CONSTITUTIONAL COURT ACT
Arrangement of Sections
Section
PART I
PRELIMINARY PROVISIONS
1. Short title
2. Interpretation
PART II
CONSTITUTION AND GENERAL POWERS OF THE COURT
3. Constitution of court
4. Sittings of court
5. Powers of single judge of court
6. Restriction regarding sitting on appeals
7. Seal
8. Jurisdiction of court
9. Practice and procedure
10. Process and execution of judgment of court
11. Right of audience
12. Friend of court
PART III
EVIDENCE
13. Summoning and compelling attendance of witnesses
14. Refusal to be sworn or to give evidence
15. Evidence of bystander
16. Evidence of prisoner
17. Allowances to witnesses
18. Inspection
19. Evidence of Zambian customary law and assessors
20. Record of evidence, etc
21. Recording of proceedings
22. Perjury
PART IV
APPEALS
23. Right of appeal
24. Restrictions on appeals
25. Powers of court on appeal
PART V
GENERAL PROVISIONS
26. Registrar and officers of court
27. Establishment of Registry
28. Administration of oaths
29. Warrant for production of appellant before court
30. Costs
31. Rules of court
32. Transitional provisions
Act 8 of 2016.
MATTER MISSING - SECTIONS 1 TO 3
(5) The determination of any question before the court shall be according to the opinion of the majority of the judges of the court hearing the case.
(1) The sittings of the court shall usually be held at Lusaka but may be held at such other place in accordance with a circuit schedule issued by the Chief Justice.
(2) Subject to the provisions of this Act, the court shall, at a sitting, be composed of such judges of the court as the President may direct.
5. Powers of single judge of court
A single judge of the court may exercise a power vested in the court not involving the decision of an appeal or a final decision in the exercise of its original jurisdiction.
6. Restriction regarding sitting on appeals
A judge of the court shall not sit on the hearing of an appeal or exercise power under section 5 in respect of an appeal from a judgment given by that judge or a judgment given by a court of which that judge sat as a member.
The court shall have a seal approved by the Chief Justice.
(1) Subject to Article 28 of the Constitution, the court in exercise of its original and final jurisdiction may determine—
(a) a matter relating to the interpretation of the Constitution;
(b) a matter relating to a violation or contravention of the Constitution;
(c) a petition to challenge the nomination of a candidate for election as Republican President;
(d) a matter relating to the Republican President, Vice President or the election of a Republican President;
(e) appeals relating to election of Members of Parliament and councillors;
(f) an application to review a decision of the Electoral Commission of Zambia in the delimitation of constituencies and wards;
(g) a matter referred to the court by the Republican President pursuant to the Constitution; and
(h) whether or not a matter falls within the jurisdiction of the court.
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(2) Subject to Article 28(2) of the Constitution, where a question relating to the Constitution arises in a court, the person presiding in that court shall refer the question to the court.
(3) Subject to Article 28 of the Constitution, a person who alleges that—
(a) an Act of Parliament or statutory instrument;
(b) an action, measure or decision taken under any written law; or
(c) an act, omission, measure or decision by a person or an authority,
contravenes the Constitution, may petition the court for redress.
(4) The court shall hear and determine—
(a) appeals from the High Court to challenge the election of a Member of Parliament;
(b) appeals from a tribunal; and
(c) any other matter as may be conferred upon it by or under the Constitution or any other written law.
The jurisdiction vested in the court shall, as regards practice and procedure, be exercised in the manner provided by this Act and the rules.
10. Process and execution of judgment of court
Service of the process of the court may be effected throughout Zambia and a judgment of the court shall be executed and enforced in like manner as if it were a judgment of the High Court.
(1) The parties to a matter before the court may appear in person or be represented and appear by a practitioner.
(2) Subject to sub-section (1), a court proceeding may be instituted by—
(a) a person acting on behalf of another person who cannot act in their own name;
(b) a person acting as a member of, or in the interest of, a group or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its members.
(3) The Public Prosecutor may bring an action before the court in accordance with the Constitution.
(1) The court may allow a person with expertise in a particular matter which is before the court to appear as a friend of the court.
(2) Leave to appear as a friend of the court may be granted to a person on application orally or in writing.
(3) The court may, on its own motion, request a person with expertise to appear as a friend of the court in a matter before it.
