Zambia

Region Africa

Karol Limondin & Charles Dinda

National Report

Summary of Contents

Summary of Contents

1. GENERAL INFORMATION

The Constitution of Zambia was adopted in 1991. Since then, it has been amended in 1996, 2003, 2006, 2009 and 2016. As enshrined in the Constitution, the Republic of Zambia is a unitary, indivisible, multi-party and democratic sovereign State.[1] It is based on the values and principles of morality and ethics, patriotism and national unity, democracy and constitutionalism, human dignity, equity, social justice, equality and non-discrimination, good governance and integrity, and sustainable development.[2] Sovereignty is vested in the people of Zambia who shall exercise it directly or through elected or appointed representatives or institutions in accordance with the Constitution.[3]

Zambia follows the doctrine of separation of powers. The Constitution provides for the creation and existence of three main organs of the State that are fundamental pillars of the democratic governance of the country, namely the Executive, the Legislative and the Judiciary. The three branches and their functions include the following:

  • The Executive, which includes the republican president, vice-president and ministers, supported by the civil servants. Its main function is enforcement of the law, with further reference to the rule of law;
  • The Legislature or parliament whose main function is to make legislation;
  • The Judiciary that is made up of the entire court system and is responsible for applying and interpreting the law.[4]

In 2019, the total population of Zambia was estimated at 17.4 million people.[5] Zambia comprises 72 ethnic groups. About 90% of the population fall into 9 major ethno-linguistic groups: the Nyanja-Chewa, Bemba, Tonga, Tumbuka, Lunda, Luvale, Kaonde, Nkoya and Lozi.[6] English is the official language of Zambia.[7] In terms of religion, the Constitution declares “the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion.”[8]

The table below indicates the Zambia Gross Domestic Product (GDP) for the last nine years in billions of US dollars (USD). The GDP in Zambia was worth 26.72 billion US dollars in 2018.[9]

Year Billions USD
2010 20.27 billion USD
2011 23.46 billion USD
2012 25.50 billion USD
2013 28.05 billion USD
2014 27.15 billion USD
2015 21.15 billion USD
2016 20.95 billion USD
2017 25.87 billion USD
2018 26.72 billion USD

According to the UNDP Human Development Report, “Zambia’s Human Development Index (HDI) value for 2018 is 0.591— which put the country in the medium human development category – positioning it at 143 out of 189 countries and territories”.[10] In 2018, life expectancy at birth in Zambia was 63.5 years (compared to 44 years in 2000, and 55.7 years in 2010). In 2018, the number of expected years of schooling was 12.1, with 7.1 mean years of schooling (compared to 5.9 mean years of schooling in 2000, and 6.6 in 2010). The gross national income at purchasing power parity per capita GNI (PPP) was 3,582 (compared to 2,034 in 2000 and 3,1114 in 2010).[11]

The Gini coefficient reveals that income inequality has increased over the last years in Zambia, with a Gini coefficient standing at 0.57 in 2015 from 0.56 in 2010, 0.54 in 2003 and 0.49 in 1998.[12] As of 2015, 58% of Zambians earned less than the international poverty line of $1.90 per day (compared to 41% across Sub-Saharan Africa) and three quarters of the poor lived in rural areas.[13]

3. PROCESS AND PROCEEDINGS: OVERVIEW

3.1. Criminal Procedure

In Zambia the procedure used during criminal trials is based on the procedure followed in English courts, however, the Criminal Procedure Code[1] is the most important statute in the criminal justice process, setting out the specific procedure to be used for any given case.

Article 18(1) of the Bill of rights in the Constitution of Zambia provides for the right to secure protection of the law. It demands, among other things, that every person facing criminal charges should be prosecuted on that charge within a reasonable time. In Zambia, criminal proceedings may be instituted through an arrest with or without a warrant:

  • Arrest wihtout a warrant: police officers may arrest without a warrant for any of the listed offences and cognisable offences[2] as provided in the Penal Code Act Chapter 87 and in the Criminal Procedure Code Chapter 88 of the Laws of Zambia. Here having received a report of an offence, the police may investigate and arrest a person suspected of commission of the offence;
  • Arrest with a warrant: furthermore, proceedings may be instituted either by the making of a complaint to a magistrate or by the bringing before a magistrate. Therefore, any person who believes from a reasonable and probable cause that an offence has been committed by any person may make a complaint thereof to a magistrate having jurisdiction. The magistrate may draw up a formal charge and summons for a warrant of arrest, which will be issued.

In addition, private person may institute criminal proceedings by making a private citizens arrest without a warrant and take such person or suspect to a police officer, or, in the absence of a police officer, shall take such person to the nearest police station. Upon arrest a suspect or accused person should be informed in a language that they understand the reasons for the arrest and offence they are being charged with.[3] In the instance where the arrested person is a juvenile it is the duty of the police to communicate to the juveniles family or guardians of the arrest and further endeavour to put the juvenile through diversion.

Investigations of the case or complaint by the police begin when a report or complaint or warrant for arrest is received. Once an arrest is made with or without a warrant the police may investigate the case further, however detention of a suspect in police custody should not be for a period exceeding twenty-four hours[4], following which police bond may be given, for offences that are bailable. Police bond is a written promise by the accused that s/he will appear in court or at the police station as and when required. Further conditions of the bond may be made by the police. Usually police bond is given at the police station, authorised by the Officer-in-Charge of the station. During this time the case or file/docket is sent to the Zambia Police legal department for processing where it is then forwarded to the National Prosecutions Authority for indictment and court date is set, which is communicated to the accused person. However, if the National Prosecutions Authority is of the view that the case does have sufficient evidence to warrant an indictment, it is sent back to the arresting police station through the Zambia Police legal department, for further investigation or collection of evidence. There is no provision in the law that stipulates a time limit for completing of police investigations, however there have been decided cases that stipulate that proper investigations should be undertaken by police as they have the duty to investigate cases.[5]

Once an indictment is drawn up by the National Prosecutions Authority, a court date for the commencement of trial is set, which is communicated to the accused and complainant. On this date the matter will be called for hearing, both the accused and complainant may be before court. Generally it is a requirement that the accused person should be before court during trial as all evidence taken in any inquiry or trial shall be taken in the presence of the accused, or, when her/his personal attendance has been dispensed with, in the presence of her/his advocate (if any).[6] Where the accused is not in attendance, the court may set another date for hearing. However, when the offence with which the accused is charged is punishable only by fine or only by fine and/or imprisonment not exceeding three months, the court may dispense with the personal attendance of the accused, if s/he pleads guilty in writing or appears by an advocate[7]. Where the complainant, having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall dismiss the charge, unless, for some reason, it shall think it proper to adjourn the hearing of the case until some other date.[8]

During this period and dependent on the offence the accused is charged with, the accused may be held on remand during trial for non bailable offences, or in instances where police bond was not granted during arrest, the accused would attend court and remain on remand. However, where police bond was not granted, and the offence committed is a bailable offence, the accused may apply for bail during trial. On the other hand, the accused may have been granted police bond and in this instance attends court from her/his place of residence. Once trial commences the police bond may be extended to be a bail during trial.

