the appeal. (2) An appellant who intends to withdraw an appeal shall lodge with the Secretary a notice of withdrawal in Form X set out in the First Schedule on payment of a fee set out in the Second Schedule. (3) The Tribunal may order a party who withdraws an appeal in accordance with this rule to pay costs to the other party.
Section 27Verify source
§ 28A legal practitioner who withdraws from representing aProvision

A legal practitioner who withdraws from representing a party must file a notice of withdrawal and serve it on the other party within five days of filing.

28. A legal practitioner who withdraws from representing a party shall file a notice of withdrawal stating the last known contact details of the party and serve the notice on the other party within five days of filing the notice.
Section 28Verify source
§ 29Section 29Provision

Documents must be served by physical delivery, unless the Tribunal allows another method because physical service is impracticable.

29. (1) A document required to be served under these Rules shall be served by physically delivering the document to the person to whom the document is addressed. (2) Despite subrule (1), the Tribunal may, where the Tribunal considers that it is impracticable to effect service of a document in accordance with subrule (1), permit service to be effected by— (a) sending the document to the electronic mail address provided by the person to whom that document is addressed; (b) registered post to the postal address provided by the person to whom that document is addressed; or (c) advertising the document in a daily newspaper of general circulation in the Republic. Appeal not to operate as stay
Section 29Verify source
§ 30An appeal against a decision of the Energy RegulationProvision

An appeal against a decision of the Energy Regulation Board or the Tribunal does not suspend that decision.

30. An appeal against a decision of the Energy Regulation Board or the Tribunal shall not operate as a stay. Language
Section 30Verify source
§ 31Section 31Provision

Documents filed under these Rules must be in English, and any non-English document must include a certified translation.

31. (1) A document to be filed under these Rules shall be in the English language. (2) Despite subrule (1), where a document referred to in subrule (1) is in a language other than English, the document shall be accompanied by a certified translated version.
Section 31Verify source
§ 32A person filing a document required to be filed under theseProvision

A person filing a document under these Rules must lodge at least nine copies, unless the Rules say otherwise.

32. A person filing a document required to be filed under these Rules shall, unless otherwise provided in these Rules, lodge a minimum of nine copies of the document.
Section 32Verify source
§ 33A proceeding before the Tribunal shall for all purposes,Provision

A proceeding before the Tribunal is treated as a judicial proceeding, including for Chapter XI of the Penal Code.

33. A proceeding before the Tribunal shall for all purposes, and in particular for the purposes of Chapter XI of the Penal Code, be a judicial proceeding. Number of copies to lodge Proceedings to be judicial proceedings Cap. 87 24th February, 2022 Statutory Instruments
Section 33Verify source
§ 34Section 34Provision

If parties agree on the terms of an order, those terms must be written down, signed, and sent to the Secretary; the Tribunal may then make the order in the parties’ absence.

34. (1) Where parties agree on the terms of an order to be made by the Tribunal, the particulars of the terms agreed on shall be in writing and signed by the parties, their legal representatives or agents. (2) The parties shall send the terms agreed on in accordance with subrule (1) to the Secretary, and the Tribunal may, in the absence of the parties, make an order in accordance with those terms.
Section 34Verify source
§ 35Section 35Provision

The Tribunal may extend or abridge time in proceedings, and may correct clerical errors in its decisions.

35. (1) The Tribunal may, on an application by a party, extend the time within which to file a document, other than an appeal, or to take any other step in the proceedings. (2) An application to extend the time under this rule shall— (a) state the grounds for seeking an extension; and (b) be made before the expiration of the time fixed by these Rules. (3) The parties may, by consent, abridge the time for making an application or for taking a step in, or in connection with, the proceedings. (4) Where the parties fail to consent to abridge time under subrule (3), a party may apply to the Tribunal to abridge the time. (1) The Tribunal may, at any time, correct a clerical error arising from an accidental slip or omission made in a decision of the Tribunal.
Section 35Verify source
§ 36Section 36Provision

If a correction is made under subrule (1), the Tribunal must update the affected register entry and send the parties a copy of the corrected decision.

36. (2) Where a correction is made under subrule (1), the Tribunal shall cause to be— (a) altered, in the appropriate register, an entry which is affected by the correction; and (b) sent to the parties a copy of the decision as corrected.
Section 36Verify source
§ 37Section 37Provision

The Tribunal may join a person to proceedings, and a wrongly joined person may apply to be removed as a party.

