LEGAL AID ACT: SUBSIDIARY LEGISLATION (CHAPTER 34 )

"œappropriate legal aid committee" means the legal aid committee of the District in which the applicant for legal aid resides or the legal aid committee of an adjoining District or any legal aid committee to which an application is referred by the Director under the provisions of regulation 7;

"œfactories inspector" means any person appointed an inspector under the provisions of section 6 of the Factories Act;

"œlabour officer" means any person appointed or deemed to have been appointed as a labour officer under the provisions of section 4 of the Employment Act, and includes the Principal Labour Officer, a Senior Labour Officer, an Administrative Officer, a Senior Labour Assistant and a labour assistant;

"œsecretary" means the secretary of an appropriate legal aid committee;

"œSocial Welfare Officer" includes any Senior Social Welfare Officer, District Social Welfare Officer, Assistant Social Welfare Officer, or any person performing the duties of an Assistant Social Welfare Officer;

"œWorker's Compensation Commissioner" means the Worker's Compensation Commissioner appointed under the provisions of section 13 of the Workmen's Compensation Act.

3. Practitioners' remuneration

The remuneration to be paid to a practitioner under section 6(2) of the Act shall be as set out in the First Schedule.

4. Legal aid committee

Every legal aid committee established under the Act shall consist of the District Secretary, who shall be secretary to the committee, and such other persons resident in the District, not exceeding six in number, as the Minister may, by Gazette notice, appoint.

5. Applications to legal aid committee

(1) An application for legal aid may be made to any member of an appropriate legal aid committee.

(2) Whenever application is made to a member of a legal aid committee under the provisions of sub-regulation (1), the member shall, where necessary, assist the applicant to complete the prescribed form and shall state whether he has good reason to believe that the statements concerning the applicant's means made therein are true.

(3) Every such application shall, where it is made to a member other than the secretary, be forwarded by the member to the secretary.

6. Duties of secretary

(1) The secretary shall forward every application made to him or received by him to the Director with a statement whether or not he recommends the application. If the secretary does not recommend the application, he shall state his reasons for such refusal.

(2) The secretary may, if he thinks fit, for the purpose of making a recommendation under the provisions of sub-regulation (1), consult with any one or more members of the committee.

7. Application made other than through legal aid committee

(1) Nothing in these Regulations shall be deemed to prohibit any person, and in particular any practitioner, from recommending to the Director any applicant or prospective applicant, who appears to such person to be in need of legal aid.

(2) Where a recommendation in terms of sub-regulation (1) or an application for legal aid is made, other than through a legal aid committee, the Director may, if he thinks fit, refer the recommendation or application to an appropriate legal aid committee for such advice or information as he deems necessary.

8. How application is to be made

(1) Every application for legal aid shall be in writing, and shall contain such information, and be accompanied by such documents as may be requisite to enable the appropriate legal aid committee"”

(a) to assess the means of the applicant; and

(b) to make recommendation to the Director for the grant or refusal of legal aid.

(2) The information referred to in sub-regulation (1) shall be sufficiently detailed to enable the Director to determine"”

(a) the nature of the proceedings, claim or matter in relation to which legal aid is sought;

(b) the circumstances in which legal aid is sought;

(d) the applicant's means and contribution to be made by him, if any.

(3) The Director or the secretary of an appropriate legal aid committee may require any applicant to attend an oral interview for the purpose of"”

(a) clarifying information already submitted; or

(b) providing further information.

(4) Where, in the opinion of the Director, compliance with the provisions of this regulation would cause difficulty, inconvenience or delay, the Director may accept an application presented in any form he deems sufficient in the circumstances.

9. Remuneration to members of legal aid committee

No member of a legal aid committee shall be entitled to be remunerated for his services as such member; but a member who is not a public officer and who would otherwise not be entitled to a refund of expenses incurred in the discharge of his functions under these Regulations shall be reimbursed such expenses.

10. Alteration of conditions under which legal aid was granted

(1) Where the Director terminates legal aid under section 22 of the Act, he may invite the party affected to make a fresh application on such altered conditions as the Director deems appropriate.