Where both parties are present for hearing, trial will commence with the charge, statement and particulars of offence being read out to the accused in a language s/he understands. The accused is then asked to confirm her/his particulars including name and address. Following this the court takes a plea from the accused of guilty or not guilty after the reading of the charge. Where there is more than one count, each count is read to the accused and plea taken.[9] Where the accused enters a plea of guilty or admits to the truth of the charge, her/his admission shall be recorded, as nearly as possible, in the words used by her/him, and the court shall convict her/him and pass sentence upon or make an order against her/him, unless there shall appear to it sufficient cause to the contrary.[10] Where the accused pleads not guilty or does not admit to the charges, the court will proceed to hear the prosecution’s case with the complainant and witnesses and other evidence, if any. If the prosecution is not ready to proceed the court may adjourn and set a date for trial during. Once the prosecutions have completed giving their evidence, the accused person or her/his advocate may put questions to each witness produced against her/him.

If, at the close of the evidence in support of the charge or prosecution, it appears to the court that a case is not made out against the accused person sufficiently to require her/him to make a defence, the court shall dismiss the case, and shall forthwith acquit her/him[11] and enter a finding of no case to answer. At the close of the evidence in support of the charge or prosecution, if it appears to the court that a case is made out against the accused person sufficiently to require her/him to make a defence, the court shall again explain the substance of the charge to the accused and shall inform her/him that s/he has the right to give evidence on her/his own behalf and that, if s/he does so, s/he will be liable to cross-examination, thus putting the accused on her/his defence. If during her/his defence the accused introduces new evidence the prosecution will be given the option to give evidence in reply[12]. Having heard both sides the court will make a decision on whether to sentence or acquit the accused person.[13] See below an organisational chart indicating the main steps in criminal proceedings:

Chart 02. Main steps in criminal proceedings

It should be noted, however that criminal law or procedure in Zambia does not stipulate the duration of remand of accused persons during trial or the time limit for completing a criminal trial. Trial is dependent on many factors affecting the prosecution, such as availability of evidence, the courts diary in relation to scheduling of dates for trial, attendance of witnesses for or against the accused. Due to these factors among others, delays are often experienced in the prosecution of criminal cases.

The Zambia Human Rights Commission outlined the issues of prolonged stays in remand and the delays in court processes. According to the Human Rights Commission, close to 50% of accused persons spend at least six month in remand, and more than 13% spend over two years before their cases are concluded in court.[14] During the 2017 Universal Periodic Review, the Government of the Republic of Zambia accepted five out of six recommendations for Sustainable Development Goal 16.3 that relate to the rule of law and access to justice, including recommendations to “take appropriate steps to reduce long terms of preventive detention” and to “guarantee the rights of detainees”.[15]

3.2. Civil Procedure

Civil proceedings in Zambia is a primary responsibility of the parties involved in a case, except for the Commercial Court, a division of the High Court which is driven by a judge. Actions are commenced by a party instituting an action and seeking relief from a particular court. Depending on the court, this could be by way of writ of summons, notice of claim, notice of complaint or default writ of summons, originating notice of motion, petition or originating summons, or appeal. The originating documents set out the claimant’s claim in brief and the relief sought. A defendant is expected to prepare a statement of defence in response to the claim. Directions are usually given by the judge setting out the manner in which the pleadings will be settled, how discovery and inspection will proceed, and when and how the trial is to proceed. See below an organisational chart illustrating the main first instance procedure in civil matters:

Chart 03. Main first instance procedure in civil matters

As earlier stated, the Commercial Division of the High court has a peculiar difference with the procedure in other divisions which adopt a party-driven procedure. The Commercial Court is judge-driven. As such, once a claim is lodged in the High Court, the judge sets up a scheduling conference where the timelines for filing of the pleadings is agreed with the parties. The judge then issues and motions the agreed schedule by way of order for directions. The judge will then proceed to hold status conference until the case is set down for hearing. Unlike other civil proceedings in Zambia, the Commercial Court requires written witness statements to be filed into Court and exchanged by the parties prior to the trial. The underlying framework is that there should be no trial by ambush as every litigant has a right to have notice of the matter that will arise at trial.

3.2.1. Procedures for urgent matters

Under both civil and criminal procedure, the law allows for specific procedures to be utilised for matters of urgency that may arise. For instance, under civil procedure specific procedures that can be utilised include interim injunctions which are an order issued by a court of competent jurisdiction restraining a party from doing or committing certain acts or an order issued by a court compelling a party to take certain steps. The court may issue a prohibitive injunction to restrain a party from doing anything which continues the breach complained about, or a mandatory injunction to compel a party to perform a certain action to correct the wrong complained about. However, the order compelling or restraining will always relate to or will be issued in connection with ongoing litigation. In other words, the right to obtain an interim injunction is merely ancillary and incidental to a pre-existing cause of action against the defendant. The essential nature or character of an interim injunction is that it is a temporary measure intended to maintain or preserve the status quo pending determination of the disputed rights of the parties at trial, which may require urgent action.

Another urgent procedure that can be implored is a stay of execution which can be used or applied for where the court has given its judgement on a case but one party to the case would like to stay the execution of the judgement given, either to allow for appeal or review of the decision of the court.

Other civil procedures relating to urgency include caveats in land matters. A caveat is a statutory notice that is registered against a property. It serves as a notice that the person lodging the caveat (‘the caveator’) has an interest in the land. Further the law provides for interim attachment of property which is a provisional or temporary relief which allows the plaintiff to attach the defendant’s property, whilst a court action progresses. All these measures and many others can be used under civil procedure in urgent matters.

Under criminal procedure, procedures such as Habeas Corpus, can be utilised as matter of urgency. This is a court order that commands an individual or a government official who has restrained another to produce the inmate/suspect at a designated time and place so that the court can determine the legality of custody and decide whether to order the release of the inmate/suspect. Under gender-based violence cases, orders such as protection orders, or restraining orders can be utilised as a matter of urgency, to protect a complainant or victim of violence, during the determination of the case.

General conditions attached to these procedures include, that the applicant of the urgent procedure shows the court the urgency of the matter or request, also that without it being granted the effect or consequence would be detrimental to the applicant and lastly that there is an eminent threat of danger/violence in the case of criminal matters.

