JUDGES (CONDITIONS OF SERVICE) ACT: INDEX TO SUBSIDIARY LEGISLATION

Judges (Salaries and Conditions of Service) Regulations

JUDGES (SALARIES AND CONDITIONS OF SERVICE) REGULATIONS

[Section 12]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Short title

PART II
CONDITIONS OF SERVICE

    2.    Salary of Judge

    3.    Allowances for Judges

    4.    Exemption of allowances from tax

    5.    Housing

    6.    Security

    7.    Personal workers for Judges

    8.    Travel on duty

    9.    Diplomatic passport

    10.    Official vehicle

    11.    Telephone, electricity and water bills

    12.    Medical treatment

    13.    Loans

    14.    Leave

    15.    Insurance

    16.    Funeral expenses

    17.    Transportation on retirement

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

[Regulations by the President.]

SI 140 of 1996,

SI 67 of 1997,

SI 2 of 2001,

SI 64 of 2002,

SI 6 of 2003,

SI 55 of 2005,

SI 58 of 2007,

SI 107 of 2008,

SI 65 of 2009,

SI 61 of 2010,

SI 59 of 2012,

SI 47 of 2016,

SI 80 of 2018,

SI 33 of 2022.

PART I
PRELIMINARY

1.    Short title

These Regulations may be cited as the Judges (Salaries and Conditions of Service) Regulations.

PART II
CONDITIONS OF SERVICE

2.    Salary of Judge

There shall be paid to a Judge the salary set out in the First Schedule.

3.    Allowances for Judges

There shall be paid to a Judge the allowances set out in the Second Schedule.

4.    Exemption of allowances from tax

Every allowance payable under these Regulations shall be exempt from payment of income tax and any other tax.

5.    Housing

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

    (1) A Judge shall be entitled to a rent-free, fully furnished residence and shall be entitled to purchase the furniture at depreciative book value on vacating office.

    (2) Where a Judge lives in the Judge’s own house, the Government shall pay municipal rates for that house.

    (3) Where a Judge provides own accommodation, the Government shall pay to the Judge a housing allowance set out in the First Schedule.

[Reg 5(3) ins by reg 2 of SI 6 of 2003; subs by reg 2 of SI 33 of 2022.]

6.    Security

There shall be provided to a Judge an armed guard for 24 hours, to be based at the Judge’s residence.

7.    Personal workers for Judges

A Judge is entitled to the workers set out in the Third Schedule.

8.    Travel on duty

    (1) A Judge shall, when travelling on duty by air, be entitled to—

    (a)    in the case of the Chief Justice, first class travel; and

    (b)    in the case of any other Judge, business class travel.

    (2) Where air travel is not available and a Judge travels by road, the Judge shall be entitled to travel in a chauffeur-driven official vehicle.

9.    Diplomatic passport

A Judge shall be entitled to a diplomatic passport.

10.    Official vehicle

A Judge shall—

    (a)    be entitled to a personal-to-holder vehicle and a driver, and the vehicle shall—

        (i)    be maintained at the Judiciary’s expense; and

        (ii)    be replaced by the Government every five years, if funds are available; and

    (b)    on retirement, be entitled to purchase the personal-to-holder vehicle at book value, less depreciation:

Provided that if a Judge dies before retirement, the spouse of that Judge shall be entitled to purchase the vehicle.

11.    Telephone, electricity and water bills

The Government shall pay the telephone bills of a Judge for local calls, and for international calls, if such international calls are official.

12.    Medical treatment

A Judge, the spouse and children of the Judge shall be entitled to medical treatment at Government expense where such treatment is to be undertaken abroad after due approval of the Ministry responsible for health.

13.    Loans

A Judge shall be entitled to the loans set out in the Fourth Schedule:

Provided that at no time shall the Judge’s salary be less than 50 per centum of the Judge’s basic salary, after any payment is effected as a result of any loan obtained by the Judge.

14.    Leave

    (1) A Judge shall—

    (a)    earn leave at the rate of three and a half working days in each calendar month;

    (b)    be entitled to take local or vacational leave up to a maximum number of leave days accrued;

    (2) Where a Judge takes vacation, the Government shall pay for leave travel benefits:

Provided that only the Judge, the spouse of the Judge and four children of the Judge shall be entitled to such vacation.

    (3) The leave referred to in sub-regulation (1), shall be granted depending on the exigency of the service.

15.    Insurance

The Government shall insure a Judge against personal injury and accident up to a total of five times the basic salary paid to a Judge.

16.    Funeral expenses

    (1) The Government shall meet the following funeral expenses of a Judge, the spouse of the Judge and the children of the Judge—

    (a)    coffin;

    (b)    transport to the place of burial within Zambia;

    (c)    a cash payment of eighty thousand kwacha as a funeral grant; and

    (d)    transport to assist in the organisation of the funeral, within the locality of the funeral.

    (2) Sub-regulation (1) shall apply to a Judge, whether or not the Judge dies in office.

17.    Transportation on retirement

On retirement or death of any Judge, the Judge’s effects shall be transported, only once, to any place in Zambia, using appropriate road or water transport.

FIRST SCHEDULE

[Regulation 2]

[First Sch subs by reg 2 of SI 59 of 2012, reg 2 of SI 47 of 2016, reg 2 of SI 80 of 2018, reg 3 of SI 33 of 2022.]

SALARIES AND HOUSING ALLOWANCES PAYABLE TO THE JUDGES

SECOND SCHEDULE

[Regulation 3]

ALLOWANCES FOR JUDGES

    (a)    a non-private practicing allowance payable as follows:

        (i)    one hundred and forty-four million kwacha per annum in the case of the Chief Justice;

        (ii)    one hundred and thirty-two million kwacha per annum in the case of the Deputy Chief Justice;

        (iii)    one hundred and twenty million kwacha per annum in the case of Judges of the Supreme Court; and

        (iv)    ninety-six million kwacha per annum in the case of the Chairman of the Industrial Relations Court, the Judges of the High Court and Deputy Chairman of the Industrial Relation Court.

[Second Sch (a) subs by reg 3 of SI 107 of 2008.]

    (b)    when travelling on duty, locally or abroad, such allowance or special imprest as may be determined by the Government; and

    (c)    fuel allowance as may be determined by Government, to run the personal-to-holder vehicle;

[Second Sch (c) am by reg 3 of SI 64 of 2002.]

    (d)    an allowance for water and electricity charges at such rates as will be determined by the Government from time to time.

[Second Sch (d) am by reg 3 of SI 64 of 2002.]

THIRD SCHEDULE

[Regulation 7]

PERSONAL WORKERS FOR JUDGES

1.    Chief Justice

    (a)    one cook;

    (b)    one house servant;

    (c)    one gardener;

    (d)    one laundry man.

2.    Deputy Chief Justice

    (a)    one cook;

    (b)    one house servant;

    (c)    one gardener.

3.    Judge

Supreme Court Judge

        (i)    one cook;

        (ii)    one house servant;

        (iii)    one gardener.

High Court Judge

        (i)    one cook;

        (ii)    one house servant;

        (iii)    one gardener.

FOURTH SCHEDULE

[Regulation 13]

LOANS FOR JUDGES

    (a)    Car loan equivalent to five times the Judge’s basic salary or the cost of the car, whichever is the lower;

    (b)    House loan equivalent to ten times the Judge’s basic salary or the cost of the house, whichever is the lower. {/mprestriction}