(2) Whenever the circumstances of any legally aided person have altered so that his means have, since the date on which he was granted legal aid, increased, he shall forthwith inform the Director of such alteration in his circumstances.

11. Effect of termination of legal aid

(1) Where legal aid is terminated, the person granted legal aid shall, as from the date of the termination, cease to be entitled to any further assistance in the cause or matter in respect of which legal aid was granted.

(2) Where legal aid is terminated because the person granted legal aid has"”

(a) wilfully failed to comply with any requirement as to the information to be given by him; or

(b) knowingly made a false statement or representation in giving any information; or

(c) wilfully failed to do anything reasonably required to be done by him under the provisions of the Act or these Regulations;

he shall not be entitled to recover any contribution or portion thereof paid by him; and, further, he shall remain liable to pay to the Director the balance of any contribution still outstanding.

(3) Where legal aid is terminated in the circumstances mentioned in sub-regulation (2), the retainer to any practitioner instructed on behalf of a person granted legal aid shall, except where the Director otherwise decides, cease and determine.

12. Ascertainment of means

In assessing the means of an applicant for legal aid"”

(a) there shall be left out of account any income tax or personal tax paid or payable on income treated for the purpose of granting legal aid under the provisions of the Act or these Regulations as the income of the applicant;

(b) there shall be allowed"”

(i) K400 in respect of the applicant's living expenses;

(ii) K100 in respect of any wife or child of his maintained by him;

(iii) K50 in respect of any other person maintained by him.

{mprestriction ids="2,3,5"}

13. Contributions to legal aid

(1) Contributions to legal aid shall not exceed"”

(a) in a civil cause or matter"”

(i) the taxed costs in the proceedings to which the application relates, except that the Director may assess such contribution to approximate as nearly as possible to the costs that might be recovered on taxation; or

(ii) one-third of what remains of the income of the applicant after the deductions and allowances referred to in regulation 12 have been made;

whichever is the lesser amount;

(b) in any criminal cause or matter, the fees prescribed under regulation 3.

(2) Any contribution made in terms of paragraph (b) of sub-regulation (1) shall be paid into and shall form part of the general revenues of the Republic.

(3) When a contribution under section 17of the Act is to be made, that contribution shall be paid within thirty days from the date on which the order for contribution was made, unless the Director specifies a longer period.

(4) Subject to the provisions of this regulation, contributions may be paid by such installments as the Director may in each case determine.

14. Clients' account

(1) The Director shall maintain a clients' account at the Bank of Zambia, or such other bank as the Minister may specify.

(2) The following moneys shall be paid into the clients' account"”

(a) all contributions made in civil cases; and

(b) the proceeds of any judgment, order or compromise recovered on behalf of any person to whom legal aid is granted.

(3) There shall, on the instructions of the Director, be paid out of the clients' account"”

(a) such cash disbursements as might be necessary for the prosecution of the proceedings to which the account relates;

(b) the proceeds of any judgment, order or compromise which are properly payable to the person granted legal aid;

(4) Any unexpended sum remaining to the credit of a client's account on the termination of legal aid shall be paid into and shall form part of the general revenues of the Republic.

15. Applications on behalf of infants or other persons under disability

(1) Subject to the provisions of the Act and of these Regulations, an application for legal aid in respect of an infant or other person under disability shall be made on his behalf by a person of full age and capacity, and, where the application relates to proceedings which are required by rules of court to be brought or defended by a next friend or guardian ad litem, that person shall be the next friend or guardian ad litem, or, where the application relates to proceedings and they have not actually begun or to any claim, a person who, subject to any contrary order of the court, intends to act in either capacity when the proceedings begin or if the question of taking them were to arise.

(2) The person by whom the infant or person under disability applies for legal aid shall, for all purposes, be treated as an agent of the infant or person under disability and such person shall be deemed to have assumed all the obligations for which the infant or person under disability is liable under the Act and these Regulations:

Provided that the Director may in his discretion waive any obligation.

