Local Courts Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
CHAPTER 29 OF THE LAWS OF ZAMBIA
CHAPTER 29 THE LOCAL COURTS ACT
THE LOCAL COURTS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Appointment of officers
PART II
RECOGNITION, ETC., OF LOCAL COURTS
4. Recognition or establishment of local courts
5. Grades of local courts
6. Constitution of local courts and appointment of members
7. Sessions
PART III
JURISDICTION, ETC., OF LOCAL COURTS

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8. Civil jurisdiction of local courts
9. Criminal jurisdiction of local courts
10. Preservation of jurisdiction
11. Cases excluded from jurisdiction
12. Law to be administered
13. Enforcement of specified laws
PART IV
PROCEDURE, ETC., OF LOCAL COURTS

urisdiction
11. Cases excluded from jurisdiction
12. Law to be administered
13. Enforcement of specified laws
PART IV
PROCEDURE, ETC., OF LOCAL COURTS

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14. Practice and procedure
15. Parties to appear in person
16. Copies of records, etc. 17. Issue of summons
18. Warrant of arrest
19. Execution of orders, etc., of other courts
20. Disposal of persons arrested
21. Bail
22. Additional conditions of bail bonds
23. Release from custody
24. Amount of bail and deposits
25. Power to order sufficient bail when that first taken is insufficient
26. Discharge of sureties
27. Death of surety
28. Person bound by recognizance absconding may be committed
29. Forfeiture of recognizance
30. Appeal from and revision of orders
31. Power to issue search warrant
32. Execution of search warrant
33. Persons in charge of closed place to allow ingress thereto and egress
therefrom
34. Detention of property seized
35. Awards in civil cases
36. Appointment of administrator and making of orders relating to interstate estates
to be administered under the Interstate Succession Act or African
customary law
37. Powers and duties of administrators appointed by local courts
38. Transfer of applications for orders relating to intestate estates to High Court
39.

Powers and duties of administrators appointed by local courts
38. Transfer of applications for orders relating to intestate estates to High Court
39.

Orders in criminal cases
40. Sentences in cases of conviction for several offences at one trial
41. Committed to Subordinate Court for sentence
42. Fines
43. Corporal punishment
44. Compensation
45. Suspended sentences
46. Payment of fines and compensation
PART V
O FFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

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47. Contempt of court
48. Corrupt influence
49. Corrupt practice
50. Adjudication without authority
PART VI
T RANSFER OF CASES , REVISION AND APPEALS
51. Interpretation
52. Reports on cases
53. Transfer of cases
54. Powers of inspection and revision
55. Powers of Director
56. Appeals
57. (Repealed by No. 47 of 1970)
58. Powers on appeal
59. Effect of entry of appeal on order, sentence, etc.
60. Procedure in transferred cases
61. Use of assessors
62. Decisions to be in accordance with substantial justice
63. Local court justices to be subject to directions of High Court
PART VII
G ENERAL
64. Officers of local courts
65. Indemnities
66. Disposal of exhibits
67. Places of imprisonment
68. Rules
69. Detention and imprisonment rules
70. Obsolete
71. Obsolete
CHAPTER 29

5. Indemnities
66. Disposal of exhibits
67. Places of imprisonment
68. Rules
69. Detention and imprisonment rules
70. Obsolete
71. Obsolete
CHAPTER 29

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LOCAL COURTS
An Act to provide for the recognition and establishment of local courts, previously
known as native courts, to amend and consolidate the law relating to the
jurisdiction of and procedure to be adopted by local courts; and to provide for
matters incidental thereto. [1st October, 1966]
20 of 1966
47 of 1970
21 of 1976
8 of 1991
13 of 1994
PART I
PRELIMINARY
1. This Act may be cited as the Local Courts Act. Short title
2.

tober, 1966]
20 of 1966
47 of 1970
21 of 1976
8 of 1991
13 of 1994
PART I
PRELIMINARY
1. This Act may be cited as the Local Courts Act. Short title
2.

(1) In this Act, unless the context otherwise requires-
"Director" means the Director of Local Courts appointed under section three;
"Deputy Director" means the Deputy Director of Local Courts appointed under
section three;
"authorised officer" means the Director of Local Courts, Deputy Director of Local
Courts, local courts officer, principal resident magistrate, senior resident
magistrate, resident magistrate and such other magistrates, as the Chief
Justice may designate for the purpose of this Act."
"president" means a presiding judge or senior presiding justice;
"council" has the meaning assigned to it in section two of the Local Government
Act;
"court warrant" means a warrant issued under the provisions of subsection (1) of
section four recognising or establishing a local court;
"matrimonial case" means a case involving divorce, matri-monial disputes,
adultery, violating the virginity of a girl, causing pregnancy, abduction of a
married woman and polygamy;
"juvenile" has the meaning assigned to it in section two of the Juveniles Act;
"juvenile adult" has the meaning assigned to it in section two of the Juveniles Act;
"local court" means a court recognised or established under the provisions of
section four;
"local courts officer" means senior local courts officer, local courts officer and
assistant local courts officers appointed under section three.";
"Local Court Messenger" includes a senior local court messenger;
"Subordinate Court" means a Subordinate Court as constituted under the
Subordinate Courts Act.

urt Messenger" includes a senior local court messenger;
"Subordinate Court" means a Subordinate Court as constituted under the
Subordinate Courts Act.

"Commission" means the Judicial Service Commission established under the
Constitution;
Interpretation
Cap. 281
Cap. 53
Cap. 53
Cap. 28
Cap. 1

"Commission" means the Judicial Service Commission established under the
Constitution;
Interpretation
Cap. 281
Cap. 53
Cap. 53
Cap. 28
Cap. 1

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(2) In the exercise of the powers conferred upon it by this Act, the Judicial Service
Commission shall act in accordance with the provisions of the Constitution. (As amended by Act No. 8 of 1991)
Cap. 1
3. (1) The Commission may appoint a Director of Local Courts, a Deputy Director of
Local Courts and such number of local courts officers as it may consider necessary for the
purposes of this Act. Appointment of
officers
(2) The Director of Local Courts, the Deputy Director of Local Courts and local
courts officers shall exercise such powers and perform such duties as are conferred or
imposed upon them by or under the provisions of this Act. (As amended by Acts No. 21 of 1976 and No. 8 of 1991)
PART II
RECOGNITION, ETC., OF LOCAL COURTS
4. (1) The Minister may, by court warrant under his hand, recognise or establish
such local courts as he shall think fit, and any such court shall exercise such jurisdiction
as may be conferred by or under the provisions of this Act within such territorial limits as
may be defined by such warrant.

xercise such jurisdiction
as may be conferred by or under the provisions of this Act within such territorial limits as
may be defined by such warrant.

Recognition or
establishment of local
courts
(2) A copy of a court warrant certified under the hand of the Registrar of the High
Court shall be conclusive evidence for all purposes of the existence and contents of such
court warrant. (3) The Minister may at any time suspend or cancel any court warrant, and, upon
any such cancellation, may issue a new court warrant in respect of the local court
concerned. 5. (1) Local courts shall be of such different grades as may be prescribed, and local
courts of each grade shall exercise jurisdiction only within the limits prescribed for such
grade:
Grades of local courts
Provided that no local court shall be given jurisdiction-
(i) to determine civil claims, other than matrimonial or inheritance claims, of a
value greater than one hundred and twenty fee units; or
(ii) to impose fines exceeding forty penalty units; or
(iii) to order probation or imprisonment for a period exceeding two years; or
(iv) to order corporal punishment in excess of twelve strokes of the cane.

ii) to order probation or imprisonment for a period exceeding two years; or
(iv) to order corporal punishment in excess of twelve strokes of the cane.

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(2) The court warrant of any local court shall specify the grade to which such court
belongs. (As amended by Acts No. 8 of 1991 and No. 13 of 1994)
6. (1) A local court shall consist of a presiding justice either sitting alone or with
such number of other members as may be prescribed by the Minister in the court warrant:
Constitution of local
courts and
appointment of
members
Provided that a single local court justice shall constitute the court in the absence of
the presiding justice. (2) The president and other members of a local court shall be appointed by the
Commission for a period of three years and shall be eligible for reappointment. (3) A person sitting as a member of a local court shall be referred to as a local court
justice.

three years and shall be eligible for reappointment. (3) A person sitting as a member of a local court shall be referred to as a local court
justice.

(4) No person shall sit as a local court justice or as an assessor of a local court in
the adjudication of any matter to which he is a party or in which he has a pecuniary or
personal interest:
Provided that if any doubt arises as to whether a local court justice or assessor is a
party to a matter before a local court or has any pecuniary or personal interest in such
matter, the local court shall refer the matter to an authorised officer who shall issue such
directions as he may deem fit. (5) The Minister may, by statutory notice, delegate, to the Director, the powers
conferred upon him by subsection (1). 7. Local courts shall hold sessions at such times and places as may be necessary
for the convenient and speedy despatch of the business of such courts. (As amended by Acts No. 21 of 1976 and Act No. 8 of 1991)
Sessions
PART III
JURISDICTION, ETC., OF LOCAL COURTS

spatch of the business of such courts. (As amended by Acts No. 21 of 1976 and Act No. 8 of 1991)
Sessions
PART III
JURISDICTION, ETC., OF LOCAL COURTS

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8. Subject to the provisions of this Act, a local court shall have and may exercise,
within the territorial limits set out in its court warrant, such jurisdiction as may be
prescribed for the grade of court to which it belongs, over the hearing, trial and
determination of any civil cause or matter in which the defendant is ordinarily resident
within the area of jurisdiction of such court or in which the cause of action has arisen
within such area:
Civil jurisdiction of
local courts
Provided that civil proceedings relating to real property shall be taken in the local
court within the area of jurisdiction in which the property is situate. (As amended by No. 21 of 1976)
9. Subject to the provisions of this Act, a local court shall have and may exercise
jurisdiction, to such extent as may be prescribed for the grade of court to which it belongs,
over the hearing, trial and determination of any criminal charge or matter in which the
accused is charged with having wholly or in part within the area of jurisdiction of such
court, committed, or been accessory to the commission of an offence.

is charged with having wholly or in part within the area of jurisdiction of such
court, committed, or been accessory to the commission of an offence.

Criminal jurisdiction of
local courts
10. No local court shall be precluded from trying an offence under the Local
Government Act by reason of the fact that such offence was a breach of a by-law or rule
issued or made-
(a) by a council, members of which are also members of such local court; or
(b) by a member of such local court as a member of a council. Preservation of
jurisdiction. Cap. 281
11. Subject to any express provision of any other written law conferring jurisdiction,
no local court shall have jurisdiction to try any case in which a person is charged with an
offence in consequence of which death is alleged to have occurred or which is punishable
by death. Cases excluded from
jurisdiction
12. (1) Subject to the provisions of this Act, a local court shall administer- Law to be
administered
(a) the African customary law applicable to any matter before it in so far as
such law is not repugnant to natural justice or morality or incompatible with
the provisions of any written law;
(b) the provisions of all by-laws and regulations made under the provisions of
the Local Government Act and in force in the area of jurisdiction of such
local court; and
Cap.

l by-laws and regulations made under the provisions of
the Local Government Act and in force in the area of jurisdiction of such
local court; and
Cap.

281
(c) the provisions of any written law which such local court is authorised to
administer under the provisions of section thirteen.

281
(c) the provisions of any written law which such local court is authorised to
administer under the provisions of section thirteen.

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(2) Any offence under African customary law, where such law is not repugnant to
natural justice or morality, may be dealt with by a local court as an offence under such law
notwithstanding that a similar offence may be constituted by the Penal Code or by any
other written law:
Cap. 87
Provided that such local court shall not impose any punishment for such offence in
excess of the maximum permitted by the Penal Code or by such other written law for such
similar offence. Cap. 87
13. The Minister may, by statutory order, confer upon all or any local courts
jurisdiction to administer all or any of the provisions of any written law specified in such
order, and may, subject to the limits referred to in subsection (1) of section five, specify
restrictions and limitations on the impositions of penalties by such local courts on persons
subject to their jurisdiction who offend against such provisions. Enforcement of
specified laws
PART IV
PROCEDURE , ETC., OF LOCAL COURTS
14.

persons
subject to their jurisdiction who offend against such provisions. Enforcement of
specified laws
PART IV
PROCEDURE , ETC., OF LOCAL COURTS
14.

The practice and procedure of local courts shall be regulated in accordance
with such rules as may be made in that behalf by the Chief Justice under section
sixty-eight. Practice and
procedure
15. No legal practitioner, other than a practitioner who is a party and acting solely
on his own behalf, may appear or act before a local court on behalf of any party to any
proceedings therein save in respect of a criminal charge under any of the provisions of-
Parties to appear in
person
(a) by-laws and regulations made under the provisions of the Local
Government Act; or
Cap. 281
(b) any written law which such court is authorised to administer under section
thirteen. (2) Subject to the directions of the Director, a local courts officer may sit as an
adviser in any local court in any proceedings in which a legal practitioner appears before
such court under the provisions of subsection (1). (3) Subject to the provisions of subsection (1), a local court may permit the spouse
or guardian or a member of the household of any party before such court, where such
person gives satisfactory proof to the court that he has authority in that behalf, to appear
and act for such party.

rty before such court, where such
person gives satisfactory proof to the court that he has authority in that behalf, to appear
and act for such party.

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(4) Where in any civil proceedings before a local court one or both of the parties to
such proceedings is a company or other body corporate, such company or other body
corporate may-
(a) in the case of a company formed under the provisions of the Companies
Act, appear in court-
(i) by the secretary or any director or manager whose name appears
on the list of directors or managers of such company sent to the
Registrar of Companies under the provisions of the Companies Act;
or
(ii) by leave of the court, by any other person or agent, not being a legal
practitioner, authorised by such company to appear on its behalf;
Cap. 388
(b) in the case of a company which has not been formed under the provisions
of the Companies Act, but has a place of business within Zambia, appear in
court-
(i) by any person whose name has been filed with the Registrar of
Companies under the provisions of the Companies Act; or
(ii) by leave of the court, by any other person or agent, not being a legal
practitioner, authorised by such company to appear on its behalf;
Cap.

or
(ii) by leave of the court, by any other person or agent, not being a legal
practitioner, authorised by such company to appear on its behalf;
Cap.

388
(c) in the case of any other body corporate, appear in court by the secretary of
or the holder of any office in such body corporate or, by leave of the court,
by any other person or agent, not being a legal practitioner, authorised by
such body corporate to appear on its behalf. (As amended by Act No. 8 of 1991)
16. (1) Subject to the provisions of this section and save as may be expressly
prescribed, no person shall be entitled as of right, at any time or for any purpose, to
inspection of originals or copies of, or to any copy of, any summons, warrant, charge,
pleadings, record of evidence, notes by the court, case record, ground of appeal, receipt
or other document forming part of the papers in any case before a local court, or of any
other record kept by any local court. Copies of records, etc. (2) A party to any proceedings before a local court shall, on payment of such fee as
may be prescribed, be entitled to a copy of any record of those proceedings made by or
on behalf of such court. 17.

t shall, on payment of such fee as
may be prescribed, be entitled to a copy of any record of those proceedings made by or
on behalf of such court. 17.