PART III
EVIDENCE
13. Summoning and compelling attendance of witnesses
(1) The court may, in any suit or matter in which the court is exercising original jurisdiction—
(a) summon a person to give evidence or produce a document in that person’s possession or power; and
(b) examine a person as a witness and require the person to produce any document in that person’s possession or power.
(2) The court may, at any stage of a suit or matter, exercise the power in sub-section (1) on its own motion or on the application of a party to the suit or matter.
(3) A person who is summoned and given reasonable notice of the time and place at which that person is required to attend, in accordance with sub-section (1), but fails to attend without reasonable excuse commits contempt of court and may be proceeded against by warrant to compel that person’s attendance.
14. Refusal to be sworn or to give evidence
(1) A person who appears before the court in obedience to a summons or under warrant and being required to give evidence refuses to—
(a) take an oath;
(b) answer a question lawfully put to that person; or
(c) produce a document in that person’s possession or power,
commits contempt of court and may, by warrant, be committed to prison by the court.
(2) A person committed to prison under sub-section (1) shall remain in prison until that person consents to take the necessary oath, answer the question or produce the document required under that sub-section.
(3) A person’s liability under sub-section (1) does not affect any other liability that may attach to that person for a contravention of that sub-section.
A person who is present in court, whether as a party in a matter or not, may be compelled by the court to give evidence or to produce a document in that person’s possession or power, in the same manner and subject to the same rules as if that person had been duly summoned to attend and give evidence or to produce that document, and may be dealt with under the provisions of section 14 for any refusal to obey the order of the court.
A judge may issue a warrant under the judge’s hand to bring up a person confined as a prisoner under a sentence or otherwise, to be examined as a witness in any matter pending in the court, and the jailer or person in whose charge that prisoner is shall obey the warrant by bringing up the prisoner in custody and delivering that prisoner to an officer of the court.
(1) The court may order, and allow to be paid to a person required to attend or be examined, as a witness, such sum of money as the Chief Justice may, with the approval of the Minister responsible for finance, prescribe for defraying the reasonable expenses of that person.
(2) A sum of money allowed under sub-section (1) shall be paid by the party on whose behalf the witness is called, and shall be recoverable as ordinary costs of the hearing unless the court orders otherwise.
The court may, in any matter, make an order for inspection by the court, the parties or witnesses, of any real or personal property, the inspection of which may be material to the determination of the matter in dispute, and may give such directions with regard to that inspection as the court considers necessary.
19. Evidence of Zambian customary law and assessors
(1) The court may, in any matter in which a question of Zambian customary law is material to the matter—
(a) call as a witness a person whom the court considers to have special knowledge of Zambian customary law;
(b) call a chief or person, to the court’s assistance, as an assessor of Zambian customary law; or
(c) consult and, to the extent necessary, give effect to any book or publication which the court considers to be an authority on Zambian customary law.
(2) An assessor called as a witness under sub-section (1) shall advise the court on all matters of Zambian customary law, which may arise in the matter concerned, and tender the assessor’s opinion to the court on the matter generally, but in reaching its decision the court is not bound by the assessor’s opinion.
(3) An assessor called under sub-section (1) shall be paid such fees and allowances as the Chief Justice may prescribe, with the approval of the Minister responsible for finance.
(4) The fees and allowances under sub-section (3) shall be paid out of the Consolidated Fund unless the court orders otherwise.
(5) An assessor called under this section shall take an oath prescribed in the rules.
(1) A party to a matter before the court is, on payment of such fee as may be prescribed by the rules, entitled to a copy of the record of evidence given in that matter.
(2) Despite sub-section (1), a person is not entitled, as of right at any time or for any purpose, to inspect a copy of a record of evidence given in a matter before the court, or to a copy of the notes of the court, except where expressly provided by the rules.
The proceedings in a matter before the court shall be taken down and recorded in a manner prescribed by the rules.
(1) Where it appears to the court that a person has committed perjury in any proceeding before the court, the court may call that person to show cause why the person should not be convicted for perjury.
(2) Where a person fails to show cause why the person should not be convicted for perjury, the court shall convict the person.
(3) A person convicted under sub-section (2) is liable to a fine not exceeding fifty thousand penalty units or imprisonment for a term not exceeding six months, or to both.