16. Grant of legal aid

The Director may, in granting legal aid in any civil cause or matter, limit the grant to advice only or to any one or more steps to assert or dispute a claim; and, unless otherwise stated, the grant shall not be deemed to extend to any appeal (other than an interlocutory appeal) arising out of the proceedings in respect of which legal aid was granted.

17. Reports and information to be furnished to Director

(1) Whenever"”

(a) any labour officer or factory inspector is acting in any matter in connection with which an employee may have a right to civil redress under any written law; or

(b) any social welfare officer is acting in any matter in connection with which any person may have a right to civil redress or a right enforceable by summary proceedings in any court; or

(c) the Workers' Compensation Commissioner is acting in any matter under and by virtue of the Workers' Compensation Act in connection with which an employee or worker may have a right to civil redress independently of a claim under the Workers' Compensation Act;

such labour officer, factory inspector, social welfare officer or the Workers' Compensation Commissioner, as the case may be, may make a report to the Director setting out the circumstances in which such right has arisen.

(2) Without prejudice to the generality of the foregoing, the Workers' Compensation Commissioner shall report to the Director under sub-regulation (1)"”

(a) all claims involving death or permanent disability;

(b) all claims which are not remediable under the Worker's Compensation Act;

18. Saving as regards matters not provided for

In any matter not provided for by these Regulations, the Director may adopt such course as appears best calculated to achieve or promote the objects of the Act.

19. Prescribed forms

The forms in the Schedule shall be used wherever applicable with such variation as circumstances may require.

SCHEDULE

[Regulation 19]

PRESCRIBED FORMS

FORM 1 (CRIMINAL) L.A.

[Section 8 (1)]

DEFENCE CERTIFICATE

Criminal Cause No .......................................

IN THE SUBORDINATE COURT of the........................................................... class for the

..................................................... District, holden at ............................................................

THE PEOPLE

versus

..................................

To: The Director of Legal Aid.

I certify that..............................................................................................................................

(insert name of person charged)

of...........................................................................................................and whose address is

(village or town)

being a person

(postal address)

who is committed by me for trial by the High Court for the offence of has been examined by me as to his means and it appears that he has insufficient means to afford the services of a practitioner.

I have this day granted him this legal aid certificate.

The prisoner is remanded on bail/in custody at the...................................................................

.............................. prison.

Dated the day of ................................... , 19..........

...................................................................

(Senior/Resident Magistrate)

FORM 2 (CRIMINAL) L.A.

[Section 8 (2)]

DEFENCE CERTIFICATE

Criminal Cause No ......................................

IN THE HIGH COURT FOR ZAMBIA

THE PEOPLE

versus

...............................................

To: The Director of Legal Aid.

............................................................................................................................................of

(insert full name of person charged)

..................................................................................................... who is remanded on bail/ in custody at.................................................................................prison and who has been committed for trial before this court for the offence of..................................................................is unrepresented. It appears to the court that there is insufficient reason why a defence certificate should not be granted to the person charged. I, a Judge of the High Court, hereby grant this legal aid certificate.

Dated the day of ...................................... , 19........

...................................................................

Judge

FORM 3 (CRIMINAL) L.A.

[Section 9(1)(a)(i)]

DEFENCE CERTIFICATE

Criminal Cause No .....................................

IN THE SUBORDINATE COURT of the...........................................................class for the

.................................................. District holden at................................................................

THE PEOPLE

versus

....................................

To: The Director of Legal Aid.

I certify that.............................................................................................................................

(full name of person charged)

of........................................................................................................being a person charged

(town or village)

before this court with the specified offence of.......................................................................... ............has been examined by me as to his means and it appears that he has insufficient means to obtain the services of a legal practitioner to represent him at his trial.

I have this day granted him this legal aid certificate.

The person charged is remanded on bail/in custody at the.......................................................

................................................... prison.

Dated the ...................................................................day of .................................... , 19..........

...................................................................

(Senior/Resident Magistrate)

FORM 4 (CRIMINAL) L.A.

(Section 9(1)(a)(ii))

DEFENCE CERTIFICATE

Criminal Cause No ....................................

IN THE SUBORDINATE COURT of the..............................................................class for the

............................................... District, holden at.....................................................................