(1) A local court shall have power to summon before such court any person
who-
Issue of summons
(a) is charged with an offence before such court; or
(b) is the defendant in any civil proceedings before such court; or

person
who-
Issue of summons
(a) is charged with an offence before such court; or
(b) is the defendant in any civil proceedings before such court; or

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(c) is required to give evidence before such court. (2) The costs of serving or attempting to serve any summons issued by a local court
relating to a civil cause or matter shall be borne by the party therein at whose instance
such summons was issued, subject to any subsequent order as to costs made by the local
court. (3) Any person who, without reasonable excuse, fails to obey any summons issued
under the provisions of this section and duly served, shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding eight penalty units or to imprisonment for a
period not exceeding one month, or to both.

nce and shall
be liable on conviction to a fine not exceeding eight penalty units or to imprisonment for a
period not exceeding one month, or to both.

(4) Any person who-
(a) obstructs or in any way interferes with, or knowingly prevents, the service of
any summons issued by a local court; or
(b) in order to obstruct the due course of justice, dissuades, hinders or
prevents or attempts to dissuade, hinder or prevent any person lawfully
required to appear as a party, defendant or witness before a local court
from so appearing;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four
penalty units or to imprisonment for a period not exceeding three months, or to both. (As amended by Acts No. 8 of 1991 and No. 13 of 1994)
18. (1) Subject to the provisions of this section, a local court may issue a warrant
for the arrest of any person against whom criminal proceedings have been instituted-
Warrant of arrest
(a) in lieu of the issue of a summons under the provisions of paragraph (a) of
subsection (1) of section seventeen;
(b) notwithstanding the issue of such a summons, at any time before the time
appointed in such summons for the appearance of such person; or
(c) if such person does not appear at the time appointed for him to do so in and
by any summons.

in such summons for the appearance of such person; or
(c) if such person does not appear at the time appointed for him to do so in and
by any summons.

(2) No warrant of arrest shall be issued under paragraph (a) or (b) of subsection (1)
unless the court concerned has reasonable grounds to believe that the accused will not
obey a summons or that, by reason of the gravity of the offence, it is desirable that the
accused should be arrested, and no such warrant shall be issued under paragraph (c) of
the said subsection unless the court is satisfied that the summons has been served on the
person concerned.

ant shall be issued under paragraph (c) of
the said subsection unless the court is satisfied that the summons has been served on the
person concerned.

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(3) Every warrant of arrest issued under the provisions of this section shall-
(a) be under the hand of a member of the local court by which it was issued;
and
(b) state shortly the offence with which the person against whom it is issued is
charged, and shall name or otherwise describe such person; and
(c) order the person or persons to whom it is directed to apprehend the person
against whom it is directed and bring him before the local court which
issued the warrant to answer the charge therein mentioned and to be
further dealt with according to law; and
(d) remain in force until it is executed or until it is cancelled by the local court
by which it was issued. (4) The person executing a warrant of arrest issued under the provisions of this
section shall notify the substance thereof to the person to be arrested and, if so required,
shall show him the warrant, and shall, without unnecessary delay, bring the person
arrested before the local court by which such warrant was issued.

,
shall show him the warrant, and shall, without unnecessary delay, bring the person
arrested before the local court by which such warrant was issued.

(5) Any irregularity in the substance or form of a warrant of arrest issued under the
provisions of this section, and any variation between such warrant and the complaint in
respect of which it was issued, or between such warrant or such complaint and the
evidence produced against the accused, shall not effect the validity of any proceedings at
or subsequent to the hearing of the case. 19. A local court shall carry into execution any decrees or orders of the High Court
or of any Subordinate Court, or any local court, directed to such court, and shall execute
all warrants and serve all process issued by any such courts as aforesaid and directed to
such local court for execution or service, and shall generally give such assistance to any
of the aforesaid courts as may be required. Execution of orders,
etc., of other courts
20.

or service, and shall generally give such assistance to any
of the aforesaid courts as may be required. Execution of orders,
etc., of other courts
20.

A local court before which a person arrested is brought shall, without
unnecessary delay-
(a) proceed to the trial of such person for the offence for which he was arrested
if it has jurisdiction to deal with the said offence; or
(b) send such person in custody to another local court, or to the nearest
Subordinate Court having jurisdiction, if the local court before which the
person arrested was brought has no jurisdiction to deal with the said
offence. Disposal of persons
arrested
21. (1) When any person appears before or is brought before a local court, he may,
at any stage of the proceedings before such court, be admitted to bail upon providing a
surety or sureties sufficient, in the opinion of the court, to secure his appearance, or
released upon his own recognizances if the court thinks fit. Bail

ty or sureties sufficient, in the opinion of the court, to secure his appearance, or
released upon his own recognizances if the court thinks fit. Bail

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(2) Subject to the provisions of section twenty-four, before any person is admitted to
bail or released on his own recognizance, a bond (hereinafter referred to as a bail bond),
for such sum as the court thinks sufficient, shall be executed by such person and by the
surety or sureties, or by such person alone, as the case may be, conditioned that such
person shall attend at the time and place mentioned in such bond and at every time and
place to which during the course of the proceedings the hearing may from time to time be
adjourned. (3) A Subordinate Court may at any time, on the application of an accused person,
order him, whether or not he has been committed for trial before a local court, to be
admitted to bail or released on his own recognizance, and the bail bond in any such case
may, if the order so directs, be executed before any magistrate or any president or other
member of a local court.

and the bail bond in any such case
may, if the order so directs, be executed before any magistrate or any president or other
member of a local court.

(4) The principles and considerations taken into account by magistrates in
Subordinate Courts when exercising their discretion about admitting to bail shall be taken
into account by local courts when considering an application for bail under this section. 22. In addition to the condition mentioned in subsection (2) of section twenty-one,
the local court before whom a bail bond is executed may impose such further conditions
upon such bond as may seem reasonable and necessary in any particular case. Additional conditions
of bail bonds
23. (1) As soon as a bail bond has been executed, the person for whose
appearance it has been executed shall be released and, when he is in prison, the local
court admitting him to bail shall issue an order of release to the officer in charge of the
prison, and such officer, on receipt of the order, shall release him. Release from custody
(2) Nothing in this section or in section twenty-one shall be deemed to require the
release of any person liable to be detained for some matter other than that in respect of
which a bail bond was
executed. 24.

be deemed to require the
release of any person liable to be detained for some matter other than that in respect of
which a bail bond was
executed. 24.

(1) The amount of bail shall, in every case, be fixed with due regard to the
circumstances of the case, but shall not be excessive. Amount of bail and
deposits
(2) The local court admitting a person to bail or releasing him on his own
recognizance may, in lieu of a bail bond, accept a deposit of money, or a deposit of
property, from any person who would otherwise have had to execute a bail bond under the
provisions of section twenty-one and may attach to such deposit such conditions as might
have been attached to a bail bond, and, on any breach of any such condition, such
deposit shall be forfeited. (3) A Subordinate Court may, in any case, direct that the bail or deposit required by
a local court be reduced, or may vary or add to any conditions imposed under the
provisions of section twenty-one.

hat the bail or deposit required by
a local court be reduced, or may vary or add to any conditions imposed under the
provisions of section twenty-one.

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25. If, through mistake, fraud or otherwise, insufficient sureties have been
accepted, or if afterwards they become insufficient, the local court may issue a warrant of
arrest directing that the person released on bail be brought before it and may order him to
find sufficient sureties, and, on his failing so to do, may commit him to prison. Power to order
sufficient bail when
that first taken is
insufficient
26. (1) All or any of the sureties for the appearance and attendance of a person
released on bail may, at any time, apply to a local court to discharge the bail bond either
wholly or so far as it relates to the applicant or applicants. Discharge of sureties
(2) On such application being made, the local court shall issue a warrant of arrest
direccting that the person so released be brought before the court.

2) On such application being made, the local court shall issue a warrant of arrest
direccting that the person so released be brought before the court.

(3) On the appearance of such person pursuant to the warrant or on his voluntary
surrender, the local court shall direct the bail bond to be discharged either wholly or so far
as it relates to the applicant or applicants, and shall call upon such person to find other
sufficient sureties, and, if he fails so to do, may commit him to prison. 27. Where a surety to a bail bond dies before the bond is forfeited, his estates shall
be discharged from all liability in respect of the bond, but the party who gave the bond
may be required to find a new surety. Death of surety
28. If it is made to appear to a local court, by information on oath, that any person
bound by recognizance is about to leave Zambia, the court may cause him to be arrested,
and may commit him to prison until the trial, unless the court shall see fit to admit him to
bail upon further recognizance. Person bound by
recognizance
absconding may be
committed
29. (1) Whenever any person shall not appear at the time and place mentioned in
any recognizance entered into by him, the local court may, by order, endorse such
recognizance and declare the same to be forfeited.

lace mentioned in
any recognizance entered into by him, the local court may, by order, endorse such
recognizance and declare the same to be forfeited.

Forfeiture of
recognizance
(2) On the forfeiture of any recognizance, the local court may issue its warrant of
distress for the amount mentioned in such recognizance, or for the imprisonment of such
person and his surety or sureties, for any term not exceeding six months, unless the
amount mentioned in such recognizance be sooner paid or levied. (3) A warrant of distress under this section may be executed within the local limits of
the jurisdiction of the local court which issued it, and it shall authorise the distress and sale
of any property belonging to such person and his surety or sureties, and without such
limits, when endorsed by the president of the local court within the local limits of whose
jurisdiction such property is found. 30. All orders passed by a local court under sections twenty-one to twenty-nine
inclusive shall be appealable to and may be revised by a Subordinate Court. Appeal from and
revision of orders

nder sections twenty-one to twenty-nine
inclusive shall be appealable to and may be revised by a Subordinate Court. Appeal from and
revision of orders

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31. Where it is proved on oath to the local court that, in fact or according to
reasonable suspicion, anything upon, by or in respect of which an offence has been
committed or anything which is necessary to the conduct of an investigation into any
offence is in any building, vessel, carriage, box, receptacle or place, the local court may,
by warrant (called a search warrant), authorise any officer of such local court or other
person, not being a member of the local court, named therein, to search such building,
vessel, carriage, box, receptacle or place (which shall be named or described in the
warrant) for any such thing, and if anything searched for be found, to seize it and carry it
before the local court issuing the warrant or some other local court, to be dealt with
according to law. Power to issue search
warrant
32. Every search warrant may be issued and executed on a Sunday and shall be
executed between the hours of sunrise and sunset, but a local court may, by the warrant,
in its discretion, authorise the person to whom it is addressed to execute it at any hour.

sunrise and sunset, but a local court may, by the warrant,
in its discretion, authorise the person to whom it is addressed to execute it at any hour.

Execution of search
warrant
33. (1) Whenever any building or other place liable to be searched is closed, any
person residing in or being in charge of such building or place shall, on demand of the
person executing the search warrant, and on production of the warrant , allow him free
ingress thereto and egress therefrom, and afford all reasonable facilities for a search
therein. Persons in charge of
closed place to allow
ingress thereto and
egress therefrom
(2) If ingress to or egress from such building or other place cannot be so obtained, it
shall be lawful for the person executing the search warrant to enter such building or place
and search therein, and, in order to effect an entrance into such building or place, to break
down any outer or inner door or window of any building or place, or otherwise effect entry
into such building or place, if, after notification of his authority and purpose, and demand
of admittance duly made, he cannot otherwise obtain admittance. (3) Where any person in or about such building or other place is reasonably
suspected of concealing about his person any article for which search should be made,
such person may be searched.

ilding or other place is reasonably
suspected of concealing about his person any article for which search should be made,
such person may be searched.

Whenever it is necessary to cause a woman to be
searched, the search shall be made by another woman with strict regard to decency. 34. (1) When any article is seized and brought before a local court, it may be
detained until the conclusion of the case or the investigation, reasonable care being taken
for its preservation. Detention of property
seized
(2) If any appeal is made, or if any person is committed for trial, the local court may
order the article to be further detained for the purpose of the appeal or trial. (3) If no appeal is made, or if no person is committed for trial, the local court shall
direct that such thing be restored to the person from whom it was taken, unless the court
sees fit or is authorised or required by law to dispose of it otherwise.

such thing be restored to the person from whom it was taken, unless the court
sees fit or is authorised or required by law to dispose of it otherwise.

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35.

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35.

(1) Subject to the provisions of this Act or of any other written law, and to the
limitations imposed by its court warrant, a local court, in cases of a civil nature, may-
Awards in civil cases
(a) order the award of compensation, which may include an amount for costs
and expenses necessarily or reasonably incurred by a successful party or
his witnesses;
(b) order the specific performance of a contract;
(c) order the restitution of any property;
(d) make an order for the payment of such monthly sum for the maintenance of
a divorced spouse as the court may consider just and reasonable having
regard to the means and circumstances of the parties for a period not
exceeding three years from the date of divorce or until re-marriage
whichever is the earlier;
(e) make an order for the maintenance of any child below the age of eighteen
years whether born in or out of marriage:
Provided that where the child is born out of marriage an order under this
paragraph shall be made with the consent of the parent against whom the
order is to be made when that parent is not the natural parent of the child;
(f) make any other order which the justice of the case may require; and may
make any combination of the above orders.

the natural parent of the child;
(f) make any other order which the justice of the case may require; and may
make any combination of the above orders.

(2) Where a local court has decided any case is of a civil nature and is of the
opinion that an order should be made therein which is in excess of its jurisdiction, such
local court may, for reasons to be recorded in writing on the record of the case, transmit
such case to another local court, or a Subordinate Court, of competent jurisdiction, and
the court to which such case is transmitted may make any order which it could have made
had such case been tried therein. (As amended by Act No. 8 of 1991)
36. (1) Subject to the provisions of section thirty-eight, a local court, may, on the
application of any interested person, grant letters of administration of the estate of a
person who has died intestate and whose estate fails to be administered and distributed in
accordance with the Interstate Succession Act or under customary law. Appointment of
administrator and
making of orders
relating to intestate
estates to be
administered under
Cap. 59 Interstate
Succession Act or
under African
customary law

nistrator and
making of orders
relating to intestate
estates to be
administered under
Cap. 59 Interstate
Succession Act or
under African
customary law

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(2) Whenever a local court has made an order under subsection (1) appointing an
administrator of a deceased's estate, the court may-
(a) revoke the appointment of such administrator for good and sufficient cause;
(b) make orders as to the administration of the estate, and in particular, but
without prejudice to the generality of the foregoing, as to the appropriate
African customary law to be applied on the distribution of the estate and as
to the advertising for creditors;
(c) require an administrator to sign an undertaking to administer the estate
faithfully;
(d) require an administrator to give security for the due administration of the
estate;
(e) make orders as to the payment of the share in the estate of any minor or
other person under a disability to a relative or other suitable person for the
maintenance or otherwise for the use of such minor or person under a
disability.

son under a disability to a relative or other suitable person for the
maintenance or otherwise for the use of such minor or person under a
disability.

(3) Where any appointment of an administrator is revoked by a local court-
(a) all payments bona fide made to the administrator before the revocation
thereof shall, notwithstanding such revocation, be a legal discharge to the
person making the same;
(b) an administrator who shall have acted may retain and reimburse himself out
of the assets of the deceased's estate in respect of any payments made by
him which an administrator may lawfully make. (4) Where any administrator administers contrary to customary law, the estate of
any person who has died intestate and to whom subsection (2) of section two of the
Intestate Succession Act applies-
Cap. 59
(a) he shall be guilty of an offence and liable upon conviction to a fine not
exceeding eighty penalty units or imprisonment for a term not exceeding six
months, or to both;
(b) in addition to any penalty which may be imposed under this subsection, the
court may order the restitution to any beneficiary of the property which he
has been deprived of and shall revoke the appointment of the administrator. (As amended by Acts No. 8 of 1991 and No. 13 of 1994)

he property which he
has been deprived of and shall revoke the appointment of the administrator. (As amended by Acts No. 8 of 1991 and No. 13 of 1994)

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37. (1) An administrator appointed by a local court under subsection (1) of section
thirty-six (hereinafter referred to as an administrator), shall, with reasonable diligence
collect the property of the deceased and the debts that were due to him, pay the debts of
the deceased and costs of the administration and shall thereafter distribute the estate of
the deceased to the persons or for the purposes entitled thereto under the appropriate
African customary law and, in carrying out his duties, shall give effect to any orders or
directions given by the local court. Powers and duties of
administrators
appointed by local
courts
(2) An administrator may bring and defend proceedings in a local court on behalf of
the estate. (3) The receipt of an administrator shall constitute a good discharge to all debtors
paying their debts and to all persons delivering the property of the deceased to such
administrator.

shall constitute a good discharge to all debtors
paying their debts and to all persons delivering the property of the deceased to such
administrator.

