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Judicature
Part VI The Judicature
Article 91: Courts
- The Judicature of the Republic shall consist of:
- the Supreme Court of Zambia;
- the High Court of Zambia; and
- such other courts as may be prescribed by an Act of Parliament.
- The judges of the courts mentioned in clause (1) shall be independent, impartial and subject only to this Constitution and the law.
- The Judicature shall be autonomous and shall be administered in accordance with the provisions of an Act of Parliament.
Article 92: Supreme Court
- There shall be a Supreme Court of Zambia which shall be the final court of appeal for the Republic and shall have such jurisdiction and powers as may be conferred on it by this Constitution or any other law.
- The judges of the Supreme Court shall be -
- the Chief Justice;
- the Deputy Chief Justice;
- three Supreme Court judges or such greater number as may be prescribed by an Act of Parliament.
- The office of the Chief Justice, Deputy Chief Justice or of a Supreme Court judge shall not be abolished while there is a substantive holder thereof.
- The Supreme Court shall be a superior court of record, and, except as otherwise provided by Parliament, shall have all the powers of such a court.
- When the Supreme Court is determining any matter, other than an interlocutory matter, it shall be composed of an uneven number of judges not being less than three.
- The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers of the Supreme Court.
Article 93: Appointment of Judges of Supreme Court
- The Chief Justice shall be appointed by the President subject to ratification by the National Assembly.
- The judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President.
- If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of his office, then, until a person has been appointed to, and has assumed the functions of, that office or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions.
- Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or if the Deputy Chief Justice is appointed to act as Chief Justice or is on leave or is for any other reason unable to perform the functions of his office, the President may appoint another judge of the Supreme Court to act as Deputy Chief Justice.
- If the office of the Deputy Chief Justice or of a Supreme Court judge is vacant, or if the Deputy Chief Justice is appointed to act as Chief Justice, or if any Supreme Court judge is appointed to act as Chief Justice or Deputy Chief Justice, or if the Deputy Chief Justice or any Supreme Court judge is on leave or is for any reason unable to perform the functions of his office, the President may appoint a person qualified for appointment as a judge of the Supreme Court to act as the Deputy Chief Justice or a Supreme Court judge as the case may be: Provided that a person may act as the Deputy Chief Justice or a Supreme Court judge notwithstanding that he has attained the age prescribed by Article 98.
- A puisne judge appointed to act as the Deputy Chief Justice or a Supreme Court judge, as the case may be, pursuant to clause (4) or (5), shall continue to be a judge of the High Court and may continue to perform the functions of the office of puisne judge.
Article 94: High Court
- There shall be a High Court for the Republic which shall have, except as to the proceedings in which the Industrial Relations Court has exclusive jurisdiction under the Industrial Relations Act unlimited or original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law.
- The Chief Justice shall be ex-officio a judge of the High Court.
- The other judges of the High Court shall be such number of puisne judges as may be prescribed by Parliament.
- The office of a puisne judge shall not be abolished while there is a substantive holder.
- The High Court shall be a superior court of record and, except as otherwise provided by Parliament, shall have the powers of such a court.
- The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court-martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
- The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by clause (5).
Article 95: Appointment of Judges and Commissioners of High Court
- The puisne judges shall, subject to ratification by the National Assembly, be appointed by the President on the advice of the Judicial Service Commission.
- The President, acting on the advice of the Judicial Service Commission, may, if he considers that the interests of the administration of justice so require, appoint a person to be a Commissioner of the High Court for such period as the President may determine.
- A person shall not be qualified for appointment as a Commissioner of the High Court unless he is qualified for appointment as a puisne judge: Provided that a person may be appointed as Commissioner of the High Court notwithstanding that he has attained the age prescribed by Article 98.
- Subject to the terms of his appointment, a Commissioner of the High Court shall have all the jurisdiction, powers, and privileges and duties of a puisne judge, and any reference in any law to a puisne judge shall be construed accordingly.
Article 96: Continuing Offices
- Any person appointed under Article 93 to act as a judge of the Supreme Court shall continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President: Provided that the President may permit a person whose appointment to act as a judge of the Supreme Court has expired or been revoked to continue to act for such period as may be necessary to enable that person to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously.
- Any person appointed under Article 95 to hold office as a Commissioner of the High Court shall continue to hold office for the period of his appointment or until his appointment is revoked by the President, acting on the advise of the Judicial Service Commission: Provided that the President, acting on the advice of the Judicial Service Commission, may permit a person whose appointment to hold office as a Commissioner of the High Court has expired or been revoked to continue to hold office for such period as may be necessary to enable that person to deliver judgement or to do any other thing in relation to proceedings that were commenced before him previously.
Article 97: Qualifications for Appointment as Supreme Court and Puisne Judges
- Subject to clause (2), a person shall not be qualified for appointment as a judge of the Supreme Court or a puisne judge unless -
- he holds or has held high judicial office; or
- he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.
- Where the President or the Judicial Service Commission, as the case may be, is satisfied that, by reason of special circumstances, a person who holds one of the specified qualifications is worthy, capable and suitable to be appointed as a judge of the Supreme Court or a puisne judge, notwithstanding that he has not held one or other of those qualifications for a total period of not less than seven years, the President acting in the case of a puisne judge in accordance with the advice of the Judicial Service Commission, may dispense with the requirement that such person shall have held one or other of the specified qualifications for a total period of not less than seven years.
- In this Article "the specified qualifications" means the professional qualifications specified in the Legal Practitioners Act, one of which must be held by any person before he may apply under that Act to be admitted as a practitioner in the Republic.
- For the purposes of this Article and of Articles 93 and 94 "a person qualified for appointment" as a judge of the Supreme Court or a puisne judge includes a person in respect of whom the President, or as the case may be the Judicial Service Commission is satisfied as provided for in clause (2).
Article 98: Tenure of Office of Judges of Supreme and High Court
- Subject to the provisions of this Article, a person holding the office of a judge of the Supreme Court or the office of a judge of the High Court shall vacate that office on attaining the age of sixty five year: Provided that the President -
- may permit a judge of the High Court in accordance with the advice of the Judicial Service Commission, or a judge of the Supreme Court, who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him before he attained that age:
- may appoint a judge of the High Court in accordance with the advice of the Judicial Service Commission or a judge of the Supreme Court, who has attained the age of sixty-five years for such further period, not exceeding seven years, as the President may determine.
- A judge of the Supreme Court or of the High Court may be removed from office only for inability to perform the functions of his office, whether or arising from infirmity of body or mind or for misbehavior, and shall not be so removed except in accordance with the provisions of this Article.
- If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then -
- he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office;
- the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article for inability as aforesaid or for misbehavior.
- Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability as aforesaid or for misbehavior, the President shall remove such judge from office.
- If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office.
- The provisions of this Article shall be without prejudice to the provisions of Article 96.
Article 99: Oaths to be Taken by Judge
A judge of the Supreme Court or of the High Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by or under an Act of Parliament: Provided that a person who has once taken and subscribed the said oaths may enter upon the duties of any such office without again taking and subscribing such oaths.
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