3.2.2. Alternative dispute resolution

Alternative dispute resolution before or during court proceedings is not obligatory and parties may choose to use alternative dispute resolution before going to court. There has been increased use of arbitration and mediation by litigants in Zambia. Arbitration is commonly used in commercial matters and its proceedings are governed by the Arbitration Act No. 19 of 2000. The Arbitration Act incorporates the United Nations Commission on International Trade Law (UNCITRAL) Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards. The rule is that if the parties have agreed to have an arbitration clause in the agreement, then the Zambian courts have no jurisdiction to adjudicate on the matter. The court, however, can grant an interim relief to facilitate an arbitral tribunal discharging its functions. Mediation in Zambia is court-annexed (see further details below – 3.3 Alternative dispute resolution).

Most specialised contracts prefer arbitration because it is quicker and the parties can get an expert in the subject area of the contract to arbitrate. There are two recognised arbitral institutions, namely, the Zambia Association of Arbitration (ZAA) and the Chartered Institute of Arbitrators Zambia Branch (CIArbZB). Arbitration awards are conclusive and final, thus a party cannot appeal against an arbitration award. On the other hand, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding.

During formal civil legal proceedings, courts in Zambia may also attempt to reconcile parties, for example in marital disputes, trying to make them arrive at a settlement which is agreed upon by the parties themselves before the court pronounces its judgment. Hence, the courts sometimes on their own motion refer parties for court-annexed mediation where they are encouraged to discuss fully and reach an agreement that ensures a “win-win” situation.[16] Furthermore, it is common for Local Courts in certain cases (apart from what is provided for in intestate succession cases[17]) to give returnable dates to the parties (where parties will have to come back and appear before the court at a certain date to report on progress made in implementing the Local Court judgment) in a matter that has been concluded to ensure the court orders are obeyed. It is also a way of monitoring the execution of judgments passed by the Local Courts.

3.3. Alternative dispute resolution (including simplification of law and by-passing legal process)

Compulsory diversion of disputes in Zambia is called court-annexed mediation, which was established in Zambia by the High Court (Amendment) Rules[18] which came into force in 1997. Subsequently, a group of mediators was trained for purposes of taking conduct of some of the matters that were before the High Court. Court annexed mediation is invoked by the judge’s own motion – the judge may decide to send the case for mediation before hearing commences. The judge’s authority to refer the matter to mediation is found in Rule 4 of the High Court (Amendment) Rule.[19] The Rule provides as follows:

“Except for cases involving constitutional issues or the liberty of an individual or an injunction or where the trial judge considers the case to be unsuitable for referral, every action may, upon being set down for trial, be referred by the trial judge for mediation and where the mediation fails the trial judge shall summon the parties to fix a hearing date. The referral order shall be in form 28A in the First Schedule, set out in the Appendix to these Rules”.

It is clear from the rules that it is the judge and not the parties who makes the decision whether or not to refer the matter to mediation. Therefore, court-annexed mediation is not voluntary since parties may have no choice but to oblige to the court’s order referring the matter to mediation. In Zambia, although parties are obliged to attempt mediation once the judge has referred the matter to mediation, they are not compelled to arrive at a settlement, they are merely compelled to attend the mediation because the referral order is an order of the Court. Any matter referred to mediation, if not settled within sixty days of the referral to the mediator, is taken back to the trial judge.

Apart from court-annexed mediation, as already discussed above, there is always chance for what is called party-driven mediation which may happen prior to or during litigation. This is known as non-Court annexed mediation. It is also possible that during proceedings, the parties may request the court to be given time to try and resolve the matter outside court. If such an attempt fails to resolve the matter, the parties will go to court again.

With respect to arbitration, as described above, parties may only go to arbitration if they have voluntarily agreed that their dispute will be resolved through arbitration. The court does not sanction arbitral proceedings save for when a matter is before the court and the parties had agreed to refer the matter to arbitration.[20] As per the Arbitration Act, an award made by an arbitrator or arbitration tribunal pursuant to an arbitration agreement is, subject to the right of either party to challenge the award by way of any process specified under the Act, final and binding on both parties and on any person claiming through or under them.

Out of court settlement mechanisms are independent of government machinery, these are initiatives (voluntarily or otherwise compulsorily) undertaken by the parties to avoid the expenses that arise from litigation as well as to trickle down on the timeframe by which cases in the courts of law take to be disposed. The costs are of such mechanisms are therefore borne by the parties to the dispute. The government plays a hands-off approach in such instances.

Unlike litigation, non-court annexed mediation in Zambia has been practiced even before, during and after colonialism. Without dismissing the limitations or disadvantages to non-court annexed mediation, it still remains the most preferred means of alternative dispute resolution in Zambia for most citizens in both rural and urban areas because of a number of reasons[21] including, but not limited to the following:

  1. Mediation reverberates with traditional ways of resolving disputes. Even among the elite, most individuals, families and communities still prefer indigenous conflict resolution processes such as mediation because it is based on cultural concepts, values, and procedures that are understood and accepted which promotes consensus-building, social bridge reconstructions and enactment of order in the society;
  2. Being relatively inexpensive, mediation is seen as a less expensive route to follow for dispute resolution compared to other modes dispute resolution such as taking a case through trial which is an expensive scheme. Besides, most claims in civil cases especially among low income earners are relatively low compared to what would be spent in litigation;
  3. Disputes are processed more quickly and resolved earlier avoiding congested court schedule and sessions. To the contrary, mediation can be easily scheduled any time at the mutual convenience of the parties and the mediator, and can take place in a variety of locations;
  4. Mediation is user friendly and relatively flexible. Mediation sessions use a language both parties to the dispute are familiar with facilitated by familiar personalities that have been accepted by both parties. There are higher chances of parties coming up with multiple and flexible possibilities for resolving a dispute, with the process being under their control and to their satisfaction, unlike in a case filed in court, where the parties might obtain an imposed resolution by the judge which may leave both parties to the dispute unhappy.

Finally, in criminal proceedings, the Criminal Procedure Code opens the possibility for Subordinate Courts to use reconciliation in settling in an amicable way, proceedings for assault and certain other offences of a personal or private nature. Remedy will be in the form of compensation or other terms approved by the court.[22]

4. ACCESS TO JUSTICE, EQUAL ACCESS TO COURT AND FAIR TRIAL

The foundation for access to justice and fair trial in Zambia stems from the Constitution as provided in Article 18 of the Bill of Rights. The Article enshrines the right to a fair hearing within a reasonable time by an independent and impartial court established by law. Based on principles of equality before the law and the presumption of innocence, the Constitution provides for a number of guarantees necessary for the defence of anyone charged with a penal offence (Article 18 of the Bill of Rights) as well as protection from discrimination (Article 23 of the Bill of Rights) and protection from inhuman treatment (Article 15 of the Bill of Rights).