(4) An administrator who misapplies the estate of the deceased or subjects it to loss
or damage shall be liable to make good such loss or damage, and an administrator who
occasions loss to the estate by neglecting to get in any part of the property of the
deceased shall be liable to make good the amount of such loss. (5) An administrator who distributes the assets of the deceased's estate in
discharge of such lawful claims as he knows of and who, after not less than three months
after the death of the deceased, distributes the remaining assets among the persons or for
the purposes entitled thereto, and who gives effect or complies with any order or direction
of a local court, shall not be liable for those assets to any person of whose claim he had
no notice at the time of such distribution. (6) After completing the administration of the deceased's estate, an administrator
shall account for his administration of the estate to the local court which made the order
under subsection (1) of section thirty-six appointing him administrator. 38.

his administration of the estate to the local court which made the order
under subsection (1) of section thirty-six appointing him administrator. 38.

(1) A local court to which application is made for an order under subsection (1)
of section thirty-six relating to the administration or distribution of the estate of any person
who has died intestate, shall transfer such application to the High Court if-
Transfer of
applications for orders
relating to intestate
estates to High Court
(a) the local court is satisfied that a properly interested party has made
application to the High Court for an order relating to the administration or
distribution of such deceased's estate; or
(b) a properly interested party or the Administrator-General has made
application to the local court claiming that the deceased's estate should not
be administered in terms of African customary law; or

r-General has made
application to the local court claiming that the deceased's estate should not
be administered in terms of African customary law; or

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(c) the local court is satisfied that it is in the interests of justice to transfer such
application to the High Court or that it is otherwise necessary to seek
directions from the High Court as to the correctness or legality of such
application or order to be made thereunder; or
(d) the local court is so ordered or directed by the High Court. (2) Where an application is transferred to the High Court under subsection (1), the
High Court shall make such order or give such directions in relation thereto as it shall think
fit. 39.

ed to the High Court under subsection (1), the
High Court shall make such order or give such directions in relation thereto as it shall think
fit. 39.

Subject to the provisions of this Act or of any other written law, and to any
limitations imposed by its court warrant, a local court in cases of a criminal nature may-
Orders in criminal
cases
(a) order the imposition of a fine;
(b) order the infliction of a term of imprisonment;
(c) order the administration of corporal punishment;
(d) order the operation of the whole or any part of a sentence of imprisonment
passed upon a person by the court to be suspended for a period not
exceeding three years on such conditions, relating to compensation to be
made by the offender for damage or pecuniary loss, or to good conduct, or
to any other matter whatsoever, as the court may specify in that order;
(e) make any other order, including an order for compensation or restitution of
property, which the justice of the case may require;
and may make any combination of the above orders. 40. Where a person is convicted by a local court at one trial of two or more distinct
offences, such court may sentence him for such offences to the several punishments
prescribed therefor which such court is competent to impose. Sentences in cases of
conviction for several
offences at one trial
41.

everal punishments
prescribed therefor which such court is competent to impose. Sentences in cases of
conviction for several
offences at one trial
41.

(1) Where, on the trial by a local court of an offence, any person is convicted of
such offence and such court is of opinion that a greater punishment should be inflicted on
such person for such offence than such court has power to inflict, the court may, for
reasons to be recorded in writing on the record of the case and instead of dealing with the
offender in any other manner, commit him in custody to a Subordinate Court of the first or
second class within whose area of jurisdiction the local court is situate for sentence. Committal to
Subordinate Court for
sentence
(2) Where a person is committed for sentence under the provisions of subsection
(1)-

situate for sentence. Committal to
Subordinate Court for
sentence
(2) Where a person is committed for sentence under the provisions of subsection
(1)-

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(a) the local court by which he is committed shall forthwith send a copy of the
record of the case to the court to which such person is committed;
(b) such person shall be brought before the court to which he is committed at
the first convenient opportunity;
(c) the court before which such person is so brought shall inquire into the
circumstances of the case and shall thereafter proceed as if such person
had pleaded guilty before it to the offence in respect of which he has been
so committed. (3) Where any court, under the provisions of subsections (1) and (2), passes any
sentence upon any person, such person shall be deemed to have been tried and
convicted of the offence concerned by such court. 42.

and (2), passes any
sentence upon any person, such person shall be deemed to have been tried and
convicted of the offence concerned by such court. 42.

(1) Where a local court orders the payment of a fine, it shall have the power to
direct by its sentence that in default of the payment of such fine the offender shall suffer
such period of imprisonment as will satisfy the justice of the case:
Fines
Provided that-
(i) no such period of imprisonment shall be in excess of the maximum period which such court is
by or under the provisions of this Act competent to impose; and
(ii) subject to the express provisions of this or any other written law, in no case shall the
imprisonment exceed the maximum fixed by the following scale:
Maximum period of
imprisonment in
Amount of fine in penalty unitts default
Not exceeding 8 14 days
Exceeding 8 but not exceeding 40 1 month
Exceeding 40 but not exceeding 80 3months
Exceeding 80 but not exceeding 160 6 months
Exceeding 160 9 months
(2) Any imprisonment which is imposed by a local court in default of the payment of
a fine shall terminate whenever such fine is either paid or levied by process of law. (3) Where a term of imprisonment is imposed by a local court in default of the
payment of a fine, such term shall, on the payment or levy of part of such fine, be
proportionately reduced.

mposed by a local court in default of the
payment of a fine, such term shall, on the payment or levy of part of such fine, be
proportionately reduced.

(As amended by Act No. 8 of 1991 and Act No. 13 of 1994)
43. (1) Subject to the provisions of subsection (5), where a local court has
convicted any juvenile or juvenile adult of any offence, it may substitute for any sentence
of imprisonment or other punishment which it may lawfully impose for such offence a
sentence of such corporal punishment as it shall think fit, not exceeding the amount which
it is empowered to order under the provisions of this Act or any other written law. Corporal punishment

hall think fit, not exceeding the amount which
it is empowered to order under the provisions of this Act or any other written law. Corporal punishment

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(2) No corporal punishment shall be ordered by a local court for any female or for
any male other than a juvenile or a juvenile adult. (3) No corporal punishment shall be ordered by a local court for any juvenile or
juvenile adult except in accordance with the provisions of subsections (4) and (5). (4) A local court may, subject to the provisions of sub-sections (2) and (3) and to
any limitations imposed under this Act or any local court rules made under the provisions
of this Act, or by its court warrant, order corporal punishment in accordance with the
provisions of-
(a) this Act and any local court rules and any rules made under section
sixty-nine, and the provisions of any other written law relating to the
jurisdiction of local courts; and
(b) any written law administered by such local court relating to the care and
protection of juveniles and the attendance of juveniles at school; and
(c) any written law administered by such local court relating to the prevention of
cruelty to animals.

and the attendance of juveniles at school; and
(c) any written law administered by such local court relating to the prevention of
cruelty to animals.

(5) Subject to the provisions of subsections (2) and (3), a local court may order
corporal punishment for any male juvenile or juvenile adult for any offence which is
punishable by imprisonment for three months or more, not being imprisonment which may
be ordered solely in default of payment of a fine. (6) Every sentence of corporal punishment imposed by a local court shall be for the
person sentenced to be caned, and to be caned once only, and to be caned with a
specified number of strokes not exceeding twelve or such less number as may be the
maximum prescribed under the provisions of this Act or any other written law. (7) A sentence of corporal punishment imposed by a local court under the
provisions of this Act or any other written law shall not be carried into effect-
(a) if a notice of appeal has been entered, until after the determination of the
appeal; or
(b) if no appeal has been entered, until the sentence has been confirmed by an
authorised officer.

ed, until after the determination of the
appeal; or
(b) if no appeal has been entered, until the sentence has been confirmed by an
authorised officer.

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44. (1) When a local court has ordered compensation to be paid under the
provisions of section thirty-nine to any person injured or aggrieved by the act or omission
in respect of which such compensation has been ordered, such person, if he shall accept
such compensation without stipulating to the court that he accepts it only as a partial
satisfaction of his claim, shall not have or maintain thereafter any suit for the recovery of
damages for the loss or injury sustained by him by reason of such act or omission. Compensation
(2) Compensation ordered to be paid under the provisions of section thirty-nine shall
be paid into the court which shall transmit the compensation to the owner as soon as
possible. (As amended by Act No. 8 of 1991)
45. (1) Whenever the operation of a sentence of imprisonment has been
suspended by a local court under paragraph (d) of section thirty-nine and the offender
has, during the period of suspension, observed all the conditions specified in the order,
the sentence shall not be enforced.

ty-nine and the offender
has, during the period of suspension, observed all the conditions specified in the order,
the sentence shall not be enforced.

Suspended sentences
(2) If the conditions of any order made under paragraph (d) of section thirty-nine
suspending the operation of a sentence of imprisonment are not fulfilled, the offender
may, upon the order of any local court justice, authorised officer or Judge, be arrested
without warrant and brought before the court which suspended the operation of his
sentence, and such court may direct that the sentence shall be executed forthwith or after
the expiration of any other sentence which such offender is liable to serve:
Provided that the court which suspended the operation of the sentence may, in its
discretion, if it be proved to its satisfaction by the offender that he has been unable
through circumstances beyond his control to perform any condition of such suspension,
grant an order further suspending the operation of the sentence subject to such conditions
as might have been imposed at the time of the passing of the sentence.

der further suspending the operation of the sentence subject to such conditions
as might have been imposed at the time of the passing of the sentence.

(3) In the alternative, where a local court justice, authorised officer or Judge is
satisfied that any person convicted by him of an offence has, by reason of such conviction,
failed to fulfil the
conditions of an order made under paragraph (d) of section thirty-nine suspending the
operation of a sentence of imprisonment, the local court justice, authorised officer or
Judge, as the case may be, may direct that the sentence of imprisonment suspended by
reason of the said order be either executed forthwith or after the expiration of any other
sentence of imprisonment which such person is liable to serve. 46.

of the said order be either executed forthwith or after the expiration of any other
sentence of imprisonment which such person is liable to serve. 46.

A local court may order that any fine which it may impose or compensation
which it may award shall be paid at such time or times or by such instalments as it shall
think fit, and may order that in default of the payment of any instalment the whole of the
unpaid balance of such fine or compensation shall become due, and that on the default of
the payment of any fine, compensation or instalment thereof when due, the amount of
such fine, compensation or instalment, as the case may be, shall, together with the costs
of such levy, be levied by the attachment and sale of any property belonging to the person
ordered to pay such fine, compensation or instalment:
Payment of fines and
compensation

he attachment and sale of any property belonging to the person
ordered to pay such fine, compensation or instalment:
Payment of fines and
compensation

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Provided that such levy shall not be made by the sale of the following forms of
property without the consent of the owner thereof:
(a) personal clothing, bedding and household utensils;
(b) implements of husbandry and trade tools;
(c) foodstuffs grown by such person and required for the feeding of such
person, his spouse or his dependants;
(d) property which is claimed by a third party or in which it is alleged that any
other person has an interest, if the local court, after hearing the same, shall
find such claim or allegation to be well founded. PART V
O FFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
47.

court, after hearing the same, shall
find such claim or allegation to be well founded. PART V
O FFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
47.

(1) Any person subject to the jurisdiction of a local court, who, without lawful
excuse-
Contempt of court
(a) threatens, intimidates or intentionally insults such court or any member or
assessor thereof in his capacity as such; or
(b) intentionally interrupts the proceedings of such court or otherwise behaves
in a disorderly manner before such court; or
(c) omits to deliver up any document or thing in accordance with the order of
such court; or
(d) not being a person who, in the case before the court is accused of an
offence, refuses to answer any question asked by such court which does
not tend to incriminate him; or
(e) while any proceedings are pending in such court, makes use of any speech
or writing misrepresenting such proceedings, or capable of prejudicing any
person in favour of or against any party to such proceedings; or
(f) refuses to sign any statement made by him which such court lawfully
requires him to sign; or
(g) having the means to pay any compensation awarded against him, refuses
or wilfully fails to make such payment after due notice; or

him to sign; or
(g) having the means to pay any compensation awarded against him, refuses
or wilfully fails to make such payment after due notice; or

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(h) wilfully disobeys or fails to comply with any other lawful order of such court;
shall be guilty of an offence and shall be liable on conviction, in the case of an offence
under paragraph (a), to a fine not exceeding eight penalty units or to imprisonment for a
period not exceeding twelve months, or to both, and in any other case, to a fine not
exceeding four penalty units or to imprisonment for a period not exceeding three months,
or to both. (2) When any offence under subsection (1) is committed in view of the court, the
court may cause the offender to be detained in custody, and at any time before the rising
of the court on the day on which the offence is committed may take cognizance of the
offence and sentence the offender to a fine not exceeding three penalty units. (As amended by Act No. 13 of 1994)
48.

itted may take cognizance of the
offence and sentence the offender to a fine not exceeding three penalty units. (As amended by Act No. 13 of 1994)
48.

Any person who-
(a) receives or obtains, or agrees or attempts to receive or obtain, or asks for,
any property or benefit of any kind for himself or for any other person; or
(b) gives, confers or procures, or promises or offers to give, confer or procure,
to, upon or for any person any property or benefit of any kind;
in consideration of the inducement or purported inducement, by corrupt or illegal means or
by improper, personal influence, of any local court or any member or assessor thereof to
do or forbear to do any act which such local court or member or assessor is authorised or
required to do in the exercise of lawful jurisdiction, or to show favour or disfavour to any
person, shall be guilty of an offence and shall be liable on conviction to a fine not
exceeding eight penalty units or to imprisonment for a period not exceeding twelve
months, or to both. (As amended by Act No. 13 of 1994)
Corrupt influence
49.

eight penalty units or to imprisonment for a period not exceeding twelve
months, or to both. (As amended by Act No. 13 of 1994)
Corrupt influence
49.

Any person who-
(a) being, or claiming to be, a member or assessor of a local court or claiming
to be a prospective member or assessor of such court, corruptly receives or
obtains, or asks for, any property or benefit of any kind for himself or for any
other person in consideration of anything already done or omitted to be
done, or to be afterwards done or omitted to be done, by him in the
discharge of the duties of a member or assessor of such court, or for
showing, as such member or assessor, favour or disfavour to any person;
or
(b) corruptly gives, confers or procures, or promises to give, confer or procure
or attempts to procure, to, upon or for any member or assessor of a local
court or to, upon or for any other person, any property or benefit of any kind
in consideration of any such act or omission as is described in paragraph
(a) on the part of any such member or assessor, or in consideration of any
such favour or disfavour as is described in the said paragraph shown by
such member or assessor;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding eighty
penalty units or to imprisonment for a period not exceeding three years, or to both.

and shall be liable on conviction to a fine not exceeding eighty
penalty units or to imprisonment for a period not exceeding three years, or to both.