(4) A penalty imposed under this section is a bar to any other criminal proceedings in respect of the same offence.
PART IV
APPEAL
(1) Subject to Article 28 of the Constitution and section 24, an appeal shall lie to the court from a judgment of the High Court in a constitutional matter.
(2) An appeal shall lie to the court from a judgment of a tribunal.
(1) An appeal shall not lie—
(a) from an order allowing an extension of time for appealing from a judgment;
(b) from an order of a judge of the court giving unconditional leave to defend an action;
(c) from a judgment given by the High Court in the exercise of its appellate or revisional jurisdiction without the leave of the High Court or, if that has been refused, without the leave of the court;
(d) from an order made with the consent of the parties or from an order as to costs only which by law is left to the discretion of the court or tribunal without the leave of the court or of the judge who, or tribunal which, made the order or, if that has been refused, without the leave of a judge of the court; or
(e) from an order made in chambers by a judge of the High Court or by a tribunal, or from an interlocutory order or interlocutory judgment made or given by a judge of the High Court or by a tribunal, without the leave of that judge or, if that has been refused, without the leave of a judge of the court, except in the following cases—
(i) where the liberty of the subject or the custody of infants is concerned; or
(ii) where an injunction is granted or refused.
(2) An order refusing unconditional leave to defend an action is not an interlocutory order or interlocutory judgment within the meaning of sub-section (1)(e).
(1) The court may, on the hearing of an appeal—
(a) confirm, vary, amend or set aside the judgment appealed from or give such judgment as the case may require;
(b) where necessary or expedient in the interest of justice—
(i) order the production of a document, exhibit or other thing connected with the proceedings, the production of which appears to the court necessary for the determination of the case;
(ii) order a witness who would have been a competent and compellable witness at the trial to attend and be examined before the court, whether the witness was or was not called at the trial, or order the examination of the witness to be conducted in the manner provided by the rules before any judge of the court or before an officer of the court or other person appointed by the court for the purpose, and allow the admission of a deposition so taken before the court;
(iii) receive the evidence, if tendered, of any witness or party who is a competent but not compellable witness, and if a party makes an application for the purpose, of the spouse of that party in cases where the evidence of the spouse could not have been given at the trial except on application to the trial court or tribunal; or
(iv) remit the case to the High Court or tribunal for further hearing, with instructions regarding the taking of further evidence or otherwise, as necessary; or
(c) set aside the judgment appealed against and order a new trial to be held where the court determines that a new trial should be held.
(2) The court shall, where the court gives instructions for the taking of further evidence under sub-section (1)(b)(iv), make an order to allow the parties to the proceedings to examine a witness whose evidence is taken.
PART V
GENERAL PROVISIONS
26. Registrar and officers of court
(1) The Judicial Service Commission shall appoint a Registrar of the court and such other officers as may be necessary to give effect to the provisions of this Act.
(2) The Registrar shall—
(a) be responsible for the day-to-day administration of the Registry; and
(b) administer oaths and perform such other functions as the Chief Justice may, by rules, prescribe or as may be directed by a special order of the court.
The Registry of the court shall be at Lusaka.
(1) The court or a judge of the court may require and administer an oath for purposes of this Act.
(2) The form of an oath shall be as prescribed in the rules.
29. Warrant for production of appellant before court
When the presence of an appellant who is in custody in a habeas corpus matter is necessary or desirable at the hearing of an appeal or where the appellant exercises the right to be present at the hearing of the appeal, a judge of the court may issue a warrant for the production of the appellant at the appeal.
The court has discretion to award costs in any proceedings under this Act.
(1) The Chief Justice may, by statutory instrument, make rules for regulating—
(a) the practice and procedure of the court and with respect to appeals to, or reviews by, the court;
(b) the time within which any requirement of the rules is to be complied with;
(c) the costs of, and incidental to, any proceedings in the court;
(d) the fees to be charged in respect of proceedings; and
(e) any other matter which is necessary for purposes of this Act.
(2) The Chief Justice may issue practice directions for the better carrying out of the rules.
(1) Proceedings pending before the High Court which, under the Constitution are required to be commenced before the court, shall continue to be heard and determined by the High Court.
(2) An appeal pending before the Supreme Court which, under the Constitution, is required to be heard by the court shall continue to be heard and determined by the Supreme Court.
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