In 2019, Zambia was ranked number 92 (out of 126 countries surveyed) in The World Justice Project’s Rule of Law Index, which measures the following eight parameters on the rule of law: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice.[1] In Sub-Saharan Africa, Zambia was ranked number 12 (out of 30 countries surveyed).

The Government has committed itself to enhancing equal access to justice particularly for the poor and vulnerable people, as part of its efforts to observe the rule of law and adhere to human rights, in line with the National Vision 2030 and the Seventh National Development Plan 2017-2021 of the Republic of Zambia. Under that framework, the Government sees legal aid as a central element to enhance access to justice. In particular, the Seventh National Development Plan is based on the adoption of the National Legal Aid Policy, as well as the strengthening of the Judiciary and the National Prosecution Authority, and the enhancement of the parole system.[2]

In the National Legal Aid Policy, the Government recognises access to justice as a fundamental human right in itself and essential for the protection and promotion of all other civil, cultural, economic, political and social rights. It also recognises that enhancement of access to justice necessitates effective provision of legal aid, with legal aid encompassing the provision of legal education, information, advice, assistance, representation and mechanisms for alternative dispute resolution (see further details below – 5.1. History of legal aid) with further reference to the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems adopted by the United Nations General Assembly in December 2012.[3]

The Ministry of Justice has overall responsibility for access to justice policy in Zambia. The Judiciary also plays a key role through the Communication, Cooperation and Coordination Initiative (CCCI) platform, where justice institutions and other key justice stakeholders meet on a regular basis as Chapters at district level in the provinces. In their meetings, CCCI Chapters share information, discuss and address selected issues affecting case flow and justice delivery, and improve collaboration and engagement among institutions with the ultimate objective of improving efficiency in the justice sector. The Ministry of Justice is responsible for the overall management and monitoring of CCCI Chapters, while the Judiciary chairs each Chapter at district level. In addition to the Judiciary, CCCI membership includes the Zambia Correctional Service, the Zambia Police Service, the National Prosecutions Authority, the Legal Aid Board, the Anti-Corruption Commission, the Drug Enforcement Commission, the Immigration Department, the Social Welfare Department, the Ministry of Health and other institutions. CCCI Chapters also include civil society organisations working in the justice sector. CCCIs are currently supported under the Programme for Legal Empowerment and Enhanced Justice Delivery in Zambia (PLEED) (supported by the European Union and the Federal Republic of Germany).

6. COSTS OF RESOLVING DISPUTES WITHIN THE FORMAL JUDICIAL MACHINERY

In general, litigants are required to pay a court fee to start a proceeding at a court of general jurisdiction.

6.1.1. At Local Courts level

At the Local Courts (the lower level of the Judiciary), according to the Local Courts Act, Local Courts have to collect 5.1 Zambian Kwacha (equivalent to 0.3 USD) before issuing a summons and 20 Zambia Kwacha (equivalent to 1.4 USD) upon hearing of the case concerned in court.[1] The hearing fee is only paid by the party who has lost the case.

Additional court fees may arise during the progress of proceedings at Local Courts level, in order to:

  • Issue a warrant of distress;
  • Execute a warrant of distress;
  • Lodge an appeal to Subordinate Court;
  • Notice of filing of grounds of appeal;
  • Copy the case records (per page);
  • Issue a divorce certificate;
  • Appoint an administrator to administer an Estate (under the Intestate Succession Act);
  • Register a customary marriage;
  • Swear an affidavit.[2]

The court fee required to enter an appeal to Subordinate Court is 50.1 Zambian Kwacha (equivalent to 3.4 USD). Combined with the distance to cover for a community member to reach a Subordinate Court (located in district towns), the complexity of the legal system, the language issue (with the use of English at Subordinate Court level), very few Local Court judgments are appealed against by parties.[3]

6.1.2. At Subordinate Courts level

Fees payable in the Subordinate Court are as follows:[4]

Document Amount (Zambian Kwacha) USD equivalent
1 Writ of Summons 83.0 5.7
2 Default Writ of Summons with un-commissioned Affidavit 108.0 7.4
3 Default Writ of Summons with commissioned Affidavit 91.0 6.2
4 Money Lenders 183.0 12.5
5 Committal Order 133.0 9.1
6 Adoption 158.0 10.8
7 Affiliation and Maintenance 108.0 7.4
8 Originating Notice of Motion 108.0 7.4
9 Judgment Summons 50.0 3.4
10 Ex-parte/Inter-parte Summons, Order and Affidavit 83.0 5.7
11 Praecipe/Notice of Entry of Judgment 50.0 3.4
12 Writ of Fieri Facias (FiFa) 25.0 1.7
13 Notices 25.0 1.7
14 Certificate of Urgency 42.0 2.9
15 Garnishee Summons 33.0 2.3
16 Search of the whole year 167.0 11.4
17 Search 8.0 0.6

6.1.3. At the High Court

Fees payable in the general list of the High Court are as follows:[5]

Process/Document Amount (Zambian Kwacha) USD equivalent
1 Filing writ of summons or originating Process 167.0 11.4
2 Sealing a concurrent writ of summons or originating application 83.0 5.7
3 Sealing any amendment 25.0 1.7
4 Filing summons in chambers 25.0 1.7
5 Filing summons for restoration 83.0 5.7
6 Filing interlocutory notice of motion 83.0 5.7
7 Filing a third party notice 17.0 1.2
8 Sealing a commission or letter of examination or application not

specifically provided for

 34.0 2.3
9 On examination of a witness before an officer of the court (including an examination of a judgment debtor) for each half hour or part thereof –

Away from his/her office reasonable travelling and other expenses are also payable