37. The Tribunal may, at the instance of the Tribunal or on an application by a party or a person likely to be affected by a decision of the Tribunal, join a person to the proceedings. (1) (2) A person that has been wrongly joined to the proceedings before the Tribunal may apply to be removed as a party.
Section 37Verify source
§ 38A summons, notice or other document issued by the TribunalProvision

A Tribunal-issued summons, notice, or other document must be signed by the Chairperson, or by the Secretary if the Tribunal directs.

38. A summons, notice or other document issued by the Tribunal shall be signed by the Chairperson or, where the Tribunal so directs, by the Secretary.
Section 38Verify source
§ 39Section 39Provision

The Tribunal may inspect property involved in the proceedings, but it must give the parties at least 24 hours’ notice first.

39. (1) Subject to this rule, the Tribunal may, on an application by a party or at the instance of the Tribunal enter on, and inspect, property which is the subject of the proceedings at reasonable times. 41 Consent order Extension and abridgment of time Correction of clerical errors, accidental slips or omissions Joinder and misjoinder Signing of documents Inspection of property 42 Statutory Instruments 24th February, 2023 Database of appeals (2) The Tribunal shall give the parties at least twenty four hours notice of the Tribunal’s intention to enter on and inspect property referred to in subrule (1). (3) A party may attend an inspection under this rule in person or be represented by a legal practitioner. (4) An inspection under this rule shall not be rendered invalid by the non attendance of a party who has been notified of the inspection in accordance with subrule (2).
Section 39Verify source
§ 40Section 40Provision

The Secretary must keep an appeals database, and people may search it during normal working hours unless the Secretary restricts a search for an in camera matter.

40. (1) The Secretary shall keep and maintain a database of appeals heard by the Tribunal, together with all correspondence regarding appeals, decisions or settlements, under relevant dates. (2) The database referred to in subrule (1) shall be in the form of a document management system which— (a) tracks and monitors appeals and applications brought before the Tribunal; and (b) maintains an auditable trail of every decision of the Tribunal. (3) Subject to subrule (4), a person may, during normal working hours, search the database kept and maintained under this Rule. (4) The Secretary may restrict a search on a matter in respect of which the hearing was held in camera. (5) A request for a search under this rule shall be in Form XII set out in the First Schedule. Taxation of costs
Section 40Verify source
§ 41Section 41Provision

A party may apply to the Tribunal for taxation of costs within 60 days of an order for costs. The Tribunal must use the High Court fee scale when taxing costs, and the Chairperson must sign the Certificate of Taxation after payment of the taxing fee.

41. (1) A party may, within sixty days of an order for costs, apply to the Tribunal for taxation of the costs. (2) Subject to the Act and these Rules, the practice and procedure applicable in the High Court in relation to taxation of costs shall apply to taxation of costs by the Tribunal. (3) The Tribunal shall, in taxing a bill of costs, apply the scale of fees for the time being applicable in the High Court. (4) The Chairperson shall, on payment of the taxing fee set out in the Second Schedule, sign the Certificate of Taxation. Fees
Section 41Verify source
§ 42The fees payable for matters provided for in these RulesProvision

The fees for matters covered by these Rules are listed in the Second Schedule.

42. The fees payable for matters provided for in these Rules are set out in the Second Schedule. Non- compliance with rules
Section 42Verify source
§ 43Where a party does not comply with these Rules, theProvision

If a party does not comply with the Rules, the Tribunal may, after hearing the parties, make an order it considers appropriate to move the case forward or dispose of it.

43. Where a party does not comply with these Rules, the Tribunal may, after giving the parties an opportunity to be heard, make an order that may be appropriate for the purpose of expediting or disposing of the proceedings. 24th February, 2022 Statutory Instruments 43 FIRST SCHEDULE (Rules 4, 5, 7, 8, 10, 15, 16, 17,18, 20, 27 and 40) PRESCRIBED FORMS The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form I (Rule 4) (To be completed in duplicate) GENERAL TITLE OF PROCEEDINGS IN THE ENERGY REGULATION (APPEALS TRIBUNAL) HELD AT……………………………………………………………………………………….. . BETWEEN …………………………………………………………………………………………………….. APPELLANT AND ........................................................................................................................................................ RESPONDENT 44 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form II (Rule 5(1)) (To be completed in duplicate) (Insert title of proceedings) NOTICE OF APPEAL To: The Minister The Energy Regulation (Appeals Tribunal) Lusaka I, …………………………. do hereby appeal to the Minister against a decision made by the Energy Regulation Board, as follows: DETAILS OF APPELLANT AND SUBJECT MATTER
Section 43Verify source
§ 1Name of appellantProvision

This section is headed “Name of appellant.”