(As amended by Act No. 13 of 1994)
Corrupt practice

(As amended by Act No. 13 of 1994)
Corrupt practice

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50. (1) Any person who, not being duly authorised under this Act or any other
written law, for the time being in force, purports to exercise judicial functions as a local
court justice, or falsely holds himself out to be a local court justice, shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding eight penalty units, or to
imprisonment for a period not exceeding twelve months, or to both. Adjudication without
authority
Provided that nothing in this subsection shall be deemed to prohibit any African
customary arbitration or settlement in any matter with the consent of the parties thereto if
such arbitration or settlement is conducted in the manner recognised by the appropriate
African customary law. (2) No prosecution for an offence under the provisions of this section shall be
instituted without the written consent of the Director of Public Prosecutions. (As amended by Act No. 13 of 1994)
PART VI
T RANSFER OF CASES , REVISION AND APPEALS
51.

t the written consent of the Director of Public Prosecutions. (As amended by Act No. 13 of 1994)
PART VI
T RANSFER OF CASES , REVISION AND APPEALS
51.

In this Part, unless the context otherwise requires- Interpretation
"adverse award" means a judgment, order or decision against a party which is not
a sentence of fine, imprisonment or corporal punishment;
"appellate court" means a court to which an appeal is made under the provisions of
this Part;
"interested party" means any person subject to the jurisdiction of a local court who
has been either a party to a case in such court or concerned otherwise in
such a case as a person claiming to have suffered loss or damage from any
act or omission alleged in such a case, or against whom an order has been
made in such a case;
"lower court" means a court whose judgment, order or decision is the subject of an
appeal under the provisions of this Part or whose judgment, order or
decision is, or is to be, revised;
"revised", in relation to any judgment, order or decision, means revised under the
provisions of section fifty-four.

ecision is, or is to be, revised;
"revised", in relation to any judgment, order or decision, means revised under the
provisions of section fifty-four.

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52. Every local court shall, when so required by an authorised officer, submit to
such authorised officer a report of any cases or classes of cases tried in such court and
such report shall be made at such times and in such form, including the submission of
case records, as the authorised officer shall direct. Reports on cases
53. (1) Where any proceedings, civil or criminal, have been commenced in a local
court, such local court, or an authorised officer within whose area of jurisdiction such local
court is situate, may at any time before judgment, either with or without an application
from any interested party in that behalf, by order, and for reasons which shall be recorded
in writing on the record of the case, stay such proceedings and, on such terms as may be
just, transfer such proceedings for hearing and determination by some other local court or
to a Subordinate Court of the first or second class within whose area of jurisdiction the
local court wherein such proceedings have been commenced is situate.

ordinate Court of the first or second class within whose area of jurisdiction the
local court wherein such proceedings have been commenced is situate.

Transfer of cases
(2) Where any proceedings are transferred in accordance with the provisions of
subsection (1), the hearing shall be commenced de novo before such other local court or
Subordinate Court of the first or second class, as the case may be, upon payment of the
prescribed fees. (3) Any interested party who is aggrieved by any order of transfer made by a local
court under the provisions of subsection (1) in the case in which he is concerned, or by the
refusal of such court to make such order, may appeal therefrom to a Subordinate Court of
the first or second class within whose area of jurisdiction the local court is situate. (4) Any interested party who is aggrieved by any order of transfer made by an
authorised officer under the provisions of subsection (1) in the case in which he is
concerned, or by the refusal of such authorised officer to make such order, may appeal
therefrom to the High Court.

ion (1) in the case in which he is
concerned, or by the refusal of such authorised officer to make such order, may appeal
therefrom to the High Court.

(5) For the purposes of this section and section fifty-four, the area of jurisdiction of
an authorised officer shall be-
(a) in the case of an authorised officer who is a senior resident magistrate, a
resident magistrate or such other magistrate as the Chief Justice may have
designated as an authorised officer, the territorial limits within which the
Subordinate Court of which he is a magistrate ordinarily exercises
jurisdiction; and
(b) in the case of an authorised officer who is a local courts officer, such
territorial limit as may be prescribed by the Chief Justice under the
provisions of this Act.

n authorised officer who is a local courts officer, such
territorial limit as may be prescribed by the Chief Justice under the
provisions of this Act.

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54. (1) Every authorised officer shall at all times have access to the records of local
courts within the area of his jurisdiction, and may send for and inspect the record of any
proceedings before such court and require the production to him of such other evidence
as he may deem necessary for the purpose of satisfying himself as to the correctness,
legality or propriety of any judgment, order, decision or sentence recorded, made or
imposed by such court, or as to the regularity of such proceedings.

gality or propriety of any judgment, order, decision or sentence recorded, made or
imposed by such court, or as to the regularity of such proceedings.

Powers of inspection
and revision
(2) An authorised officer shall, before exercising the powers conferred by subsection
(3), carry out such inspection and other action under the provisions of subsection (1) as
shall to him appear necessary and, if he considers that undue delay would not be caused,
he may, before exercising such powers, also hear submissions by the interested parties
on the matters in issue between them in the local court concerned, and on the judgment,
order or decision of such court thereon, as if he were hearing an appeal from the same,
and a hearing of submissions shall be deemed to have been carried out if the said parties
have been given reasonable notice thereof and have either failed, without giving good
reason therefor, to attend for the purpose, or have offered, in lieu of such attendance,
written submissions for the purpose which have been given due consideration by the
authorised officer.

e, or have offered, in lieu of such attendance,
written submissions for the purpose which have been given due consideration by the
authorised officer.

(3) Subject to the provisions of subsection (4), an authorised officer may, after
complying with the provisions of subsection (2) and for reasons which he shall record in
writing-
(a) revise any judgment, order or decision of a local court within the area of his
jurisdiction in respect of which no appeal has been validly entered, or no
application for leave to appeal out of time is pending, or any appeal, if
entered, has been withdrawn by reversing, amending or varying in any
manner such judgment, order or decision:
Provided that no award of a civil nature shall be varied to the prejudice of
any party without an opportunity being first given to the party prejudiced of
being heard;
(b) quash any proceedings and, where he considers it desirable, order the case
to be heard de novo either before the same local court or some other local
court or a Subordinate Court of the first or second class situate within the
area of jurisdiction of the authorised officer:
Provided that-
(i) where proceedings are quashed and an order for rehearing is
made as aforesaid, no plea of autrefois acquit or autrefois convict or
estoppel by res judicata shall be deemed to arise out of the
proceedings so quashed;
(ii) when, as aforesaid, any proceedings are quashed and the
case is ordered to be reheard de novo before a Subordinate Court
of the first or second class, the authorised officer shall be competent
to hear such proceedings himself if the proceedings are otherwise
within his jurisdiction;
(iii) an authorised officer who is a local courts officer shall not
exercise revisory powers under this subsection in cases where he
has already sat in an advisory capacity under section fifteen.

urts officer shall not
exercise revisory powers under this subsection in cases where he
has already sat in an advisory capacity under section fifteen.

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(4) In the exercise of his powers under subsection (3), an authorised officer may, in
any criminal matter where he is of opinion that a punishment should be inflicted for the
offence greater than the punisment which either the local court or the authorised officer
has power to inflict, and for reasons which he shall record in writing on the record of the
case, refer the case to a Subordinate Court of the first or second class within whose area
of jurisdiction the local court is situate. (5) Whenever an authorised officer refers a case to a Subordinate Court of the first
or second class for the purposes of subsection (4), he shall send a copy of the record of
the case to the Subordinate Court.

dinate Court of the first
or second class for the purposes of subsection (4), he shall send a copy of the record of
the case to the Subordinate Court.

(6) A Subordinate Court to whom a case is referred under the provisions of
subsection (4) shall-
(a) if it thinks that a different sentence should have been passed, quash the
sentence passed by the local court and order the imposition of such other
sentence within its jurisdiction, whether more or less severe, in substitution
therefor as it may think ought to have been passed; or
(b) if it thinks that a sentence different from the sentence imposed by the local
court should not be passed, order that the case be referred back to the
authorised officer who shall forthwith determine the matter under the
provisions of subsection (3):
Provided that no sentence in any criminal matter shall be enhanced upon revision
without an opportunity being first given to the accused of being heard. (7) Any judgment, order or decision, including any order on review, made in the
exercise of the powers conferred by subsection (3) shall be deemed to be a judgment,
order or decision of the authorised officer who made the same, and any appeal therefrom
shall lie in accordance with the provisions of subsection (2) of section fifty-six. 55.

authorised officer who made the same, and any appeal therefrom
shall lie in accordance with the provisions of subsection (2) of section fifty-six. 55.

The Director shall at all times have access to all local courts and to all records
thereof and, subject to the provisions of this Act, the Director may exercise all the powers
of an authorised officer in relation to any local court. (As amended by Act No. 8 of 1991)
Powers of Director
56. (1) Subject to the provisions of subsection (2), any interested party who is
aggrieved by any judgment, order or decision of a local court given or made in the case in
which he was concerned, and which has not been revised, may appeal therefrom to a
Subordinate Court of the first or second class within whose area of jurisdiction such local
court is situate. Appeals

vised, may appeal therefrom to a
Subordinate Court of the first or second class within whose area of jurisdiction such local
court is situate. Appeals

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(2) Any interested party who is aggrieved by any judgment, order or decision,
including any order on review made with or without submissions under section fifty-four, in
the case in which he was concerned, given or made-
(a) by an authorised officer in the exercise of his powers under section
fifty-four, may appeal therefrom-
(i) in the case of an authorised officer who is a local courts officer or a
magistrate empowered to hold a Subordinate Court of the third
class, to a Subordinate Court of the first or second class within
whose jurisdiction the local court which heard the original
proceedings is situate; or
(ii) in the case of any other authorised officer, to the High Court; or
(b) by the Director in the exercise of his powers under sections fifty-four and
fifty-five, may appeal therefrom to the High Court; or
(c) by a Subordinate Court of the first or second class in the exercise of its
appellate jurisdiction under this section, may appeal therefrom to the High
Court; or
(d) by the High Court in the exercise of its appellate jurisdiction under this
section, may appeal therefrom to the Supreme Court with the leave of a
Judge or, when such leave is refused, with the leave of the Supreme Court.

this
section, may appeal therefrom to the Supreme Court with the leave of a
Judge or, when such leave is refused, with the leave of the Supreme Court.

(3) Any appeal under the provisions of this section shall be entered within thirty days
of the judgment, order or decision appealed against. (As amended by Act No. 8 of 1991)
57. (Repealed by No. 47 of 1970)
58. (1) Any court exercising appellate jurisdiction under the provisions of this Act
may exercise any of the following powers:
Powers on appeal
(a) to grant leave to appeal out of time;
(b) to take, or cause to be taken, additional evidence for reasons to be
recorded;
(c) to dismiss the appeal if, in the opinion of the appellate court, there has been
no substantial miscarriage of justice, notwithstanding that the point raised in
the appeal could be decided in favour of the appellant;
(d) to set aside the proceedings of the lower court and order the case to be
retried in any court of competent jurisdiction:

favour of the appellant;
(d) to set aside the proceedings of the lower court and order the case to be
retried in any court of competent jurisdiction:

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Provided that a Subordinate Court shall not order a retrial in the High
Court;
(e) to enhance, suspend, reduce or otherwise modify the effect of the sentence
or order of the lower court:
Provided that the provisions of subsections (1) and (2) of section
forty-five shall apply to any order made under this paragraph suspending
the operation of any sentence of imprisonment;
(f) to squash, or annul the verdict, order or sentence of the lower court, or any
part thereof, with or without substitution of another verdict, order or
sentence;
(g) to permit the release on bail of a person who is in custody by an order
made in the case by the lower court and whose sentence has been
suspended. (2) An appeal from a local court shall be dealt with by way of rehearing unless the
appellate court, in its discretion, shall see fit to dispense with all, or part, of such
rehearing. 59.

l be dealt with by way of rehearing unless the
appellate court, in its discretion, shall see fit to dispense with all, or part, of such
rehearing. 59.

(1) The entering of an appeal in any case in which an adverse award has been
made or a fine imposed by a local court shall not operate as a stay of execution of
proceedings under such award or in respect of such fine except in so far as such court,
upon the application of the person against whom such award was made or upon whom
such fine was imposed, may order. Effect of entry of
appeal on order,
sentence, etc. (2) After the entering of an appeal by a person who has been sentenced by a local
court to a period of imprisonment, the appellate court, or the lower court may, upon the
application of such person, order that such person be released on bail with or without
sureties pending the hearing of the appeal, and if, upon such hearing, the original
sentence is confirmed or some other sentence of imprisonment is substituted therefor, the
time during which the appellant has been released on bail shall be excluded in computing
the term of imprisonment to which he is finally sentenced. 60.

ime during which the appellant has been released on bail shall be excluded in computing
the term of imprisonment to which he is finally sentenced. 60.

When, under the provisions of section fifty-three, fifty-four, fifty-five or fifty-six
or under the provisions of any other written law, a case which has been before a local
court is sent for trial or retrial before another local court or a Subordinate Court, the local
court from which such case has been sent shall report the proceedings in it to the court to
which such case is sent, which shall thereupon proceed to the trial or retrial of such case,
in criminal matters as though a complaint of facts constituting the offence had been made
to the court, and in civil proceedings as though a complaint therein had been made to the
court, and if fees for any purpose of the case have been paid to the court from which the
case was sent, such fees shall be refunded to the person by whom they were paid and the
said other court shall require the payment to itself of such fees as would be due if the
proceedings had been commenced before it in the first instance. Procedure in
transferred cases

e payment to itself of such fees as would be due if the
proceedings had been commenced before it in the first instance. Procedure in
transferred cases

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61. (1) Any local court, or any other court before which a case from a local court
has been ordered to be tried or retried, or which has before it for revision a case from a
local court, or to which an appeal has been made from a local court, or any authorised
officer in the exercise of his powers under section fifty-four, may, in dealing with any such
matters, require the assistance of assessors and make such use of such assessors as
advisers on matters of African customary law as may be necessary:
Use of assessors
Provided that no person shall sit as an assessor in any court during the hearing of a
case in which he has a personal or pecuniary interest or which was dealt with at any stage
by a court of which he was then a member or assessor. (2) Any advice given by an assessor on matters of African customary law shall,
except where such advice is given to an authorised officer, be given in open court and any
party to the case shall be entitled to give or bring evidence on such matters after such
advice has been given. 62.

er, be given in open court and any
party to the case shall be entitled to give or bring evidence on such matters after such
advice has been given. 62.

No proceedings in a local court, and no warrant, process, order or decree
issued or made thereby, shall be varied or declared void on appeal or revision solely by
reason of defect of procedure or want of form, but every appellate court or person
exercising powers of revision shall decide all matters according to substantial justice
without undue regard to technicalities. Decisions to be in
accordance
substantial justice
63. Every president or other local court justice and every proceeding before such
president or other local court justice shall be subject to the orders and directions of the
High Court. Local court justices to
be subject to
directions of High
Court
PART VII
G ENERAL
64. (1) The registrar, clerks, messengers, or other officers of a local court shall
have the functions, duties and powers allotted to them by or under the provisions of this
Act and by the court.

other officers of a local court shall
have the functions, duties and powers allotted to them by or under the provisions of this
Act and by the court.