 83.0 5.7
10 Filing depositions 34.0 2.3
11 Application for copies of the notes of the Judge (per page) 17.0 1.2
12 Filing a Praecipe for a writ of subpoena for each witness 25.0 1.7
13 Filing a Writ of Subpoena 25.0 1.7
14 Filing a commissioned affidavit 8.0 0.6
15 Filing a certificate of service 8.0 0.6
16 Personal general search for every name 8.0 0.6
17 General search for unspecified number of times in a calendar year 833.0 57.1
18 On a search for appearance of any other search (including an inspection) not otherwise provided 8.0 0.6
19 Memorandum of appearance 34.0 2.3
20 Certificate of Urgency 42.0 2.9
21 Filing an order made in chambers 17.0 1.2
22 On entering or sealing an order or reference under Order 20 17.0 1.2
23 On setting or approving an advertisement or any other document or deed (other than judgment or order) 25.0 1.7
24 On entering or setting any matter for hearing in court, except where otherwise provided 83.0 5.7
25 Filing a judgment decree or order given, directed or made in trial, hearing or further consideration of a cause or matter in court (other than matrimonial causes or judgment summons) per day or part thereof 34.0 2.3
26 On hearing Judgment Summons (the Order) 25.0 1.7
27 Filing any other judgment or order 25.0 1.7
28 Filing writ of execution (including writ of attachment) 34.0 2.3
29 Filing a Case Stated 50.0 3.4
30 Any notice not provided for 83.0 5.7
31 For copies of documents or proceedings (per page or part thereof) 17.0 1.2
32 For certifying a copy, an office copy and in addition if under seal 6.0 0.4
33 On Taxation of a Bill of Costs 34.0 2.3
34 Filing application to register a judgment when no fee is provided by the Act 83.0 5.7
35 Election Petition 833.0 57.1
36 On filing application for leave appeal to the Court (the Notice) 25.0 1.7
37 On leave being granted to appeal to the Court (the Order) 25.0 1.7
38 On every bond 34.0 2.3
39 On hearing an appeal (the judgment) 34.0 2.3
40 Petition on Admission to the Bar 334.0 22.9
41 Commissioning or Certification 25.0 1.7
42 Wills 22.0 1.7
43 Deed Polls 111.0 7.6
44 Notarisation (per page) 111.0 7.6
45 Application to be Notary Public 250.0 17.1
46 Application to be Commissioner for Oaths FREE FREE
47 Mediation hearing fee (per party) 375.0 25.7

6.2. Exemption from judicial costs

Legally aided persons are not exempt from paying court fees.

However, according to the High Court Act, “the Court or a Judge may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons, dispense, if it or he sees fit, with the payment of any fees.”[6]

Similarly, according to the Subordinate Courts Act, a Subordinate Court “may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons, dispense, if it sees fit, with the payment of any fees.”[7]

According to the Local Courts Act, “a local court may in its discretion remit all or part of any fees payable when satisfied that the person liable for them is by reason of poverty unable to pay such fees or part thereof, as the case may be, or that there is other good cause for such remission.”[8]

In practice, it was found out in a survey carried out in 2011 to 16 Local Courts that only a few Local Courts were aware of that provision, and almost none of them were using it, therefore requesting for fees to be paid by the litigant before issuing summons.[9]

According to the Legal Aid Act, a court may award costs against a legally aided person. Those costs “shall not, except where the court considers that there was no sufficient cause for that person to institute or defend the proceedings, exceed the contribution which that person was required to make or which the court considers he could reasonably have been required to make under section seventeen, whichever is the greater.” Also, the Legal Aid Act provides that “(2) Costs awarded by a court against a legally aided person shall be paid out of moneys provided for the purpose by Parliament.”[10]

In 2012, the Access to Justice Situation Analysis study identified distance, familiarity and cost (in general) as the most important barriers faced by community members to access the High Court. According to this study, court fees at the High Court, though being beyond the reach of most Zambians, are not in themselves the primary barrier.[11]

With regards to the formal justice system, Local Courts are the majority among formal courts, the most accessible in terms of distance and court fees, and hearing more cases in Zambia in a year than all Subordinate Courts and higher courts of law put together. In other words, the Local Courts are the backbone of civil justice in the country, handling over 100,000 cases per year. Cases relating to customary marriage and family matters, often including related property issues, make up a great part of the work of the Local Courts.[12] In the survey conducted for the Access to Justice Situation Analysis, the Local Courts “scored higher than any other instance (23%) among respondents as the preferred justice provider and the most impartial. 31% rated them as best at finding a lasting solution – again higher than any other provider. The reasons that people cited for this choice were very much associated with closeness, familiarity and a feeling that their voice will be heard”.[13]

6.3. Mechanisms to reduce costs by variations to courts and procedures

The Anti-Gender-Based Violence Act provides that “The Chief Justice may, by rules of court, make provision with respect to the procedure on applications to any court under this Act, and in particular as to – (a) the manner and form for the commencement of an action under this Act (…)” (see section 40). The Rules of Court as issued by the Chief Justice exempt victims of gender-based violence from court fees. Since 2016, the Judiciary has been establishing fast track courts on gender-based violence (presently operating in Lusaka, Kabwe, Mongu, Choma, Chipata, Ndola) in a view to expedite gender-based violence cases.

In addition, Small Claims Courts operate in Lusaka, Kitwe and Ndola. The Small Claims Court is established under the Small Claims Court (Amendment) Act, 2008. It is presided over by Commissioners who are qualified legal practitioners. The Court hears and determines civil matters of liquidated claims (also called liquidated demands – these are claims which can be precisely ascertained or are already ascertained) up to 20,000 Zambian Kwacha (equivalent to 1,370 USD). The Court is intended to be a fast-track Court to deal with small transactions. When adjudicating, a Small Claims Court aims at the reconciliation of the parties and its primary function is to do substantial justice between the parties. Legal representation by legal practitioner is not allowed. The Court is not bound by rules of evidence, but it is mandated to apply the law and equity. No appeal may be filed against a judgement or order of the court. The judgment can only be referred to a panel of three commissioners for review if good cause is shown.[14]

The Lands Tribunal is another example of a specialised court, whose main objective is to offer to the public a fast-track process of resolving land disputes. The Lands Tribunal deals with disputes related to land. It can sit at any place in Zambia where there is a dispute over land. The lands tribunal is not bound by strict rules of evidence. However, “although the lands tribunal provides fast track services, it is still inaccessible to many Zambians hence, it has not dealt with so many disputes. As a result many disputes are still being taken to ordinary courts like Local Courts, Subordinate Courts and other higher courts on appeal.”[15]

7. THE PROTECTION OF DIFFUSE AND COLLECTIVE RIGHTS

7.1. Joinder of claims

It is possible to consolidate two or more claims where there are two parallel actions being pursued by and against the same parties on the same or similar facts. Should this be the case, the two can be consolidated into one cause to be determined by one court. This should be done before trial commences. It can be done by way of summons for the consolidation of causes of action according to the High Court Rules of the High Court Act. This avoids a multiplicity of cases on the same set of facts and avoids two courts potentially coming to different conclusions on those facts.

7.2. Class action / Strategic litigation

The Legal Aid Board engages in class action in civil matters. All plaintiffs submit their details to the Legal Aid Board, who will then represent all of them in court. The Legal Aid Board will usually select some of the plaintiffs to appear in court. Should any other plaintiff insist to appear in court, the Legal Aid Board will include them too.

Also, the National Legal Aid Policy recognises “strategic litigation on a matter of public interest” as fulfilling the interests of justice principle. This will allow the Legal Aid Board to engage further in strategic / public interest litigation.

