Zambiaportal |
The Judiciary of Zambia is the branch of the Government of the Republic of Zambia which interprets and applies the country's laws to ensure impartial justice under law and to provide a mechanism for dispute resolution. Under the 1991 Constitution, justices and magistrates are independent of the government and subject only to the Constitution and the law.
According to the constitutional amendments of Act No. 2 of 2016, the structure of the judicature shall comprise the Supreme Court, with an equal ranking to the Constitutional Court, the appeals court, the High Court, the Subordinate Court, the Local Court and such lower Courts as may be prescribed by an Act of Parliament. [1] [2]
The functions of the Judiciary include the administration of justice through resolving disputes between individuals or between individual and the state, interpreting the constitution and the laws of Zambia, promoting the rule of law, and protecting the human rights of individuals and groups. [3]
The Supreme Court of Zambia is the final Court of appeal and has the final say in all legal matters, including the interpretation of the Constitution. It consists of the Chief Justice, the Deputy Chief Justice and seven or more Supreme Court Judges. It is located in Independence Avenue, Lusaka. [4]
The High court's role is judicial review, in other terms interpretation of the law. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Zambian Constitution. A High Court alone can certify the cases fit for appeal before the Supreme Court. [5]
This court can be categorized into three separate courts namely family courts, business court and industrial relations. [6]
Located within Supreme Court premises. It is responsible for labour related cases. It is a division of high court that adjudicates over labour matters. The high Court rules apply to it.
It was initially located where the court of appeal is located today.
These are the lower courts and the courts of the first instance, and are graded as first, second or third class. They can decide all matters except for offences of treason, murder and all matters that involve interpretations of the Constitution and are presided over by Resident Magistrates of appropriate status. [7]
The Small Claims Courts deal with minor financial claims (less than K 20m) except in certain circumstances. [8]
The Local Courts operate within territorial limits and are graded Grade A or Grade B according to the value of the claims they can consider. They are also limited in terms of the severity of the sentences they can impose. [9]
The chief justice of Zambia is an ex-officio Judge of the High Court.
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The Supreme Court of Ireland is the highest judicial authority in Ireland. It is a court of final appeal and exercises, in conjunction with the Court of Appeal and the High Court, judicial review over Acts of the Oireachtas. The Supreme Court also has appellate jurisdiction to ensure compliance with the Constitution of Ireland by governmental bodies and private citizens. It sits in the Four Courts in Dublin.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
Under the Constitution of Singapore, the judicial system of Singapore is divided into the Supreme Court which comprises the Court of Appeal and the High Court, and the subordinate courts, namely the State Courts and Family Justice Courts.
The Supreme Court of Nepal is the highest court in Nepal. It has appellate jurisdiction over decisions of the seven High Courts and extraordinary original jurisdiction. The court consists of twenty Justices and one Chief Justice.
The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.
The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
Judicial independence is protected by Singapore's Constitution, statutes such as the State Courts Act and Supreme Court of Judicature Act, and the common law. Independence of the judiciary is the principle that the judiciary should be separated from legislative and executive power, and shielded from inappropriate pressure from these branches of government, and from private or partisan interests. It is crucial as it serves as a foundation for the rule of law and democracy.
The Supreme Court of Nauru was the highest court in the judicial system of the Republic of Nauru till the establishment of the Nauruan Court of Appeal in 2018.
The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
The Judiciary of Tanzania is the system of courts that interprets and applies the law in Tanzania. The current judiciary bases its foundation to the constitution of the United Republic of Tanzania of 1977. Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual juristition system where there is a judicial structure responsible for Tanzania Mainland and another for Zanzibar. The Court of Appeal of the United Republic was established in 1979 as the final appellate judicial body with jurisdiction over the entire union.
The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.