Officers of local courts
(2) Any person who obstructs, or fails to assist if called upon so to do, any officer of
a local court, or other person bound to execute lawful warrants or orders issued or made
in the exercise of jurisdiction conferred by this Act, in the execution of his duty or the
exercise of his powers shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding four penalty units or to imprisonment for a period not exceeding three
months, or to both. (As amended by Act No. 13 of 1994)

to a
fine not exceeding four penalty units or to imprisonment for a period not exceeding three
months, or to both. (As amended by Act No. 13 of 1994)

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65. (1) No person shall be liable to any civil action in respect of any act done, or
ordered by him to be done, in a judicial capacity in the exercise of jurisdiction conferred by
this Act, whether or not within the limits of his jurisdiction, if, at the time of such act or
order, he believed in good faith that he had jurisdiction to do such act or make such order,
and no officer of any court, or other person bound to execute lawful warrants or orders
issued or made in the exercise of jurisdiction conferred by this Act, shall be liable in any
civil action in respect of the execution of any warrant or order which he would be bound to
execute if the person issuing the same had been acting in the exercise of lawful authority. Indemnities
(2) Immunity from criminal liability for any act mentioned in subsection (1) shall be
determined in accordance with the provisions of the Penal Code. Cap. 87
66.

y from criminal liability for any act mentioned in subsection (1) shall be
determined in accordance with the provisions of the Penal Code. Cap. 87
66.

(1) Subject to the provisions of any other written law, where anything which has
been tendered or put in evidence in any criminal proceedings before a local court has not
been claimed by any person who appears to the court to be entitled thereto within a period
of twelve months after the final disposal of such proceedings, or of any appeal entered in
respect thereof, such thing may be sold, destroyed or otherwise disposed of in such
manner as the court may by order direct, and the proceeds of any such sale shall be paid
into the general revenues of the Republic.

isposed of in such
manner as the court may by order direct, and the proceeds of any such sale shall be paid
into the general revenues of the Republic.

Disposal of exhibits
(2) If anything which has been tendered or put in evidence in any criminal
proceedings before a local court is subject to speedy and natural decay and the person
entitled thereto is not present in court or cannot otherwise conveniently be found, the court
may, at any stage of the proceedings or at any time after the final disposal of such
proceedings, order that it be sold or otherwise disposed of but shall hold the proceeds of
any such sale and, if such proceeds are unclaimed at the expiration of a period of twelve
months after the final disposal of such proceedings, or of any appeal entered in respect
thereof, shall pay such proceeds into the general revenues of the Republic. (3) Notwithstanding the provisions of subsection (1), a local court may, if it is
satisfied that it would be just and equitable so to do, order that anything tendered or put in
evidence in criminal proceedings before it, should be returned at any stage of the
proceedings or at any time after the final disposal of such proceedings to the person who
appears to be entitled thereto, subject to such conditions as the court may see fit to
impose.

he final disposal of such proceedings to the person who
appears to be entitled thereto, subject to such conditions as the court may see fit to
impose.

(4) An order of a local court made under the provisions of subsection (1) or (2) shall
be final and shall operate as a bar to any claim by or on behalf of any person claiming
ownership of, or any interest in, such thing by virtue of any title arising prior to the date of
such order. 67. (1) The *(1)Minister responsible for home affairs may authorise places for the
detention or imprisonment, as the case may be, of persons taken in the execution of the
process of local courts or sentenced by such courts to imprisonment. * All existing lock-ups declared to be places of detention or imprisonment by G.N. No. 196 of 1967
Places of
imprisonment

such courts to imprisonment. * All existing lock-ups declared to be places of detention or imprisonment by G.N. No. 196 of 1967
Places of
imprisonment

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(2) Any person who is taken in the execution of the process of a local court or who is
sentenced by a local court to imprisonment may be detained or imprisoned, as the case
may be, in any place authorised for the purpose under the provisions of subsection (1),
notwithstanding that such a place is not a prison as defined in the Prisons Act or in any
other written law:
Cap. 97
Provided that no person shall be imprisoned in any such place which is not a prison
as so defined for a period exceeding three months. 68. (1) The Chief Justice may, by statutory instrument, make rules for carrying this
Act into effect, and in particular and without prejudice to the generality of such power,
such rules may-
* All existing lock-ups declared to be places of detention or imprisonment by G.N. No. 196 of 1967.

e to the generality of such power,
such rules may-
* All existing lock-ups declared to be places of detention or imprisonment by G.N. No. 196 of 1967.

Rules
(a) regulate the practice and procedure of local courts and the taking of
evidence therein, including procedure on appeal and the enforcement of
orders and sentences;
(b) prescribe the fees to be charged in local courts;
(c) prescribe the records to be kept by local courts;
(d) prescribe the forms to be used for any of the purposes of this Act;
(e) prescribe the procedure relating to execution and attachment in civil and
criminal cases in local courts;
(f) prescribe the form of, and conditions which may be attached to, bonds to
be entered into by sureties for persons admitted to bail under the provisions
of this Act, or by persons released upon their own recognizances under the
said provisions, or for deposits which may be made in lieu of such bonds;
(g) provide for the variation by other local courts or by Subordinate Courts of
the conditions of bonds imposed, or bail or deposits required, by local
courts admitting persons to bail or releasing them on their own
recognizances;
(h) prescribe the allowances and expenses which may be paid to witnesses
and assessors in cases in local courts;
(i) prescribe the costs which may be allowed in local courts in civil and criminal
cases and in appeals;

esses
and assessors in cases in local courts;
(i) prescribe the costs which may be allowed in local courts in civil and criminal
cases and in appeals;

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(j) prescribe the duties of officers of local courts;
(k) regulate the practice governing the imposition and administration of
corporal punishment, including provisions as to the confirmation of any
sentence of such punishment;
(l) regulate the disposal of items ordered to be forfeited, confiscated or
surrendered by a local court under the provisions of this Act or any other
written law;
(m) prescribe anything to be prescribed under the provisions of this Act. (2) Rules made under the provisions of subsection (1) may make different
provisions in respect of different local courts and grades of local courts. 69. The Minister responsible for home affairs may, by statutory instrument, make
rules providing for the management and government of places authorised under the
provisions of section sixty-seven for the detention or imprisonment of persons on remand
and of persons convicted and awaiting transmission to other custody and for the custody,
detention or imprisonment of such persons therein. Detention and
imprisonment rules
70. Obsolete. 71. Has had its effect.

custody and for the custody,
detention or imprisonment of such persons therein. Detention and
imprisonment rules
70. Obsolete. 71. Has had its effect.

SUBSIDIARY LEGISLATION
LOCAL COURTS
SECTION 13-THE LOCAL COURTS (JURISDICTION ) O RDER
Order by the Minister
Statutory Instruments
353 of 1966
422 of 1966
378 of 1967
22 of 1972
95 of 1976
1. This Order may be cited as the Local Courts (Jurisdiction) Order. Title

utory Instruments
353 of 1966
422 of 1966
378 of 1967
22 of 1972
95 of 1976
1. This Order may be cited as the Local Courts (Jurisdiction) Order. Title

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2. Subject to the provisions of the Act, all local courts shall have jurisdiction to
administer the provisions of-
(a) the written laws specified in the Schedule to the extent indicated in the
second column thereof; and
(b) any statutory instrument made and in force under the provisions of any
written law which such courts have jurisdiction to administer. Enforcement of
specified laws
SCHEDULE
(Paragraph 2)
SPECIFIED LAWS
Written law Provisions which local courts
have jurisdiction to administer
The Brands Act (Chapter 244) . . . . . . . . All provisions
The Zambia National Broadcasting Act (Chapter 154) . . Section 14 (1)
The Cattle Cleansing Act (Chapter 248) . . . . . . All provisions
The Control of Dogs Act (Chapter 247) . . . . . . All provisions
The Cotton Act (Chapter 277) . . . . . . . . All provisions
The Education Act (Chapter 134) . . . . . . . . All provisions
The Firearms Act (Chapter 110) . . . . . . . . All provisions
The Fisheries Act (Chapter 200) . . . . . . . . All provisions
The Forests Act (Chapter 199) . . . . . . . . All provisions
The Local Courts Act (Chapter 29) . .

es Act (Chapter 200) . . . . . . . . All provisions
The Forests Act (Chapter 199) . . . . . . . . All provisions
The Local Courts Act (Chapter 29) . .

. . . . . . All provisions
The Markets Act (Chapter 290) . . . . . . . . All provisions
The Penal Code (Chapter 87) . . . . . . . . Sections 41, 88, 102, 103, 118,
119, 120, 121, 178, 179,
180, 181, 182, 210, 211,
212, 213, 214, 227, 247,
248, 250, 260, 272, 276,
277, 278, 281, 286, 293,
301, 302, 304, 305, 306,
311, 315, 318, 320, 330,
334, 335 (1), 378, 380, 381,
382, 383, 389 and 390
The Personal Levy Act (Chapter 329) . . . . . . All provisions
The Prevention of Cruelty to Animals Act (Chapter 245) All provisions
The Public Pounds and Trespass Act (Chapter 253) . . All provisions
The Public Order Act (Chapter 113) . . . . . . Sections 6, 7, 10, 11 and 15 (2)
The Roads and Road Traffic Act (Chaper 464) . . . . All provisions relating to
offences other than-
(a) those by persons responsible for motor vehicles
and trailers and their servants or agents;
(b) those relating to driving licenses. The Societies Act (Chapter 119) . . . . . . . . All provisions
The Stock Diseases Act (Chapter 252) . . . . . . All provisions
The Traditional Beer Act (Chapter 168) . . . . . . All provisions
The Tsetse Control Act (Chapter 249) . . . . . . All provisions
The Witchcraft Act (Chapter 90) . . .

eer Act (Chapter 168) . . . . . . All provisions
The Tsetse Control Act (Chapter 249) . . . . . . All provisions
The Witchcraft Act (Chapter 90) . . .

. . . . . All provisions
The Registration and Development of Villages Act
(Chapter 289) . . . . . . . . All provisions
(As amended by Act No. 422 of 1966, No. 378 of 1967
No. 22 of 1972 and No. 95 of 1976)

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THE LOCAL COURTS RULES
ARRANGEMENT OF RULES
PART I
PRELIMINARY
Rule
1. Title
2. Procedure
PART II
G RADES OF COURTS
3. Grades
4. Jurisdiction of grades
PART III
RECORDS , RETURNS AND F ORMS
5. Records and returns
6. Prescribed forms
7. Custody of records and property
PART IV
F EES AND REVENUE
8. Prescribed fees
9. Liability for fees
10. Receipts and repayments
11. Disposal of court revenue
PART V
COMMITTAL TO PRISON

ART IV
F EES AND REVENUE
8. Prescribed fees
9. Liability for fees
10. Receipts and repayments
11. Disposal of court revenue
PART V
COMMITTAL TO PRISON

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12. Committal to prison
13. Confirmation of sentence of imprisonment
PART VI
CORPORAL PUNISHMENT
Rule
14. Confirmation of sentence of corporal punishment
15. Place of administration of corporal punishment
16. Caning of physically unfit person
17. Administration of corporal punishment
18. Substitution of other penalty for physically unfit person
PART VII
SERVICE OF PROCESS
19. Preparation and service of summons
20. Service by other methods
21. Execution of process
22. Affidavits of service
23. Date for hearing
PART VIII
APPEALS
24. Notifying rights of appeal
25. Notice of appeal
26. Convicted person in prison
27. Procedure on appeal
28. Obsolete
PART IX
M ISCELLANEOUS PROVISIONS

Notifying rights of appeal
25. Notice of appeal
26. Convicted person in prison
27. Procedure on appeal
28. Obsolete
PART IX
M ISCELLANEOUS PROVISIONS

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29. Arrests without warrant
30. Enhancing or varying decisions in criminal cases
31. Allowances and expenses payable to witnesses and assessors
32. Cases transferred
F IRST SCHEDULE -Fees payable in local courts
SECOND SCHEDULE -Forms and records for use in local courts
SECTION 68-THE LOCAL COURTS RULES Statutory Instruments
293 of 1966
40 of 1969
97 of 1986
170 of 1990
4 of 1992
13 of 1994
46 of 1995
Rules by the Chief Justice
PART I
PRELIMINARY
1. These Rules may be cited as the Local Courts Rules. Title
2. The practice and procedure of local courts shall be regulated in accordance with
these Rules, and in default thereof, in substantial conformity with the law and practice for
the time being observed in a Subordinate Court.
Procedure
PART II
G RADES OF COURTS
3. There shall be two grades of local courts for purposes of jurisdiction entitled
Grade A and Grade B and the court warrant of every local court shall specify to which of
the said grades such court belongs.
Grades

isdiction entitled
Grade A and Grade B and the court warrant of every local court shall specify to which of
the said grades such court belongs.
Grades

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4. Local courts of either grade shall have the jurisdiction conferred on local courts
by the Act, to the extent permitted to each respective grade by the following limitations,
and by any limitations imposed under the Act:
(a) in the exercise of jurisdiction under sections eight and thirty-five of the Act-
Jurisdiction of grades
(i) no local court of either grade shall determine any matrimonial or
inheritance claim which is not based on African customary law; and
(ii) no local court of either grade shall determine any civil claim, other
than a matrimonial or inheritance claim based upon African
customary law, which is greater in value than the amount set out
hereunder for the grade to which such court belongs:
Grade A . . . . 60 fee units
Grade B . . . . 48 fee units
(b) in the exercise of jurisdiction under sections nine and thirty-nine of the Act-
(i) no local court of either grade shall impose a fine exceeding the
amount set out hereunder for the grade to which such court belongs:
Grade A . . . . 20 penalty units
Grade B . . . .

shall impose a fine exceeding the
amount set out hereunder for the grade to which such court belongs:
Grade A . . . . 20 penalty units
Grade B . . . .

12 penalty units
(ii) no local court of either grade shall order infliction of a term of
imprisonment or period of probation exceeding the period set out
hereunder for the grade to which such court belongs:
Grade A . . . . 2 years
Grade B . . . . 18 months;
(iii) no local court of either grade shall order the infliction of corporal
punishment in excess of the number of strokes with a cane set out
hereunder for the grade to which such court belongs:
Grade A . . . . 12 strokes
Grade B . . . . 6 strokes

of the number of strokes with a cane set out
hereunder for the grade to which such court belongs:
Grade A . . . . 12 strokes
Grade B . . . . 6 strokes

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and every such order shall be made in accordance with rules 14 to
18. (As amended by S.I. No. 4 of 1992
and Act No. 13 of 1994)
PART III
RECORDS , RETURNS AND F ORMS
5. Every local court shall cause a written record to be made of the proceedings of
every case determined by it in the exercise of its civil and criminal jurisdiction, and shall
cause a monthly return listing all cases determined by or brought before such court during
that month to be forwarded to the Registrar of the High Court, or to an authorised officer,
as may be directed by the Registrar of the High Court. Records and returns
6. The forms and records appearing in the Second Schedule, with such variations
as the circumstances of each case may require, shall be used for the respective purposes
therein mentioned, and when so used shall be sufficient for such purpose. Prescribed forms
7.

e may require, shall be used for the respective purposes
therein mentioned, and when so used shall be sufficient for such purpose. Prescribed forms
7.

The clerk of every local court shall be responsible for the making and
submission of such records and returns as may be required from such court under section
fifty-two of the Act and rule 5, and for the safe keeping of all books, forms and other
documents and records belonging to such court, and of all money and other property
which may come into such court's possession, and for the production of the same for
inspection at any time by the Director, an authorised officer or any other officer, including
an official of the Audit Department of the Government, who is permitted by an authorised
officer to inspect the same, or for any other lawful purpose and shall observe all directions
given by an authorised officer concerning such safe keeping and production. (As amended by Act No. 8 of 1991)
Custody of records
and property
PART IV
F EES AND REVENUE
8. (1) The fees payable in local courts shall be as specified in the First Schedule,
and shall be paid in cash.

and property
PART IV
F EES AND REVENUE
8. (1) The fees payable in local courts shall be as specified in the First Schedule,
and shall be paid in cash.