9. TECHNOLOGICAL INNOVATION AND ACCESS TO JUSTICE

Access to technology in Zambia still faces a number of challenges. According to the 2018 National survey on Access and Usage of Information and Communication Technologies by Households and Individuals published by the Zambia Information and Communications Technology Authority (ZICTA), only 32.9 percent of the households investigated sourced power through a utility company (6 percent in rural areas, 65.5 percent in urban areas). The proportion of households that owned computers was 8.1 percent in 2018 (2.7 percent in rural areas, 14.7 percent in urban areas). Access to internet services among households increased to 17.7 percent in 2018, primarily through mobile phones. Less than 2.7 percent of the households accessed internet services through fixed internet services. The identified barriers included lack of skills, the cost of devices as well as the cost of the service offers on the market. In terms of ICT skills among individuals, only 6.8 percent of individuals across the country reported to know how to use a computer. The majority of individuals with the identified skills were mainly male.[1]

According to this survey, 53.5 percent of all the individuals across the country were active users of mobile cellular telephones, out of which, 83.4 percent were subscribed to at least one local mobile cellular network. The most prominent complaints cited by individuals that indicated that they used mobile cellular phone services was poor clarity of voice calls as well as intermittent network availability or network outages. The proportion of individuals that owned a smartphone as a share of all the people that had owned a mobile phone that was subscribed to a local network increased to 29.6 percent in 2018.The proportion of individuals who indicated that they had used the internet before was 14.3 percent in 2018, primarily through mobile broadband internet services via mobile cellular phones and modems. The main reason cited for those who had never used the internet was lack of knowledge on how to use the internet.[2]

Contacting people through text messages/SMS is generally reliable. Depending on the nature and importance of the message, following-up through a phone call may still be required e.g. should there have been any delays in the distribution of text message/SMS due to intermittent network availability.

Because of the above parameters, the use of technology in the provision of non-legal public services remains limited. However, in the health sector, there have been some initiatives to equip rural health centres with iPad enabling clinical officers to contact a doctor based in another location, to seek advice and guidance on a diagnosis or on the medication that should be followed.

Legal practitioners use Microsoft Office packages to support their operations. The way they communicate depends on the profile of their clients, but primarily rests on the use of phone calls and SMS if dealing with low income clients.

The Legal Aid Board developed a new electronic case management system which can be accessed by the Legal Aid Board staff through computers/laptops, tablets and smartphones, both locally and remotely. This system is complemented by an SMS (e.g. to the clients) / email notification gateway, which can be customised as per the Legal Aid Board requirements. This system is presently being operationalised to all LAB Offices in the country. It supports the Legal Aid Board work and operations and will enhance the efficiency of case processing, client management, consultation management and electronic record keeping.

Civil society organisations and paralegals providing legal aid services to low income clients primarily use phone calls and SMS to communicate with their clients. Some of the paralegals have computers and use Microsoft Office packages to assist their work. This primarily depends on the level of funding received by the organisation they are affiliated to.

The referral of people to other legal aid service providers or other relevant institutions / organisations is usually done through phone calls and/or drafting referral letters. Similarly, helping self-represented litigants to take their own cases is done by paralegals or other legal aid staff through meetings with the client.

Civil society organisations and paralegals regularly use local and national radios to carry out awareness raising campaigns including in local languages, on selected legal and human rights topics, with information on available legal aid services.

Lifeline / Childline Zambia has established a toll free 116 Child helpline and 933 Gender Based Violence line to provide counselling, guidance and referral services on various social and health problems that affect the Zambian community. They operate a 24/7/365 telephone counselling service and outreach services for children and adults that face problems like child abuse, child marriage, child protection, child labour, gender-based violence, HIV/AIDS counselling etc. Lifeline / Childline Zambia received 408’605 calls in 2014.

The following civil society organisation, Undikumbukire Project Zambia (UP Zambia), is presently developing audio podcasts to be used by inmates, with information on their basic human rights and legal court proceedings in local and national languages.

There is no online dispute resolution system in place in Zambia.

12. GLOBAL EFFORTS ON ACCESS TO JUSTICE

The Legal Aid Board participated in the 2017 International Conference on Legal Aid organised in Johannesburg, South Africa by the International Legal Aid Group (ILAG). In 2018, the Paralegal Alliance Network (PAN) in Zambia joined the International Legal Aid Conference (ILAC) held in Tbilisi, Georgia.

In 2019, PAN organised with the Paralegal Advisory Service Institute (PASI) – Malawi a Regional Conference on Paralegals in the SADC Region, held in Lusaka, with support from Open Society. Still in 2019, the Registrar of Legal Aid from the Ministry of Constitutional and Legal Affairs in Tanzania together with the Legal Services Facility (LSF) Tanzania, carried out an advance visit to Zambia to exchange and discuss on paralegal training schemes, legal desks in courts, correctional facilities and police stations, the cooperation between state and non-state legal aid service providers, and the development of the legislative and policy framework.

In February 2020, the Ministry of Justice, the Legal Aid Board and the National Legal Aid Clinic for Women took part in a regional exchange meeting bringing together legal aid actors from Zimbabwe, Malawi, Tanzania and Zambia. The meeting took place in Harare, Zimbabwe, gathering state legal aid institutions, law societies and civil society organisations working with paralegals, discussing promising and innovative legal aid practices in the region.

Moving forward, the Legal Aid Board is interested to continue engaging and sharing knowledge and experience, building linkages and developing strategic partnerships with other Legal Aid Boards / legal aid institutions and organisations.

At national level, a number of civil society organisations engaged in legal aid and paralegalism formed the Paralegal Alliance Network (PAN) as an umbrella organisation providing coordination and services for civil society legal aid providers in Zambia. Formed in 2000, PAN was formally registered in 2013. PAN’s mission is to leverage the collective power of its network of 15 civil society organisations to improve access to justice for all indigent including detainees and persons with disabilities. The aim of PAN is to enhance the capacity of its member organisations in offering legal aid services to the poor and vulnerable groups, by strengthening the role of paralegals in the justice system.

13. CONCLUSIONS

According to the 2012 Access to Justice Situation Analysis study, the justice system in Zambia faces issues of case backlogs, delayed administration of justice and congestion in correctional facilities.[1] In its 2017-2018 report on the State of Human Rights in Zambia, the Zambia Human Rights Commission emphasised that “the findings on delays in justice delivery were alarming. Suspects in many cases had to wait for more two years for their case to be cause listed, to get a committal certificate, to get their trial concluded, to get their appeals heard, to get orders confirmed by higher courts including to be conveyed to reformatory or approved schools for young lads”.[2]

This being said, a number of promising developments are currently taking place in the justice sector in Zambia, with some notable improvements that can already be seen on the ground.