1. Name of appellant ……………………………………………………………………………….
Section 1Verify source
§ 2Date of Energy Regulation Board decision and subject reference ………..…………Provision

Section heading about the date of an Energy Regulation Board decision and the related subject reference.

2. Date of Energy Regulation Board decision and subject reference ………..…………
Section 2Verify source
§ 3Appellant’s contact information ……………………………………………………………Provision

Section 3 is a heading for appellant contact information.

3. Appellant’s contact information ……………………………………………………………..
Section 3Verify source
§ 4Brief summary of appeal, including reference to a licence or permit, if applicableProvision

This section is titled “Brief summary of appeal,” and mentions a licence or permit if applicable.

4. Brief summary of appeal, including reference to a licence or permit, if applicable ……………………………………………………………………………………………………….....
Section 4Verify source
§ 5List of documents provided by Appellant …………………………………………………Provision

This section is titled “List of documents provided by Appellant.”

5. List of documents provided by Appellant ………………………………………………….
Section 5Verify source
§ 6Date appeal lodged .……………………………………………………………………………Provision

Section title: Date appeal lodged.

6. Date appeal lodged .……………………………………………………………………………
Section 6Verify source
§ 7Means of communication to be used to communicate with AppellantProvision

Section heading only: “Means of communication to be used to communicate with Appellant.”

7. Means of communication to be used to communicate with Appellant: ……………………………………………………………………………………………………………
Section 7Verify source
§ 8Contact information including telephone, email and postal Address of AppellantProvision

This section is for the appellant’s contact information, including telephone, email, and postal address.

8. Contact information including telephone, email and postal Address of Appellant: ……………………………………………………………………………………………………………
Section 8Verify source
§ 9Other necessary informationProvision

This text only shows the heading “Other necessary information” and “lodgement requirements”; it does not state an operative rule in the provided excerpt.

9. Other necessary information: ……………………………………………………………………………………………………………. 24th February, 2022 Statutory Instruments 45 LODGEMENT REQUIREMENTS
Section 9Verify source
§ 1Decision appealed against: Yes  No Provision

A form field asks whether the decision is being appealed against, with yes/no options.

1. Decision appealed against: Yes  No 
Section 1Verify source
§ 3Any other information requiredProvision

This section is a blank field for inserting any other required information.

3. Any other information required: ……………………………………………………………………. ……………………………………………………………………. ……………………………………………………………………. ……………………………………………………………………. ………………………………….. Signature of Appellant 46 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form III (Rule 7(1)) (To be completed in duplicate) (Insert title of proceedings) ANSWER May it please the Honourable Tribunal The Respondent above named begs to submit the Respondent’s answer to the appeal as follows (herein set out in numbered paragraphs the Respondents answer): ……………………………………………………………………………………………………… ………………………………………………………………………………………………......... ……………………………………………………………………………………………………… …………………………………………………………………………………………….....…… ………………………………………………………………………………………………......... ……………………………………………………………………………….................................. Date: ……………………………………….. Signature:. ……………………………….. 24th February, 2022 Statutory Instruments 47 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form IV (Rule 8(1)) (To be completed in duplicate) (Insert title of proceedings) NOTICE OF SCHEDULING CONFERENCE TAKE NOTICE THAT .............................................................. shall be held on the ………………. day of ……………………………… 20…….. at ………………. hours in the………. noon at ……………………………………………………… (here insert place) …………………………………………. Chairperson 48 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form V (Rule 10, 17(3)) (To be completed in duplicate) (Insert title of proceedings) NOTICE OF HEARING Sir/Madam, On behalf of the Chairperson of the Appeals Tribunal notice is hereby given to you that an appeal made to the Minister will be heard at ..............………………………….(place) on the ……………… day of ……………………..20 …….. at …………….........……………..hours. Appeal: (set out briefly the facts alleged) Attachments: (attach notice of appeal and other documents and information) You are hereby invited to attend the Appeals Tribunal and also to appear before the Appeals Tribunal at the place and time specified above. You may appear in person or by a legal practitioner, or by an officer or agent of your choice. Any answer, admission, or other statement or communication, which you may desire to make with respect to the said appeal, should be addressed to the Secretary. If you desire to make an application that the hearing be postponed, you should send the application to the Secretary as soon as may be, stating the grounds on which you desire a postponement. Such an application shall be considered by the Appeals Tribunal in accordance with the Energy Regulation (Appeals Tribunal) Rules, 2022. Issued by the Secretary ………………………………….. Signature 24th February, 2022 Statutory Instruments 49 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form VI (Rule 15) (To be completed in duplicate) (Insert title of proceedings) APPLICATION TO HOLD HEARING ELECTRONICALLY I, ……………………………………………….(*Appellant/Respondent), seek leave of the Appeals Tribunal the …………………………..day of…………………20……… of be held electronically for the following reasons: the hearing set for that ………………………………………………………………………………………..................… ……………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………… ……………………………………………………………………………………........................... ……………………………………………………………………................................................ ………………………………………………………………………………………………….... …………………………………… Signature *Delete whichever is inapplicable. 50 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form VII (Rule 16(3)) (To be completed in duplicate) (Insert title of proceedings) NOTICE TO PRODUCE DOCUMENT OR OTHER INFORMATION TAKE NOTICE that you are required to lodge with the Appeals Tribunal the following documents or other information which, in the opinion of the Appeals Tribunal, is in your possession or under your control on or before the ………….. day of ……………………….., 20…………… Given under my hand and the seal of the Appeals Tribunal this ……….. day of ……………, 20……….. ……………………………… Chairperson To: ……………………………………. Whose address (es) for service is or are: Physical address: …………………………………………………………………….. Electronic mail address: ……………………………………………………………. Postal address: ……………………………………………………………………….. Telephone/Mobile Phone Number: ………………………………………………. 24th February, 2022 Statutory Instruments 51 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form VIII (Rule 18(2)) (To be completed in duplicate) (Insert title of proceedings) SUMMONS (FOR USE IN INTERLOCUTORY APPLICATION) LET the *party/parties concerned attend ……………………………………………….. (state whether physically or virtually) before the *Appeals Tribunal/Chairperson on the …………………………….. day of................................. 20………. at …………. hours in the ……………. noon on the hearing of an application on the part of the *Appellant/Respondent for an order that …………………..and that costs of the application be …………………....................... Dated at …………………………. this ………………… day of ……………….. 20 ……… This Summons was taken out by………………………………… whose address(es) of service is or are:
Section 3Verify source
§ 2Electronic mail address:……………………………………Provision