The fee for a summons or for a copy of a document shall be
paid before the issue of such summons or the making of such copy, as the case may be,
a hearing fee or a fee on appeal upon the hearing of the case concerned or the entering of
such appeal, as the case may be, and the fee on execution upon the levying of such
execution:
Prescribed fees

of the case concerned or the entering of
such appeal, as the case may be, and the fee on execution upon the levying of such
execution:
Prescribed fees

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Provided that a local court may in its discretion remit all or part of any fees payable
when satisfied that the person liable for them is by reason of poverty unable to pay such
fees or part thereof, as the case may be, or that there is other good cause for such
remission. (2) A fee of two units shall be paid to a local court by parties to a customary law
marriage for the issue of a marriage certificate. (3) A fee of two units shall be paid to a local court by parties to a customary law
marriage upon dissolution of their marriage for the issue of a divorce certificate. (As amended by S.I. No. 4 of 1992
and Act No. 13 of 1994)
9.

y law
marriage upon dissolution of their marriage for the issue of a divorce certificate. (As amended by S.I. No. 4 of 1992
and Act No. 13 of 1994)
9.

The fee for any summons or on any appeal or for any copy of a document shall
be paid by the party applying for such summons or copy or entering such appeal, as the
case may be; a hearing fee shall be paid by such party to the case as the court may direct
or, failing such direction, by the plaintiff, and the fee on execution by the party against
whom such execution is levied:
Liability for fees
Provided that where a party who is successful in a case has paid any fees to a local
court in respect of such case then, unless the court shall have ordered otherwise, the
other party or such other party as the court may direct shall pay the amount of fees to the
said successful party. 10. (1) The clerk of every local court, or other officer thereof detailed for the
purpose, shall issue or cause to be issued a receipt for every fee paid to such court, and
for every fine paid and for every deposit accepted for release on bail and for every amount
received as the result of forfeiture of a bail bond, and for every payment into such court of
money for any other purpose.

n bail and for every amount
received as the result of forfeiture of a bail bond, and for every payment into such court of
money for any other purpose.

Receipts and
repayments
(2) When any fee or fine is refunded, or any fine paid out as compensation or
damages or any deposit accepted for release on bail is refunded, or any payment into
court of money for any other purpose is paid out or delivered to any person, the person
receiving the same shall provide the court making such refund or payment or delivery with
a written acknowledgment of having received the money concerned. 11. All fines and fees except such as are to be refunded or paid as compensation
under these Rules or by order of court, and all proceeds of any order of forfeiture made by
any court shall, if lawfully received by a court, be paid into the general revenues of the
Republic. Disposal of court
revenue
PART V
COMMITTAL TO PRISON

court shall, if lawfully received by a court, be paid into the general revenues of the
Republic. Disposal of court
revenue
PART V
COMMITTAL TO PRISON

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12. (1) Whenever a local court, pending or during or at the conclusion of any
proceedings against any person before it, remands such person in custody and does not
release him on bail, it shall-
Committal to prison
(a) if he can be kept during the period of such remand in the precincts of the
court or in a place of detention authorized under section sixty-seven of the
Act, remand him to be kept therein for the period of such remand or for
three clear days, whichever period is the shorter; or
(b) if he cannot be so kept, issue a warrant of commitment on remand signed
by a member of such court committing such person to prison for the period
of such remand or for fifteen clear days, whichever period is the shorter;
and on the expiration of such period shall have him brought before it to proceed with the
hearing of his case, or for further remand as hereinbefore provided, which further remand
shall be endorsed by a member of the court on any warrant that was issued for the original
remand.

mand as hereinbefore provided, which further remand
shall be endorsed by a member of the court on any warrant that was issued for the original
remand.

(2) A sentence of imprisonment imposed by a local court under the provisions of the
Act, or any other written law, shall not be carried into effect until the sentence has been
confirmed by an authorised officer. 13. (1) Every person convicted and sentenced to a term of imprisonment without
the option of a fine by a local court, shall be remanded in custody on the day of his
conviction pending confirmation of such sentence by an authorised officer.

of a fine by a local court, shall be remanded in custody on the day of his
conviction pending confirmation of such sentence by an authorised officer.

Confirmation of
sentence of
imprisonment
(2) Every person sentenced to imprisonment by a local court shall immediately be
sent to an authorised officer together with the court's record of the case in which he was
so sentenced and a warrant of commitment to undergo such sentence signed by a
member of such court, and if such officer shall certify on such warrant that he has
confirmed the sentence of imprisonment ordered by it or has varied it to a period specified
in such certificate, the said warrant, amended by him to conform to any variation so made,
shall take effect and the date of commencement of the said imprisonment, as so
confirmed or varied, shall be the date on which the said sentence of imprisonment was
confirmed, or if it was ordered as an alternative to payment within a specified period of a
fine or compensation, which payment has not been made, the date of expiration of such
period.

an alternative to payment within a specified period of a
fine or compensation, which payment has not been made, the date of expiration of such
period.

(3) If the local court concerned shall not have produced a warrant of commitment in
accordance with this rule, the said authorised officer, on being satisfied that such court
has made an order for such commitment, may issue a warrant therefor in pursuance of
such order which shall be deemed to be the warrant which such local court was required
to produce. PART VI
CORPORAL PUNISHMENT

herefor in pursuance of
such order which shall be deemed to be the warrant which such local court was required
to produce. PART VI
CORPORAL PUNISHMENT

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14. (1) Every person convicted and sentenced to corporal punishment by a local
court shall be remanded in custody on the day of his conviction pending confirmation of
such sentence by an authorised officer, and administration of the corporal punishment. Confirmation of
sentence of corporal
punishment
(2) Every person sentenced to corporal punishment by a local court shall
immediately be sent to an authorised officer together with the court's record of the case in
which he was so sentenced and a warrant of commitment to undergo such sentence
signed by a member of such court, and if such officer shall certify on such warrant that he
has, under section forty-three (7) (b) of the Act, confirmed the sentence of corporal
punishment ordered by it or has varied it to an amount specified on such certificate, the
said warrant amended by him to conform to any variation so made shall take effect subject
to the provisions of section forty-three (7) of the Act.

the
said warrant amended by him to conform to any variation so made shall take effect subject
to the provisions of section forty-three (7) of the Act.

(3) If the local court shall not have produced a warrant of commitment in accordance
with this rule, the authorised officer, on being satisfied that such court has made an order
for such commitment, may issue a warrant therefor in pursuance of such order which shall
be deemed to be the warrant which such local court was required to produce. 15. No corporal punishment ordered by a local court shall be administered except
in a lawfully established prison or in the presence of an authorised officer, and if possible
in the presence of a medical officer, and no such punishment shall be administered in
public. Place of administration
of corporal punishment
16. No corporal punishment ordered by a local court shall be administered unless,
in the opinion of a medical officer, if one is available, or of an authorised officer if no
medical officer is available, the person to whom it is to be administered is physically fit to
undergo it; and no such punishment shall be continued if, in the opinion of such officer,
such person is not physically fit to undergo the remainder thereof. Caning of physically
unfit person
17.

ontinued if, in the opinion of such officer,
such person is not physically fit to undergo the remainder thereof. Caning of physically
unfit person
17.

(1) Corporal punishment shall be administered with a rattan cane which shall
be-
Administration of
corporal punishment
(a) for the caning of a male juvenile under the apparent age of nineteen years,
of length ninety-two centimetres and diameter not more than one
centimetre;
(b) for the caning of a male juvenile adult between the apparent ages of
nineteen and twenty-one years, of length one thousand two hundred and
twenty milimetres and diameter not more than twelve point five milimetres. (2) Corporal punishment shall be administered on the buttocks of the person
sentenced thereto, from the side, and during such administration a blanket folded at least
three times, or equivalent form of protection, shall be placed and kept across the small of
the back immediately next to the buttocks of such person and a piece of thin cotton cloth
soaked in water and wrung out shall be kept spread over the buttocks of such person.

t to the buttocks of such person and a piece of thin cotton cloth
soaked in water and wrung out shall be kept spread over the buttocks of such person.

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(3) No sentence of corporal punishment shall be administered by instalments, and if
more such sentences than one have been imposed on one day by the same local court on
the same person, they shall be administered as if they together constituted one sentence,
to be caned once only, with the total number of strokes specified in such sentences up to
but not exceeding the limit for any one such sentence mentioned in section forty-three (6)
of the Act. 18. When any corporal punishment ordered by a local court, as duly confirmed or
varied under rule 14, fails to be administered by reason of the operation of rule 16, the
authorised officer who confirmed or varied the order for such punishment, on being duly
informed of such non-administration and acting in exercise of his powers under section
fifty-four of the Act, may substitute such other penalty as he considers appropriate. Substitution of other
penalty for physically
unfit person
PART VII
SERVICE OF PROCESS
19.

y substitute such other penalty as he considers appropriate. Substitution of other
penalty for physically
unfit person
PART VII
SERVICE OF PROCESS
19.

Every summons issued by a local court under the provisions of section
seventeen of the Act shall-
(a) be in writing, in duplicate, and signed by the registrar or clerk of such court
or by a member thereof; and
(b) be directed to the person summoned, requiring him to appear, at a time and
place to be therein specified before such court; and
(c) state shortly the offence charged, the cause of action or any other reason
for which such person is summoned; and
(d) be served by an officer of a local by which it is issued or to which it is sent
under the provisions of rule 21, as the case may be, or by a police officer or
other public officer, or by any other person specially appointed thereto by
the court issuing the same; and
(e) be served personally on the person summoned by delivery or tender to him
of the summons or its duplicate:
Provided that where personal service of such summons is not
practicable, it may be served in such manner as may be prescribed under
the provisions of rule 20. Preparation and
service of summons
20.

mmons is not
practicable, it may be served in such manner as may be prescribed under
the provisions of rule 20. Preparation and
service of summons
20.

Where it appears to a member of a local court (either after or without an
attempt at personal service) that, for any reason, personal service cannot conveniently be
effected, he may order that service be effected, either-
(a) by delivery of the document to some adult person at the usual or last known
place of abode or place of business or village of the person to be served; or
(b) by placing the document in an envelope and addressing and posting the
same by prepaid registered post to the person to be served at his last
known address. Service by other
methods

envelope and addressing and posting the
same by prepaid registered post to the person to be served at his last
known address. Service by other
methods

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21. (1) In this rule, unless the context otherwise requires-
"issuing court" means the local court by which any process is issued;
"process" means any summons, warrant or other process issued by a local court;
"receiving court" means the local court to which any process is sent in accordance
with the provisions of this rule. Execution of process
(2) Any process issued by a local court may be served or executed at any place
within the area of jurisdiction of the authorised officer within whose area of jurisdiction the
issuing court is situate.

ved or executed at any place
within the area of jurisdiction of the authorised officer within whose area of jurisdiction the
issuing court is situate.

(3) Where any process is to be served or executed outside the area of jurisdiction of
the authorised officer within whose area of jurisdiction the issuing court is situate, such
court shall send the process to such authorised officer, and upon receipt thereof the
authorised officer shall, if satisfied that the process was lawfully issued, endorse the same
and send it to the local court whose jurisdiction includes the place where the process is to
be served or executed, and the receiving court shall endorse such process and shall
cause it to be served or executed as if it had been issued by the receiving court. 22. An affidavit that a summons, warrant or other process has been served or
executed under the provisions of these Rules, or an endorsement that such summons,
warrant or other process has not or cannot be so served or executed, or a certificate of
posting by registered post shall be made or produced by the person by whom such
service or execution was effected or attempted:
Affidavits of service
Provided that no such affidavit shall be required when the person who served or
executed any summons, warrant or other process gives evidence to that effect in the court
concerned. 23.

all be required when the person who served or
executed any summons, warrant or other process gives evidence to that effect in the court
concerned. 23.

On fixing the date for hearing any case, the registrar or clerk of the local court
shall take account of the necessity for service of process to be effected on the defendant
or on any witnesses to be summoned not less than seven clear days before the date of
hearing; and every summons to a defendant or witness shall be served not less than
seven clear days before the date of hearing. Date for hearing
PART VIII
APPEALS
24. At the conclusion of every case in a local court, the court shall inform the
parties of their rights of appeal. Notifying rights of
appeal

APPEALS
24. At the conclusion of every case in a local court, the court shall inform the
parties of their rights of appeal. Notifying rights of
appeal

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25. Any interested party who is aggrieved by any judgment, order or decision of a
local court given or made in the case in which he was concerned, and which has not been
revised, and who desires to appeal, shall give notice of appeal in the prescribed form to
the clerk of the local court who shall transmit to the appellate court such notice of appeal
together with the record of the case and the judgment or order therein. Notice of appeal
26. If a convicted person in prison desires to appeal, he shall inform the officer in
charge of the prison, who shall thereupon take immediate steps to transmit notice of the
appeal to the clerk of the local court by which he was convicted. Convicted person in
prison
27. Every appellant shall be entitled, if he so desires, to be present at the hearing
of his appeal and to be heard either personally or by a legal practitioner.

ppellant shall be entitled, if he so desires, to be present at the hearing
of his appeal and to be heard either personally or by a legal practitioner.

If he does not
desire to be present or to be heard either personally or by a legal practitioner, then the
appellate court shall decide the appeal without hearing argument, unless it sees fit to
direct otherwise, on the documents forwarded to it in accordance with the provisions of
rule 25. Procedure on appeal
28. Obsolete. PART IX
M ISCELLANEOUS PROVISIONS
29. In the event of the arrest without warrant of any person by an officer of a local
court, such officer shall notify the person being arrested of the reason for his arrest and,
unless he shall sooner release such person, shall, without unnecessary delay, bring the
person arrested before a local court, or a Subordinate Court, having jurisdiction over the
place where the arrest was effected, to be further dealt with according to law. Arrests without warrant
30. In any case in which an authorised officer proposes, in exercise of his powers
under section fifty-four of the Act, to revise any judgment in a criminal case heard in a
local court by enhancing, quashing or otherwise varying such judgment to the prejudice of
the accused, an opportunity must be given to the accused of being heard.

by enhancing, quashing or otherwise varying such judgment to the prejudice of
the accused, an opportunity must be given to the accused of being heard.

Enhancing or varying
decisions in criminal
cases
31. The allowances and expenses which may be paid to witnesses and assessors
in cases heard in local courts shall be the same as those paid in a Subordinate Court. Allowances and
expenses payable to
witnesses and
assessors
32. When any case is transferred from the High Court or a Subordinate Court to a
local court for trial or retrial, the procedure described in section sixty of the Act shall,
mutatis mutandis, be followed. Cases transferred
FIRST SCHEDULE

court for trial or retrial, the procedure described in section sixty of the Act shall,
mutatis mutandis, be followed. Cases transferred
FIRST SCHEDULE

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(Rule 8)
FEES PAYABLE IN LOCAL COURTS
1. For the issue of a summons to a defendant in a civil case, on application by Fee units
a party thereto 2
2. For the issue of a summons to a witness in a civil case on application by a
party thereto 2
3. As hearing fee in respect of a civil case Not less than 10 and not
more than 15 as the court
may direct
4. On execution of a warrant of distress 150 or such less sum as the
court may direct
5. On entering appeal to a Subordinate court 15
6. For each copy of any records of a case supplied for other than official use 3 per page or part thereof
7. For the issue of a marriage certificate to parties to a customary law marriage 2 per page or part thereof
8. For the issue of a divorce certificate to parties to a customary law marriage
upon dissolution of their marriage 2
(As amended by S.I. No. 97 of 1997, No. 170 of 1990, No. 46 of 1995 and Act No. 13 of 1994)
SECOND SCHEDULE

riage
upon dissolution of their marriage 2
(As amended by S.I. No. 97 of 1997, No. 170 of 1990, No. 46 of 1995 and Act No. 13 of 1994)
SECOND SCHEDULE

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(Rule 6)
FORM L.C.1
FORMS AND RECORDS FOR USE IN LOCAL COURTS
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SUMMONS TO DEFENDANT IN CIVIL CASE
IN THE ........................................................................... LOCAL COURT ............................................................DIVISION
To ............................................................................................... of ........................................................................................ :
You are hereby commanded in the name of the President to appear before this Court on the ............. day of
.............................., 19......, at ........m. or any later time at which the hearing of your case may begin, to answer a claim
made by .............................................. (plaintiff) of .................................................................................................................... (address)
The plaintiff claims......................................................................................................................................................