THE PEOPLE

versus

................................................

To: The Director of Legal Aid.

I certify that.............................................................................................................................of

(full name of person charged)

....................................................................................................................................................

(town or village)

being a person charged

before this court with the offence of...............................................................................................................has been examined by me as to his means and it appears that he has insufficient means to enable him to obtain the services of a legal practitioner to represent him at his trial;

AND, further, having regard to all the circumstances of the case, it is desirable in the interests of justice that the accused should have legal aid.

I have this day granted him this legal aid certificate.

Dated the..............................day of ..................................... , 19..........

...................................................................

(Senior/Resident Magistrate)

FORM 5 (CRIMINAL) L.A.

[Section 9 (2)]

DEFENCE CERTIFICATE

Criminal Cause No ....................................

IN THE SUBORDINATE COURT of the...............................................................class for the ........... District, holden at.........................................................................

THE PEOPLE

versus

..................................

To: The Director of Legal Aid.

I certify that...............................................................................................................................of

(insert full name of person charged)

.................................................................................................................and whose address is

(village or town)

...........................................................................................................................being a person

(postal address)

charged with the offence of.........................................................................................................

into which charge a preliminary inquiry is being held has been examined by me as to his means which appear insufficient to enable him to engage a practitioner to represent him;

AND, further, having regard to all the circumstances of the case, it appears desirable in the interests of justice that the accused should be represented by a practitioner at the inquiry.

I hereby recommend that the accused be granted legal aid. The person charged is remanded on bail/in custody at the.............................................................................................

................................................. prison.

Dated the.................................................................day of .......................................... , 19........

...................................................................

(Senior/Resident Magistrate)

FORM 6 (CRIMINAL) L.A.

[Section 10 (3)]

APPLICATION FOR LEGAL AID

To: The Director of Legal Aid.

I .............................................................. of................................................................................

(full name of applicant)

having been charged with the offence of ..................................................................................

and being now a prisoner at.......................................................................................................

/remanded on bail* hereby apply for legal aid.

I declare that I am employed at/unemployed/was at the time of my arrest (but no longer) employed at*..............................................................................................................................

I am/was* in receipt of wages/salary* at the rate of...................................................................

per month.

I own property to the value of......................................................................................................

I have not applied to any court for legal aid/I have been refused a defence certificate by
the Senior/Resident Magistrate.*

...................................................................

(Applicant)

(FOR DEPARTMENTAL USE)

Legal aid granted/refused* subject to a contribution of .................... fee units

Contribution of .................. fee units paid/agreed* to be paid on..............................................

No. of official receipt ..........................................

Signature of receiving officer .......................................

* Delete whichever is inapplicable.

[Am by Act 13 of 1994.]

FORM 7 (CIVIL) L.A.

[Section 11]

APPLICATION FOR LEGAL AID (CIVIL FORM)

NOTE.-If you have difficulty in filling in this form, ask any member of a legal aid committee in your District or your friend to help you.

To: The Director of Legal Aid.

(a) Full name

(1) (a) I Mr./Mrs./Miss................................

Address (in BLOCK CAPITALS)of................................................................ (b) If the same write "œas above"(whose permanent address is)................... (b)born on the ................................day of...............,19.............................................Occupation................................................

(c) State the kind of legal aid you require. If court proceedings have begun or an appeal is involved make this quite clear.

Apply for legal aid under the provisions of the Legal Aid Act, as follows:

(c)

(2) My opponent(s) is/are:

NameAddressOccupation (if known) ....................................................................................... ....................................................................................... ....................................................................................... .......................................................................................

(d) Here write down the documents you enclose. If you have witnesses' statements, letters and papers relating to the matter, and if court proceedings have begun, all court papers in your possession and also names of witnesses must be included.

(3) I send herewith the following documents (N.B.-Read side note (d) before completing this.)

(4) (a) Have you previously applied for legal aid in any other matter?

(b) Have you previously applied for legal aid in this matter?

(d) Has any attempt been made to settle the matter? If so, give details and enclose correspondence, especially if there has been correspondence with an Insurance Company.