At political level, the Government of the Republic of Zambia has committed itself to enhancing equal access to justice particularly for the poor and vulnerable people, as part of its efforts to observe the rule of law and adhere to human rights, in line with the Seventh National Development Plan 2017-2021 and the National Vision 2030 of the Republic of Zambia. Under that framework, the Government sees legal aid as a central element to enhance access to justice. In particular, the Seventh National Development Plan is based on the adoption of the National Legal Aid Policy, as well as the strengthening of the Judiciary and the National Prosecution Authority, and the enhancement of the parole system.[3]

Spearheaded by the Ministry of Justice and the Legal Aid Board, the development of the National Legal Aid Policy and its adoption by the Government of the Republic of Zambia in 2018 constitutes a major turning point. As presented above (see 5.12. Peculiarities of legal aid in Zambia), the National Legal Aid Policy is based on an holistic approach to legal aid and contains the following key innovations: 1) it expands the mandate and functions of the Legal Aid Board to include the coordination, regulation and monitoring of the legal aid system; 2) it broadens the definition of legal aid to include the full spectrum of legal services including primary and secondary legal aid; 3) it recognises paralegals and legal assistants (LL.B degree holders), as well as civil society organisations and university law clinics in the delivery of legal aid; 4) it establishes a mixed legal aid delivery system involving complementary legal aid service delivery models based on cooperation and engagement between state and non-state legal aid service providers; 5) it strengthens the role of the legal profession in the delivery of legal aid through the establishment of a comprehensive pro bono framework; and 6) it establishes a duty for judges, judicial officers, correctional facility officers, police officers, prosecutors and any other law enforcement officers to inform persons on their right to apply for legal aid and the availability of legal aid services.

On the ground, a network of 16 legal desks based at court (Legal Services Units), correctional facility and police station levels is in operation, providing legal aid in 2019 to over 13,000 poor and vulnerable persons in contact with the justice system. Since the beginning of this initiative in 2013, more than 30,000 persons in total received legal aid.

These 16 desks contribute to increasing access to pre-trial measures in terms of number of police bond and court bails granted and executed, improving case flow at court level and helping to decongest correctional facilities. In 2019, criminal cases provided with legal representation through the Legal Services Units in Southern Province in Zambia were concluded within four to five months on average. From these cases, 39% were acquitted, discharged, withdrawn or diverted away from the criminal justice system. 30.5% received a non-custodial sentence and only 30.5% were sentenced to imprisonment. Finally, these 16 desks help increasing the use of diversion measures for juvenile suspects and accused juveniles (8% of the Legal Services Units and desks’ clients in 2019).

In terms of improved coordination and efficiency in the justice sector, the Judiciary plays a key role through the Communication, Cooperation and Coordination Initiative (CCCI) platform, where justice institutions and other key justice stakeholders meet on a regular basis at district level in the provinces, addressing selected issues affecting case flow and justice delivery, and improving collaboration and engagement among justice institutions. The Judiciary also established some fast track courts such as on gender-based violence, and formed a Task Force on Backlog, comprising six judges, who have been assigned to a countrywide exercise, to handle matters in backlog cases.[4]

Overall, the continued implementation of the National Legal Aid Policy over the next years and the expansion of legal aid services across Zambia should support the speedy processing of cases and the reduction of correctional facility populations. It will also assist the poor and vulnerable people in Zambia to claim their rights and seek remedies, thereby contributing to the social and economic development of the country.

BIBLIOGRAPHY

[3] Constitution of Zambia (Amendment) Act No. 2 of 2016, Preamble and Article 4.

[4] Ibid, Article 8.

[5] Ibid, Article 5(1).

[6] Reference Training Manual for Paralegals Level 1 in Zambia, 1st Edition, January 2019, the Zambia Institute of Advanced Legal Education.

[7] https://tradingeconomics.com/zambia/population.

[8] https://www.zambiatourism.com/about-zambia/people.

[9] Constitution of Zambia (Amendment) Act No. 2 of 2016, Article 258.

[10] Ibid, Preamble.

[11] https://tradingeconomics.com/zambia/gdp.

[12] United Nations, Human Development Report 2019, Zambia, http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/ZMB.pdf.

[13] Ibid.

[14] https://data.worldbank.org/indicator/SI.POV.GINI?locations=ZM.

[15] The World Bank, Zambia Overview, https://www.worldbank.org/en/country/zambia/overview.

[16] Hansungule, M. & Mwansa, T.K. 1993. Land tenure reform in Zambia: another view. Paper presented at the National Conference on Land Policy and Legal Reform, Lusaka, Zambia, 21-22 July 1993.

[17] Reference Training Manual for Paralegals Level 3 in Zambia, 1st Edition, October 2018, Caritas Zambia.

[18] Constitution of Zambia (Amendment) Act No. 2 of 2016, Article 266.

[19] Ibid, Article 120.

[20] Reference Training Manual for Paralegals Level 3 in Zambia, 1st Edition, October 2018, Caritas Zambia.

[21] Reference Training Manual for Paralegals Level 3 in Zambia, 1st Edition, October 2018, Caritas Zambia.

[22] Ibid.

[23] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, p. 245.

[24] Constitution of Zambia (Amendment) Act No. 2 of 2016, Article 118 (2)(d) and (3).

[25] Reference Training Manual for Paralegals Level 3 in Zambia, 1st Edition, October 2018, Caritas Zambia.

[26] The Legal Practitioners Act Cap 30, Section 20.

[27] Ibid, Section 12 and 13A.

[28] Savenda Managment Services Limited v Stanbic Bank, Gregory Chifire SC No. 47 of 2018.

[29] The Local Courts Act Cap 29, Section 15.

[30] National Legal Aid Policy, 2018, Republic of Zambia, https://www.moj.gov.zm/?wpfb_dl=45

https://www.humanrights.dk/sites/humanrights.dk/files/media/national_legal_aid_policy_zambia_adopted.pdf.

[31] Reference Training Manual for Paralegals Level 1 in Zambia, 1st Edition, January 2019, Zambia Institute of Advanced Legal Education (ZIALE).

[32] The Judicature Act, Cap 24 of the Laws of Zambia.

[33] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, p. 110.

[34] Constitution of Zambia (Amendment) Act No. 2 of 2016, Articles 122 and 123.

[35] Ibid, Article 140.

[36] Ibid, Article 142.

[37] Ibid, Article 143.

[38] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, pp. 111, 118, 126, 235.

[39] Ibid.

[40] The National Prosecutions Authority Act 2010, Section 9.

[41] The Criminal Procedure Code, Chapter 88 of the Laws of Zambia.

[42] The Criminal Procedure Code Act, Section 26.

[43] Attorney General v Sam Amos Mumba 1984 ZR 14.

[44] The Criminal Procedure Code Act, Section 33.

[45] Katebe V the People 1975 ZR 13.