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

(give details enough to show defendant what he has to answer,
.................................................................................................................................................................................................... e.g. state "divorce", "compensation", "refund", or as the case may be, and amount
.................................................................................................................................................................................................... claimed if applicable, with reason for such claim mentioning names concerned and place
.................................................................................................................................................................................................... and date, and state any amount or thing offered in return)
together with the costs of this case incurred by him. Date Stamp of Court ........................................................................

rn)
together with the costs of this case incurred by him. Date Stamp of Court ........................................................................

Court Registrar or Clerk
(NOTE.-If the Court approves, Form L.C.2 (for Consent to Judgment) may be made out and attached to the original of
this Summons before it is sent for service.)
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said.................................................................................... on the
.............................., 19......, at .......................................................... (place)
*This Summons has not been served because ...................................................................................................................... .................................................................................................................................................................................................... Date ..................................., 19.... ....................................................................................................

Date ..................................., 19.... ....................................................................................................

Signature of person required to
serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said .........................................................................................., on
the ......................................19......, at ........................................................... (place)
Date ..................................., 19.... ........................................................................ Signature of person required to
serve Summons
* Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]

........................ Signature of person required to
serve Summons
* Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]

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ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of
jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: ........................................................................
Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served.
Date Stamp Endorsed: ........................................................................
Local Court Justice

urisdiction Summons is to be served.
Date Stamp Endorsed: ........................................................................
Local Court Justice

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FORM L.C.2
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE AND FORM FOR CONSENT TO JUDGMENT
(for attachment to Original of Summons to Defendant)
IN THE............................................................... LOCAL COURT, ............................................................................DIVISION. To ............................................................................ of .............................................................................................................. Whereas Summons No. ......................... dated the ..............................................., 19......, has been issued and served
upon you, ordering you to appear before this Court on the ................................ 19....., to answer the claim made against
you by ........................................

ar before this Court on the ................................ 19....., to answer the claim made against
you by ........................................

which is set forth therein;
Take notice that if you do not wish to appear in person to answer the said claim, you will be excused from appearing on
the date ordered in the said Summons if you sign (before a witness) and detach the *Consent to Judgment hereunder and
have it sent to reach this Court before the said date, whereupon the Court may agree to give judgment in your absence for
payment by you of the total amount stated in such Consent, or it may adjourn the case and order you to appear for the
hearing thereof at a specified later date. If you do not use the Consent to Judgment as aforesaid, you must appear in
person on the date ordered by the said Summons. If you sign and send the Consent to Judgment as aforesaid, you must pay into Court the total amount stated therein not
later than the date for payment stated therein, and if you do not do so by such date you may be ordered to pay extra costs
in addition to such amount. Date Stamp of Court ........................................................................ Local Court Justice
* To be completed as fully as possible, by court issuing Summons.

................................................................ Local Court Justice
* To be completed as fully as possible, by court issuing Summons.

(To detach Consent to Judgment, cut along dotted line)
.................................................................................................................................................................................................... CONSENT TO JUDGMENT
I, ........................................................................................................, apply to be excused from appearing in person on the
................................., 19......., to answer the claim made against me by .................................................................................... as ordered by Summons No. ........................ issued on the ...................................... 19......, by the ............. Local Court;
and hereby agree to accept the said Court's judgment on the said claim although given against me in my absence to the
extent of the total amount herein stated, and I undertake to pay into Court not later than the ...................................., 19....,
in satisfaction of such claim, the sum of ...................

rtake to pay into Court not later than the ...................................., 19....,
in satisfaction of such claim, the sum of ...................

fee units plus the cost of serving the said Summons, made up as
follows:
Amount claimed
Summons fee 3 fee units
Hearing fee
....................................................................... Witness } fee units ................... , plus cost
of serving Summons: ....................................................*
=Total amount in fee units ................................*
.................................................................. Defendant
Date ...................................., 19........ * To be inserted by court serving Summons. (As amended by Act No. 13 of 1994)

........ Defendant
Date ...................................., 19........ * To be inserted by court serving Summons. (As amended by Act No. 13 of 1994)

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FORM L.C.3
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SUMMONS TO ACCUSED
IN THE ..................................................................... LOCAL COURT, .................................................................... DIVISION. To ...................................................................................... of .................................................................................................... You are hereby commanded in the name of the President to appear before this Court on the ............................ day of
......................................, 19......., at ...............................m. or any later time at which the hearing of your case may begin, to
answer a charge that you committed the offence of.................................................................................................................... ....................................................................................................................................................................................................

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

(state offence, with time and place and law contravened)
(NO FEE)
Date Stamp of Court ........................................................................ Court Registrar or Clerk
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
* The original of this Summons was served by me on the said....................................................................................on the
............................................, 19........, at .................................................................... (place)
* This Summons has not been served because .................................................................................................................... Date ..................................., 19.... ........................................................................ Signature of person required to
serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said ................................................................................................ .............................

erved by me on the said ................................................................................................ .............................

on the .........................................., 19......., at .............................................................................................. place
Date ..................................., 19.... ........................................................................ Signature of person required to
serve Summons
* Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of
jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................ Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

ons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

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Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.4
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
WARRANT TO ARREST ACCUSED
IN THE ........................................................................LOCAL COURT, .................................................................. DIVISION. To .............................................................., Local Court Messenger, and other Officers:
Whereas ............................................................................ of ................................................................................................ is charged with the offence of...................................................................................................................................................... (state offence, with time and place and law contravened)
....................................................................................................................................................................................................

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

*and following his release on bail the Court is of the opinion that
*the security for his due appearance is insufficient,
*by reason of imminent departure by him from Zambia, it is unlikely that he will make due appearance or comply
with all other conditions of his release on bail. You are hereby ordered to apprehend the said person and produce him without unnecessary delay before this Court to
answer the said charge or be committed for trial thereon and be further dealt with according to law. Date Stamp of Court ........................................................................ Local Court Justice
* Delete this paragraph if not applicable or item thereof which is not applicable. ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me on the ...................................., 19 .........at .................................................................... .................................................................... (place)
*This Warrant has not been executed because ......................................................................................................................

t has not been executed because ......................................................................................................................

Date ........................................................................., 19..... ......................................................................................... Signature of person required to
execute Warrant
(ON SUBSEQUENT EXECUTION)
*This Warrant was executed by me on the.............................................................................................................., 19.......,
at .................................................................... (place)
Date ........................................................................., 19........... ................................................................................... Signature of person required to
execute Warrant
*Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person to be apprehended is in different District, outside area of jurisdiction of the authorised officer within whose area
of jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................

ated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................

Signature
Endorsement by Local Court within whose area of jurisdiction warrant of arrest is to be executed. Date Stamp Endorsed: ........................................................................................ Local Court Justice

t is to be executed. Date Stamp Endorsed: ........................................................................................ Local Court Justice

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.5
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SUMMONS TO WITNESS IN CIVIL CASE ON APPLICATION BY PARTY
IN THE ........................................................................ LOCAL COURT, ..................................................................DIVISION. To .................................................................................... of ...................................................................................................... You are hereby commanded in the name of the President to appear before this Court on the ................... ............................ day of ......................................, 19 ......., at ......................................... or any later time at which the
hearing of the case concerned may begin, to give evidence in the case of .........................................................................

the
hearing of the case concerned may begin, to give evidence in the case of .........................................................................

versus ............................................................................................................................................, which relates to a claim for
.................................................................................................................................................................................................... (state briefly nature of claim)
Date Stamp of Court ...................................................................................... Court Registrar or Clerk
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said................................................................................................ on the ..........................................., 19......., at ................................................ (place)
*This Summons has not been served because ...................................................................................................................... ............................................................................................

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

Date ................................................................., 19....... ................................................................................... Signature of person required to
serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said....................................................................... on the
..........................................., 19......., at ................................................ (place)
Date ........................................................................, 19....... ................................................................................... Signature of person required to
serve Summons
*Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of
jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................

ated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................

Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

ons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.6
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SUMMONS TO WITNESS, IN CIVIL CASE AT COURT'S INSTANCE, OR IN CRIMINAL CASE, TO ATTEND HEARING
IN THE....................................................................... LOCAL COURT, ....................................................................DIVISION. To ...................................................................................... of .................................................................................................... You are hereby commanded in the name of the President to appear before
*the .............................................. Local Court on the ...................................................... day of.............................................,
*this
19......., at ....................................................... m. or any later time at which the hearing of the case concerned may begin,
to give evidence in the case of.............................................. versus,..........................................................................................

ase of.............................................. versus,..........................................................................................

which relates to a *claim for ...................................................................................................................................................... *charge of (state briefly nature of claim or offence)
(NO FEE)
Date Stamp of Court ...................................................................................... Court Registrar or Clerk
*Delete words not applicable. ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said................................................................................................ on the ..........................................., 19......., at ................................................ (place)
*This Summons has not been served because ...................................................................................................................... ............................................................................................ Date ............................................................................., 19....... ........................................................................

.................................................................., 19....... ........................................................................

Signature of person required to
serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said.................................................................................................. on the ..........................................., 19......., at ................................................ (place)
Date ............................................................................., 19....... ........................................................................ Signature of person required to
serve Summons
* Delete item not applicable. (See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of
jurisdiction the issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................ Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

ons is to be served. Date Stamp Endorsed: ........................................................................................ Local Court Justice

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.7
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SEARCH WARRANT
IN THE ........................................................................ LOCAL COURT, ..................................................................DIVISION. To ............................................................................., Local Court Messenger, and other Officers:
Whereas this Court has been satisfied by evidence given to it by.......................................................................................... of .......................................................................................................... that the following articles alleged by him to have been
.................................................................................................................................................................................................... (e.g. "used in assault on..............................................................................................................................................................

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

at ..........................................................", "stolen from ...............................................", or as the case may be) may be in
.................................................................................................................................................................................................... (specify building, etc., or place)
which is under the control of ...................................................................................................................................................... You are hereby authorised and ordered to search without unnecessary delay the said ........................................................ (building, etc., or place)
* in the day time* for the said articles, and on finding any of them to seize them and produce them to the
................................................................................. Court to be dealt with according to law. Date Stamp of Court ...................................................................................... Local Court Justice
* Delete and substitute "during either the day or the night" if Court authorises night search.

................................... Local Court Justice
* Delete and substitute "during either the day or the night" if Court authorises night search.

ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me by searching as aforesaid on the ............................................., 19 ........, and making
seizure and production as required thereby. *This Warrant has not been executed because ...................................................................................................................... Date ............................................................................, 19....... .................................................................................. Signature of person required to
execute Warrant
(ON SUBSEQUENT EXECUTION)
*This Warrant was executed by me by searching as aforesaid on the ....... .........., 19 ....., and making seizure and
production as required thereby. Date ............................................................................, 19........ .................................................................................. Signature of person required to
execute Warrant
* Delete item not applicable.

........................................................................ Signature of person required to
execute Warrant
* Delete item not applicable.

(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If place, etc., to be searched is outside area of jurisdiction of the authorised officer, within whose area of jurisdiction the
issuing court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................ Signature
Endorsement by Local Court within whose area of jurisdiction search warrant is to be executed. Date Stamp Endorsed: ........................................................................................ Local Court Justice

t is to be executed. Date Stamp Endorsed: ........................................................................................ Local Court Justice

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.8
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE OF HEARING OF CASE
IN THE ........................................................................ LOCAL COURT, ..................................................................DIVISION. To ....................................................................................... of .................................................................................................... plaintiff
complainant in the case of .............................................................. versus ................................................................................ for .................................................................... (state briefly nature of claim or offence)
Take notice that the said case is set down for hearing by this Court on the ........................................................................... day of .........................................................., 19........, and you are required to appear before it on that day,
at.............................. m.

..............................................., 19........, and you are required to appear before it on that day,
at.............................. m.

or any later time at which the hearing of the said case may begin, together with your witnesses
and any articles or papers to be produced as evidence, for the purpose of such hearing. If, without having shown good reason, you do not so appear, the Court may dismiss your
claim
complaint. If for good reason you wish the said hearing date to be changed, you must apply as soon as possible to this Court for
such change to be made. Date Stamp of Court ...................................................................................... Court Registrar or Clerk
ACKNOWLEDGMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required. *apply for the date to be changed to the ................................................................................, 19........, because
........................................................................................... Date .................................................................., 19.......... ...................................................................................... Signature
* Delete words not applicable.

........, 19.......... ...................................................................................... Signature
* Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.9
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
WARRANT OF COMMITMENT ON REMAND
IN THE........................................................................ LOCAL COURT, .................................................................. DIVISION. To ....................................................., Local Court Messenger, and other Officers, and the Officer in charge of the
Government Prison at ............................................................ You are hereby required to lodge............................................................................................................................................ of ...................................................................., apparent age ................................................... years, who is accused of the
offence of .....................................................................................................................................

f the
offence of .....................................................................................................................................

(state offence, with time and place and law contravened)
.................................................................................................................................................................................................... in the said prison, together with this Warrant, in which prison the said person shall be kept in custody (subject to any
release on bail that may be ordered) until the *................................................................ day of .............................., 19 ........,
whereupon the said person shall be brought before the ............................................................................................................ Court at ................................................... to be dealt with according to law. (place)
Date Stamp of Court ...................................................................................... Local Court Justice
* Not more than fifteen days after date of Warrant.

.............................................................................. Local Court Justice
* Not more than fifteen days after date of Warrant.

ENDORSEMENTS
The Court, on production before it of the said person, orders the extension of the said period of custody until the
*......................................................day of................................................, 19........ Date Stamp of Court ...................................................................................... Local Court Justice
* Not more than fifteen days after date of order. The Court, as above, orders the said period to be further extended to the *.......... ..........,19...... Date Stamp of Court ...................................................................................... Local Court Justice
* Not more than fifteen days after date of order.

................................................................................ Local Court Justice
* Not more than fifteen days after date of order.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.10
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
CASE-RECORD-CRIMINAL CASES: LOCAL COURT
CASE No. OF 19 . IN THE.......................................................................... LOCAL COURT, ................................................................ DIVISION. ............................................................................... DISTRICT, holden at .................................................................................. before
on the day of 19 , at o'clock in the
noon. ___________________________
THE PEOPLE versus.................................................................................................................................................................. Tribe ................................................................................ Residential address ................................................................ Village ............................................................................ ................................................................................................

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

Chief................................................................................ ................................................................................................ District ............................................................................ Postal address ........................................................................ Occupation ...................................................................... ................................................................................................ Age ................................ Sex.......................................... ................................................................................................ Accused was served on .................................................... with a Summons dated.................................................................... Accused was arrested on ............................................. under Warrant dated ............................................................................

sted on ............................................. under Warrant dated ............................................................................