(5) I understand that if legal aid is granted I may be required to make a contribution towards my costs.

(6) I undertake to supply any further information needed by the Director of Legal Aid in connection with my case, and to attend at any office of the Directorate of Legal Aid if and when required and to supply such evidence of my means as may be required.

(7) Further, I undertake to inform the Director of Legal Aid should the circumstances of my means alter for the better during the course of the proceedings for which I was granted legal aid.

(8) I understand that when a court awards costs in proceedings for which legal aid was granted, such costs shall be paid to the Director of Legal Aid who shall give good discharge for costs so payable.

(9) I authorise the Director of Legal Aid to take any step deemed necessary to procure an adjournment of proceedings or any forbearance on the part of any opponent to enable this application to be dealt with, but I understand that unless I am expressly informed to the contrary, my case (if proceedings have begun) will continue in accordance with any notice as to hearing or otherwise that I may have received.

(10) I declare that the information set out above and the statement of my case that follows are, to the best of my knowledge, information and belief, true. And I further declare that I am employed at/unemployed* and that my salary/wages* are ....................... per week/per month*. I possess real and personal property to the value of K ............. excepting my dwelling-house, household furniture and effects and the tools and implements of my trade, as stated hereunder:

1. ..........................................................

2. ..........................................................

3. ..........................................................

4. ..........................................................

(Usual signature or thumbprint)

(Witness)

Date ............................................

* Delete words not applicable.

FULL STATEMENT OF MY CASE

(Give details where possible. If personal injuries are involved give full details of the accident and of the injuries suffered and enclose Police Report where applicable.)

(Usual signature or thumbprint)

Date ..........................................

(Continue, if necessary, on next page, signing and dating the page)

(Usual signature or thumbprint)

Date .........................................

(Continue, if necessary, on next page, signing and dating the page)

FORM 8 (CRIMINAL APPEAL) L.A.

[Section 14(a) and (b)]

APPLICATION FOR LEGAL AID

To: The Director of Legal Aid.

I..............................................................................................................

(full name of applicant)

of..............................................................................................................having been convicted of the offence of......................................and sentenced to ............................................. on the..........................................day of ..........., 19....... by the subordinate court/High Court*sitting at...............................................................................and being now a prisoner at..................................................................................prison/on bail* hereby apply for legal aid to prosecute my appeal against conviction/sentence/conviction and sentence*.

I declare that I am employed at/unemployed/was at the time of my arrest (but no longer) employed at*

I am/was* in receipt of wages/salary* at the rate of......................................per month.

I own property to the value of...........................................................................................

...................................................

(Applicant)

(FOR DEPARTMENTAL USE)

Legal aid granted/refused* subject to a contribution of* ...................... fee units

Contribution of ................... fee units paid/agreed to be paid on........................................

No. of official receipt ....................................

Signature of receiving officer .....................................

* Delete words not applicable.

[Am by Act 13 of 1994.]

FORM 9 (GENERAL) L.A.

[Sections 11 and 14]

APPLICATION FOR LEGAL AID

(for completion by Legal Aid Committee)

To: The Director of Legal Aid.

I have seen the application for legal aid dated the ...............................................................day of ................................................ , 19........ by Mr./Mrs./Miss*..................................................................................................................which is attached hereto.

I have good reason to believe that the statements made therein concerning the applicant's means are true (or as the case may be ).

Dated at......................on this ....................... day of ......................., 19......

.................................................

Member of Legal Aid Committee for the District of

We hereby recommend/do not recommend* the application for the following reasons:

Dated at on this ..................... day of ................. ., 19........

.................................................

Secretary of Legal Aid Committee for the District of

* Delete words not applicable.

If the member has reason to believe that any statement made is not true, particulars must be given.

HIGH COURT (LEGAL AID) (PRACTICE AND PROCEDURE) REGULATIONS

[Section 25]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Notice of termination of legal aid

4. Notice of termination of legal aid

5. Certificate of assessment of means

6. Documents filed or exhibited

7. Savings as regards matters not provided for

8. Prescribed forms

SCHEDULE

[Regulations by the Minister]

SI 379 of 1967.