A blank electronic mail address field is shown.

2. Electronic mail address:……………………………………..
Section 2Verify source
§ 4Telephone/Mobile Phone Number: .…………………………Provision

This provision is a form field for entering a telephone/mobile phone number and service address details.

4. Telephone/Mobile Phone Number: .…………………………. To: ………………………………………….. whose address(es) for service is or are: l. Physical address: : ………………………………………………..
Section 4Verify source
§ 2Electronic mail address: …………………………………………Provision

This section is a blank field for an electronic mail address.

2. Electronic mail address: …………………………………………..
Section 2Verify source
§ 3Postal address: ·…………………………………………. ……………Provision

Section heading for a postal address field.

3. Postal address: ·…………………………………………. ……………
Section 3Verify source
§ 4Telephone/Mobile Phone Number: .………………………………Provision

This form asks for a telephone/mobile phone number and says to delete whichever is inapplicable.

4. Telephone/Mobile Phone Number: .………………………………. *Delete whichever is inapplicable. 52 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form IX (Rule 18(2)) (To be completed in duplicate) (Insert title of proceedings) AFFIDAVIT (GENERAL) I, ……………………………….., of ………………………. (address) hereby make oath and say as follows:
Section 4Verify source
§ 1That I am ………………………………………..(insert profession)Provision

A person must state their profession in the blank provided.

1. That I am ………………………………………..(insert profession)
Section 1Verify source
§ 2That ……………………………………………………………………………………Provision

This section is a placeholder for inserting the relevant facts relating to the appeal.

2. That ……………………………………………………………………………………........... (insert all the relevant facts relating to the appeal)
Section 2Verify source
§ 3That …………………………………………………….……………………..............……Provision

This form is used by an appellant or applicant to notify that they are withdrawing further proceedings, in whole or in part.

3. That …………………………………………………….……………………..............…….... Sworn by the said: ……………………………..) At …………………......…………………….…..) ………..........….Signature on the ……… day of …..……….. 20 ……….. ) Before me:_____________________________ Commissioner for Oaths 24th February, 2022 Statutory Instruments 53 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form X (Rule 18(6) and 27(2)) (To be completed in duplicate) (Insert title of proceedings) NOTICE OF WITHDRAWAL OF PROCEEDINGS TAKE NOTICE THAT the *Appellant/Applicant……………………………………. (name) discontinues further proceedings in this *appeal/interlocutory application, or such part thereof as relates to (set out part to which withdrawal relates). Dated this…………… day of …………………………. 20……… This notice has been filed by the *Appellant/Applicant or their Advocate, whose address(es) for service is or are:
Section 3Verify source
§ 1Physical address: ……………………………………………………………Provision

This section is a physical address field.