[46] The Criminal Procedure Code, Section 191.

[47] Ibid, Sections 99 and 200.

[48] Ibid, Section 199.

[49] Ibid, Section 204.

[50] Ibid, Section 204(2).

[51] Ibid, Section 206.

[52] Ibid, Sections 201 and 211.

[53] Ibid, Section 214.

[54] The State of Human Rights in Zambia, 2017-2018, the Zambia Human Rights Commission.

[55] Danish Institute for Human Rights, Human Rights Data Explorer, https://sdgdata.humanrights.dk/en/explorer?country=1024&mechanism=UPR&sdg=All&group=All&target=106663&treaty=All&procedure=All&response=All&cycle=All&year=&year_end=2017&keywords=&recomtype=1032&historic=All

[56] High Court of Zambia, Simplified Court Processes and Procedures, the Judiciary of Zambia, http://www.judiciaryzambia.com/wp-content/uploads/2019/08/Here.pdf

[57] The Intestate Succession Act, Chapter 59 of the Laws of Zambia, section 19 (1) (ii).

[58] Statutory Instrument No. 71 of 1997.

[59] Ibid.

[60] The Arbitration Act No. 19 of 2000, Section 10.

[61] High Court of Zambia, Simplified Court Processes and Procedures, the Judiciary of Zambia, http://www.judiciaryzambia.com/wp-content/uploads/2019/08/Here.pdf.

[62] The Criminal Procedure Code Act, Section 8.

[63] The World Justice Project, https://worldjusticeproject.org/sites/default/files/documents/ROLI-2019-Reduced.pdf.

[64] The Seventh National Development Plan 2017-2021, Republic of Zambia, https://www.mndp.gov.zm/wp-content/uploads/2018/05/7NDP.pdf.

[65] The National Legal Aid Policy, 2018, Republic of Zambia, Chapter One.

[66] The Legal Aid Act, Chapter 34 of the Laws of Zambia, http://www.parliament.gov.zm/sites/default/files/documents/acts/Legal%20Aid%20Act.pdf,

https://zambialii.org/system/files/legislation/act/2000/17/laa2000144.pdf,

https://zambialii.org/system/files/legislation/act/2005/19/laaa2005144.pdf.

[67] Ibid.

[68] The Legal Services Units in Zambia, Securing Rights of the Poor and Vulnerable at Court Level, 2018, Presentation Brochure, PLEED Programme.

[69] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, pp. 137-138, https://www.academia.edu/20028811/Access_to_Justice_in_the_Republic_of_Zambia_A_Situation_Analysis.

[70] All amounts in Zambian Kwacha (ZMW) are converted to US Dollars based on the exchange rate 25 February 2020: 1 US Dollar equals 14,60 ZMW.

[71] Stakeholder Consultation Meeting on the Draft Amendments to the Legal Aid Act, organised by the Ministry of Justice, Lusaka, 12-13 June 2019.

[72] Ibid.

[73] Ibid.

[74] Ibid.

[75] Ibid.

[76] Ibid.

[77] Stakeholder Consultation Meeting on the Draft Amendments to the Legal Aid Act, organised by the Ministry of Justice, Lusaka, 12-13 June 2019.

[78] Ibid.

[79] Ibid.

[80] Ibid.

[81] Ibid.

[82] Ibid.

[83] Ibid.

[84] See Report of the Committee on Legal Affairs, Human Rights, National Guidance, Gender Matters and Governance for the Third Session of the Twelfth National Assembly, page 21, http://www.parliament.gov.zm/sites/default/files/documents/committee_reports/Legal%20Affairs.pdf.

[85] See Local Courts Act, Rule 8(1) §1.

[86] List of court fees according to Statutory Instrument No. 70 of 2005.

[87] In a survey carried out in 11 Local Courts, the Danish Institute for Human Rights (DIHR) identified that only 1.3% of the Local Court judgments were appealed against, see Pilot Scheme for Enhancement of Justice at Community Level in Zambia, Completion Report 2011-13, DIHR.

[88] Extract from Simplified court processes and procedures, Subordinate Courts, the Judiciary of Zambia, https://www.judiciaryzambia.com/service-charters/subordinate-court-service-charter.

[89] Extract from Simplified court processes and procedures, High Court of Zambia, the Judiciary of Zambia, https://www.judiciaryzambia.com/service-charters/service-charter-for-the-high-court.

[90] See High Court Act, Rule 4.

[91] See Subordinate Courts Act, Rule 5.

[92] See Local Courts Act, Rule 8(1) §2.

[93] Pilot Scheme for Enhancement of Justice at Community Level in Zambia, Initial Scoping Missions, DIHR Report, January 2012.

[94] See Local Courts Act, Section 20(1) and (2).

[95] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, pp. 118.

[96] Pilot Scheme for Enhancement of Justice at Community Level in Zambia, Completion Report 2011-13, DIHR.

[97] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, pp. 118.

[98] Small Claims Court, the Judiciary of Zambia, https://www.judiciaryzambia.com/small-claims-court.

[99] See Paralegal Level 1, Unit A2.5 Land Law and Housing, Reference Training Manual, Zambia Institute of Advanced Legal Education, 2019.

[100] Complaint handling procedure, Law Association of Zambia, http://www.laz.org.zm/wp-content/uploads/2014/07/Complaint-handling-procedure.pdf.

[101] Ibid.

[102] See Legal Practitioners Act, First Schedule.

[103] See Report of the Committee on Legal Affairs, Human Rights, National Guidance, Gender Matters and Governance for the Third Session of the Twelfth National Assembly, page 21, http://www.parliament.gov.zm/sites/default/files/documents/committee_reports/Legal%20Affairs.pdf.

[104] https://www.zicta.zm/Downloads/publications/2018%20ICT%20Survey%20_%20Preliminary%20Report.pdf.

[105] Ibid.

[106]Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012.

[107] Reference Training Manual for Paralegals Level 3 in Zambia, 1st Edition, October 2018, Caritas Zambia.

[108] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012, pp. 272,273.

[109] Pilot Scheme for Enhancement of Justice at Community Level in Zambia, Completion Report 2011-2013, Key Achievements and Recommendations, DIHR.

[110] Access to Justice in the Republic of Zambia, A Situation Analysis carried out on behalf of the Governance Department in the Ministry of Justice, Danish Institute for Human Rights, May 2012.

[111] The State of Human Rights in Zambia, 2017-2018, the Zambia Human Rights Commission.

[112] The Seventh National Development Plan 2017-2021, Republic of Zambia, https://www.mndp.gov.zm/wp-content/uploads/2018/05/7NDP.pdf

[113] http://www.judiciaryzambia.com/2019/02/27/the-task-force-on-backlog-livingstone.