1. Title

These Regulations may be cited as the High Court (Legal Aid) (Practice and Procedure) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires"”

"œDirector" means the Director of Legal Aid;

"œlegally aided person" means a person granted legal aid under the provisions of the Act.

3. Notice of termination of legal aid

The Director or any practitioner instructed on behalf of any legally aided person shall, when he commences to act on behalf of such person in any civil proceedings in the court, file a notice to that effect in Form 1 in the Schedule and shall serve a copy of the notice to every party to the proceedings.

4. Notice of termination of legal aid

Where proceedings are pending before any court in which any of the parties are legally aided and legal aid has been terminated under the provisions of section 22 of the Act, the Director shall file a notice of the termination of legal aid in Form 3 in the Schedule and serve a copy thereof on every party to the proceedings.

5. Certificate of assessment of means

(1) The Director or any practitioner acting on behalf of a legally aided person shall before trial file a certificate of the assessment by the Director of the means of a legally aided person, together with an affidavit sworn by the legally aided person setting out his income from all sources and other facts relevant to the determination of his means for the purposes of the Act, and a certificate of the contribution required by the Director under section 17 of the Act. A copy of any document so filed shall be served on every party to the proceedings.

(2) Where the scope or conditions under which legal aid was granted has been altered under the provisions of regulation 10(1) of the Legal Aid (General) Regulations, no termination of legal aid need be filed by the Director or the practitioner acting on behalf of a legally aided person, but there shall be filed a notice in Form 2 in the Schedule setting out such altered scope or conditions, and a copy of such notice shall be served on every party to the proceedings.

6. Documents filed or exhibited

Every document filed or exhibited in any court under the provisions of these Regulations shall be part of the record of the court.

7. Savings as regards matters not provided for

Save as is otherwise provided for by or under the Act or by these Regulations, in any proceedings in any court to which a legally aided person is a party the court shall make such order as to any matter of practice or procedure as it thinks just.

8. Prescribed forms

The forms in the Schedule or forms to the like effect may be used for the purpose of giving any notice under these Regulations.

SCHEDULE

[Regulation 8]

PRESCRIBED FORMS

FORM 1

[Regulation 3]

NOTICE OF GRANT OF LEGAL AID

IN THE HIGH COURT FOR ZAMBIA (At the District Registry)

BETWEEN

Plaintiff

and

Defendant

In the matter of

TAKE NOTICE that legal aid under the provisions of the above mentioned Act has been granted to.......................... in connection with the following proceedings"”

TAKE FURTHER NOTICE that in consequence thereof the................................................in these proceedings has been from the day of ........................19 ...... , a legally aided person under and by virtue of the aforesaid Act and the Regulations made thereunder.

Dated the.....................day of................................, 19...................

Director of Legal Aid

(or legal practitioner for the)

FORM 2

[Regulation 5]

THE LEGAL AID (GENERAL) REGULATIONS

NOTICE OF ALTERATION OF SCOPE

CONDITIONS OF LEGAL AID (General Title)

TAKE NOTICE that the scope and conditions of the grant of legal aid to .................................. the above named has been altered under the provisions of regulation 10 (1) of the Legal Aid (General) Regulations as follows

Dated the day of , 19

Director of Legal Aid

FORM 3

[Regulation 4]

LEGAL AID ACT

NOTICE OF TERMINATION OF LEGAL AID

[General Title]

TAKE NOTICE that the above named*..............................................................................

has from the day of ............... , 19...... , ceased to be

a legally aided person in respect of the above mentioned matters/ proceedings.

Dated the..................day of........................, 19...........

Director of Legal Aid

*Insert-Plaintiff, Defendant, Respondent, etc., as the case may require.

LEGAL AID ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

Paragraph

1. Title

2. Commencement of Act No. 1 of 2021

SI 81 of 2021.

1. Title

This Order may be cited as the Legal Aid Act (Commencement) Order, 2021.

2. Commencement of Act No. 1 of 2021

The Legal Aid Act, 2021, shall come into operation on the date of publication of this Order.

{/mprestriction}

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