1. Physical address: ……………………………………………………………..
Section 1Verify source
§ 2Electronic mail address: .…………………………………………………Provision

Section heading for an electronic mail address field.

2. Electronic mail address: .…………………………………………………..
Section 2Verify source
§ 3Postal address: .…………………………………………………………Provision

This section is labeled for a postal address field.

3. Postal address: .…………………………………………………………......
Section 3Verify source
§ 4Telephone/Mobile Phone Number: .………………………………………Provision

This section is a form field for a telephone/mobile phone number and related service-address details.

4. Telephone/Mobile Phone Number: .……………………………………… To: The Minister Ministry of Energy Lusaka The *Appellant/ Applicant or their Advocate, whose address (es) for service is or are:
Section 4Verify source
§ 1Physical address: …………………………………………………..…………Provision

This section labels a physical address field.

1. Physical address: …………………………………………………..…………..
Section 1Verify source
§ 2Electronic mail address: . ……………………………………………….....…Provision

This provision is labelled “Electronic mail address” and contains a blank space for an email address.

2. Electronic mail address: . ……………………………………………….....…..
Section 2Verify source
§ 3Postal address: …………………………………………………………...……Provision

This provision is a postal address field.

3. Postal address: …………………………………………………………...……
Section 3Verify source
§ 4Telephone/Mobile Phone Number: ……………………………………………Provision

This form is a summons requiring a named person or witness to appear before the Appeals Tribunal and, if required, bring specified documents or information.

4. Telephone/Mobile Phone Number: ……………………………………………. *”Delete whichever is inapplicable. 54 Statutory Instruments 24th February, 2023 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form XI (Rule 20(1)) (To be completed in duplicate) (Insert title of proceedings) SUMMONS TO APPEAR BEFORE TRIBUNAL To: …………………………………………….. …………………………………………….. …………………………………………….. (Name of person or witness summoned and address) YOU ARE HEREBY SUMMONED to appear at ……………………………..…….… (Place) on………………….. (day of the week), the …………………….day of………………… 20……. at ........................ hours in the ……………. noon before the Appeals Tribunal convened under the Energy Regulation Act, 2019, to give evidence in respect of an appeal to the Minister against a decision of the Energy Regulation Board (if the person summoned is to produce any book, record, document or thing, add) and you are required to bring or submit the following documents and information: …………….……………………………………………… (Specify the book, record, document or other information required) Issued by the Secretary to the Tribunal Signature: …………………………………………. 24th February, 2022 Statutory Instruments 55 The Energy Regulation Act, 2019 (Act No. 12 of 2019) The Energy Regulation (Appeals Tribunal) Rules, 2023 Form XII (Rule 40(5)) (To be completed in duplicate) (insert title of proceedings) SEARCH FORM SEARCH for: …………………………………………………..................…………………….. Dated at ………………...........……… the ………… day of ………………………. 20……... Signed:…………………………………… Address:………………………………… ……….………………………… ……….………………………… .....……………………………… Capacity in which search conducted: …………………………………….................…………………………………………………… 56 Statutory Instruments 24th February, 2023 SECOND SCHEDULE (Rules 5, 7, 15, 18, 27, 41 and 42) FEES No. Process
Section 4Verify source
§ 13Section 13Provision

This fragment refers to lodging an answer and an affidavit, but it does not state a rule.

13. On lodging an AnswerOn lodging an affidavit
Section 13Verify source
§ 3333666.6Provision

The provision lists filing-related items, including notices, witness statements, summonses, and transcripts of proceedings, with an apparent fee entry for one item.

333.3666.6 On lodging a Notice of withdrawal of proceedings 1, 666.6 On lodging any other document not specifically provided for Lodging of a Witness Statement Summons Search For transcript of proceedings per page On lodging a Notice of taxation
Section 333Verify source
§ 8333Provision

This provision lists a 5% amount tied to consent of taxation, a 10% taxing fee tied to a taxed bill of costs, and mentions objection to a bill of costs.

833.3 Consent of Taxation 5% of the agreed cost Taxing fee on taxing bill of costs 10% of taxed bill of costs Objection to bill of costs
Section 833Verify source
§ 1666Provision

This text appears to be a heading or signature line, not a substantive rule.

166.6 LUSAKA 14th February, 2023 [J/64] JUSTICE M. MALILA, Chief Justice
Section 166Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Documents Act

    Section 22

  • Energy Regulation

    Sections 2, 4, 5, 24, 30, 43

N–S

1 instrument

  • Penal Code

    Section 33

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