Accused was arrested without Warrant on ................................................................................................................................ Accused was released on bail or on his own recognizance on................................................................................................... CHARGE:
(1st Count)
(If space insufficient, continue overleaf)
Statement of offence:
Particulars of offence: ...................................................................................... Local Court Justice or Public Prosecutor
[P.T.O. [On reverse]
Prosecutor:
Interpreter:
Charge explained to accused:
Accused, when called upon to plead, says:
The Court records a plea of:

utor
[P.T.O. [On reverse]
Prosecutor:
Interpreter:
Charge explained to accused:
Accused, when called upon to plead, says:
The Court records a plea of:

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.11
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
CASE-RECORD-CIVIL CASES: LOCAL COURT
IN THE.......................................................................... LOCAL COURT, ................................................................ DIVISION. commencing on the ..............................................., 19....... Case No ....................................................................... of 19 ........ Plaintiff ........................................................................................................................................................................................ Defendant(s) (state ages of those aged 21 or less) .................................................................................................................... ....................................................................................................................................................................................................

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

.................................................................................................................................................................................................... Act complained of, with time and place ...................................................................................................................................... What is claimed .......................................................................................................................................................................... [RECORD OF PROCEEDINGS OVERLEAF]
JUDGMENT (Verdict and Order):
(reasons at end of Record)......................................................................................................................................................... .................................................................................................................................................................................................... Fees paid .......................................................................... Receipt Nos ....................................................................................

..................................................... Receipt Nos ....................................................................................

Date ............................................., 19 ........ ......................... } Local
Court Registrar or Clerk.............................................. ......................... Court
......................... Justices
Inspected. Date Stamp ............................................................................................. Signature and Title of Authorised Officer
On Revision............................................................................................................................................................................ .............................................................................................................................................................................................. Date ............................................., 19......... .............................................................................................. Signature and Title of Authorised Officer

, 19......... .............................................................................................. Signature and Title of Authorised Officer

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.12
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
CERTIFICATE OF JUDGMENT
IN THE........................................................................ LOCAL COURT, .................................................................. DIVISION. This is to certify that, in the case of ..............................................................................................................................versus
........................................................................................ for ...................................................................................................... (state briefly nature of claim or offence)
Case No. ....................................................................................................of 19......., which was decided by this Court on the
...................................................., 19 ........, the Judgment of the Court was as follows:
Verdict (state names concerned) ............................................................................................................................................

oncerned) ............................................................................................................................................

Order (state names concerned) .............................................................................................................................................. Date Stamp of Court ...................................................................................... Court Registrar or Clerk

.................. Date Stamp of Court ...................................................................................... Court Registrar or Clerk

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.13
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
WARRANT OF DISTRESS
IN THE......................................................................... LOCAL COURT, ..................................................................DIVISION. To .................................................., Local Court Messenger, and other Officers:
Whereas ............................................................................of .................................................................................................. was on the .......................................... day of ............................................, 19 ......., ordered by this Court, in Case No
.................................. of 19 ......., to pay the sum of ..................... *and the sum of .................. as costs*, by the
............................

............. of 19 ......., to pay the sum of ..................... *and the sum of .................. as costs*, by the
............................

day of ............................, 19 ....., and has not made such payment as ordered;
You are hereby ordered to seize and sell, without unnecessary delay, the property of the said person to the extent of
obtaining thereby the sum of ......................... being the amount due from him at this date under the said order to pay,
together with the sum of † ........., being the fee for execution of this Warrant, and to deliver the said sums, together with
this Warrant and a list of the articles sold in executing it showing the amount received for each article by such sale, to this
Court to be dealt with according to law. If, before or during such sale, the amount which is or remains due from the said person as aforesaid is paid to you, the
sale shall not be proceeded with. The following forms of property shall not be sold without the consent of the owner:
(a) personal clothing, bedding or household utensils;
(b) tools for cultivation or trade tools;
(c) food grown by the said person which is needed for feeding himself, his spouse or his dependants;
(d) Property said to belong partly or wholly to another person, if the Court agrees that it so belongs.

feeding himself, his spouse or his dependants;
(d) Property said to belong partly or wholly to another person, if the Court agrees that it so belongs.

Date Stamp of Court ...................................................................................... Local Court Justice
ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me on the ..........................................., 19 ......., at .......................................................,
(place)
and a list of articles sold and amounts received thereby is attached. *This Warrant has not been executed because ............................................................ Date ............................................., 19......... ...................................................................................... Signature of person required to
execute Warrant
(ON SUBSEQUENT EXECUTION)
This Warrant was executed by me on the ..........................................., 19 ......., at ........................................................,
(place)
and a list of articles sold and amounts received thereby is attached. Date ............................................., 19......... ...................................................................................... Signature of person required to
execute Warrant
*Delete item not applicable.

......................................................................... Signature of person required to
execute Warrant
*Delete item not applicable.

†15 fee units or such less sum as the Court may specify. (See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If property to be sold is outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing
court is situated, endorsement by authorised officer. Date Stamp Endorsed: ........................................................................................ Signature
Endorsement by Local Court within whose area of jurisdiction warrant of distress is to be executed. Date Stamp Endorsed: ........................................................................................ Local Court Justice
(As amended by Act No. 13 of 1994)

orsed: ........................................................................................ Local Court Justice
(As amended by Act No. 13 of 1994)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.14
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
WARRANT OF COMMITMENT ON DEFAULT OF PAYMENT
IN THE....................................................................... LOCAL COURT, ....................................................................DIVISION. To ......................................................., Local Court Messenger, and other Officers, and the Officer in charge of the
Government Prison at .................................................................... Whereas ....................................................................... of ....................................................................................................,
apparent age ....................... years, was convicted by this Court in Case No. ....................................... of 19...... of the
offence of ....................................................................................................................................................................................

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

(state offence, with time and place and law contravened)
.................................................................................................................................................................................................... and was ordered therein on the ............................................. day of .........................................., 19......., to pay the sum of
....................................* forthwith*/*by the ............................................., 19.......* or in default
to be imprisoned *with hard labour for ......................................... and whereas ...................................... *without (period)
of the said sum has not been paid as so ordered;
You are hereby required to lodge the said person in the said prison, together with this Warrant, in which prison the said
person shall be imprisoned *with hard labour (subject to any release on bail that may
*without
be ordered pending appeal) for the period of ........................................... from the ................................, 19......, or until
within the said period the said sum of ............................... is paid.

........ from the ................................, 19......, or until
within the said period the said sum of ............................... is paid.

Upon the payment within such period of any part of the said sum of ..................................., the said period shall be
proportionately reduced. Date Stamp of Court ...................................................................................... Local Court Justice
* Delete words not applicable. Delete if not applicable. CERTIFICATE BY AUTHORISED OFFICER
I certify that I have, under the Local Courts Rules, confirmed the conviction in the above-mentioned case, and have-
*confirmed the imprisonment ordered therein as shown in this Warrant.*
*varied the imprisonment ordered therein to............................................................................................................................ (period)
I.H.L./*S.I. from the ..............................................., 19......., and have amended the Warrant accordingly.*
Date Stamp ...................................................................................... Signature and Title of Officer
*Delete words not applicable.

mp ...................................................................................... Signature and Title of Officer
*Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.15
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
WARRANT OF COMMITMENT FOR IMPRISONMENT OR CANING
IN THE.......................................................................... LOCAL COURT, ................................................................ DIVISION. To ......................................................., Local Court Messenger, and other Officers, and the Officer in charge of the
Government Prison at .................................................................... Whereas ........................................................................ of ....................................................................................................,
apparent age ....................... years, was convicted by this Court in Case No. ....................................... of 19...... of the
offence of ....................................................................................................................................................................................

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

(state offence, with time and place and law contravened)
.................................................................................................................................................................................................... and was ordered therein on the ............................................. day of .........................................., 19......., to be
{ *imprisoned with/*without hard labour for ...................... from the
(period)
......................................, 19 ........*
*caned with .................... strokes.* }
†IMPRISONMENT. You are hereby required to lodge the said person in the said prison, together with this Warrant, in
which prison the said person shall be imprisoned *with hard labour (subject to any release on
*without
bail that may be ordered pending appeal) for the period of ........................... from the ......................., 19....... †CANING. You are hereby required to lodge the said person, being-
{ ‡under the apparent age of 18 years, in the lock-up of the ................................................................... at .........

, being-
{ ‡under the apparent age of 18 years, in the lock-up of the ................................................................... at .........

‡ }‡over the apparent age of 18 years, in the said prison,
in the precincts whereof the said person shall be kept in custody and in due course shall, subject to the law regarding
appeals (section 56 of the Local Courts Act), §and in the presence of an officer empowered to revise Local Court decisions
and not in public,¤ have ............................................. strokes of a cane administered to him according to law. Date Stamp of Court ...................................................................................... Local Court Justice
* Delete words not applicable. ‡ Delete item not applicable. † Delete paragraph not applicable. § Delete if to be caned in prison. CERTIFICATE BY AUTHORISED OFFICER
I certify that I have, under *the Local Courts Rules/*section 43 of the Local Courts Act, confirmed the conviction in the
above-mentioned case and have-
*confirmed the imprisonment/*caning ordered therein as shown in this Warrant.*
*varied the imprisonment/*caning ordered therein. to* { *..............................I.H.L./*S.I.

*caning ordered therein as shown in this Warrant.*
*varied the imprisonment/*caning ordered therein. to* { *..............................I.H.L./*S.I.

from the ......................................., 19.........*
(period) }*..........strokes of a cane,*
and have amended the Warrant accordingly.*
Date Stamp ...................................................................................... Signature and Title of Officer
*Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

ature and Title of Officer
*Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.17
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
BAIL BOND (RECOGNIZANCE)
IN THE..................................................................... LOCAL COURT, ......................................................................DIVISION. Whereas ..................................................................... of ........................................................................................................ is in custody upon a charge of ....................................................... on the ........................................, 19.......,
at ..................................................... contrary to .........................................., and is required to appear before the
...................................... Court to answer the said charge at ...................... o'clock in the .................... noon on the
..................................

......... Court to answer the said charge at ...................... o'clock in the .................... noon on the
..................................

day of ...................................., 19......., at ..........................., and to attend before such court until the
hearing of this case shall be completed or adjourned, and if it be adjourned to appear and attend as aforesaid at every time
and place to which during the course of the proceedings such hearing may from time to time be adjourned;
The undersigned principal party to this recognizance, being the person in custody aforesaid, hereby binds himself to
perform the following obligations if now released, namely:
To appear and attend before the ............................... Court as aforesaid *and to comply with the following conditions
until the said attendance be completed:
(a) ............................................................................................................................. and (b) ............................................................................................................................

................. and (b) ............................................................................................................................

and (c) .............................................................................................................................;*
And the said principal party *and the undersigned sureties* hereby *acknowledges himself/severally acknowledge
themselves* bound to forfeit to the Court before which such principal party is bound as aforesaid to appear the sums
following, namely: the said principal party the sum of ......................... fee units,
*and the said sureties the sum of ........................................ fee units each,* in case the said principal party fails to perform
*any of* the above obligations or any part thereof. Signed
{ ................................................................ Principal Party
* .............................................................. }................................................................ Sureties*
................................................................ Taken before the undersigned at .................................................... on the ................................................. day of
......................................., 19........

.................................. on the ................................................. day of
......................................., 19........

In consideration of the above bond, the said principal party, being the person in custody aforesaid, is now released. Date Stamp of Court ...................................................................................... Local Court Justice
*Delete words not applicable. (Endorsements on Reverse)
[On reverse]

............................................................. Local Court Justice
*Delete words not applicable. (Endorsements on Reverse)
[On reverse]

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
ENDORSEMENT ON PERFORMANCE OR NON-PERFORMANCE OF OBLIGATION
A. The above bail bond stands discharged with effect from the ........................................................................., 19........ Date Stamp of Court ................................................................................... Local Court Justice
B. I certify that the aforesaid principal party has not performed the following obligation:
*to appear and attend at Court as aforesaid. *to comply with the condition that he should .................................................................................................................. .................................................................................................................................................................................. The Court accordingly declares the above bail bond to be forfeited and is instituting legal proceedings for recovery of the
amounts due thereunder, which will be taken into the revenue of the Court, and has issued a warrant for the arrest and
production before it of the aforesaid principal party.

which will be taken into the revenue of the Court, and has issued a warrant for the arrest and
production before it of the aforesaid principal party.

Date Stamp of Court ...................................................................................... Local Court Justice
The Court on the appearance before it of the said principal party has issued a warrant for his commitment for trial on the
charge mentioned in the above bail bond. Date Stamp of Court ...................................................................................... Local Court Justice
*Delete words not applicable.

tamp of Court ...................................................................................... Local Court Justice
*Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.18
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE OF HEARING OF APPEAL, TO APPELLANT
IN THE SUBORDINATE COURT of the ............................................... class, for ...................................................................... District, holden at ..............................................................., before ............................................................................................ To ..........................................................................................of ................................................................................................,
Appellant in the Case of ..................................................................versus ................................................................................ for ........................................................................................................... (Case No. .................................................................... (state briefly nature of claim or offence)
of 19........

.............. (Case No. .................................................................... (state briefly nature of claim or offence)
of 19........

of the ......................................................Local Court):
Take notice that your appeal in the said case is set down for hearing by the Subordinate Court of
the ............................................................................................ class, at .................................................................................... (place)
on the ................................. day of ....................................., 19......, and you are required to appear before it on that day, at
...............................m. or any later time at which the hearing of the said appeal may begin, together with your witnesses
and any articles or papers that may be required as evidence, for the purpose of such hearing. If, without having shown good reason, you do not so appear, the Court may dismiss your appeal. If for good reason you wish the said hearing date to be changed, you must apply, as soon as possible, to this Court or to
the Court above mentioned which is to hear your appeal, for such change to be made. Date Stamp of Court ......................................................................................

ar your appeal, for such change to be made. Date Stamp of Court ......................................................................................

Clerk of the Court
ACKNOWLEDGEMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required. *apply for the date to be changed to the ......................................................................................................................, 19....... because ...................................................................................................................................................................................... Date ............................................................................, 19....... ........................................................................ Signature

........................................................, 19....... ........................................................................ Signature

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.19
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE OF HEARING OF APPEAL, TO RESPONDENT
IN THE SUBORDINATE COURT of the ................................................class for ...................................................................... District, holden at .................................................................................. before .......................................................................... To ...................................................................................... of ............................................................................................ Take notice that ................................................................................................................................. has entered an appeal
against the decision of the .....................................................................................................

as entered an appeal
against the decision of the .....................................................................................................

Local Court in the
case of ......................................................................................versus ...................................................................................... for ...................................................................................... (Case No. ....................................................................................of
(state briefly nature of claim or offence)
19....... of such Court), and that the said appeal is set down for hearing by the Subordinate Court of the
...................................... class at ................................ on the.......................... day of ............................, 19......., (place)
and you are required to appear before it on that day, at ..............................m. or any later time at which the hearing of the
said appeal may begin, together with your witnesses and any articles or papers that may be required as evidence, for the
purpose of such hearing.

the
said appeal may begin, together with your witnesses and any articles or papers that may be required as evidence, for the
purpose of such hearing.

If, without having shown good reason, you do not so appear, the Court may if it thinks fit give judgment in your absence
after noting the evidence given to it during such hearing, which may be judgment against you. If for good reason you wish the said hearing date to be changed, you must apply, as soon as possible, to this Court or to
the Court above mentioned which is to hear the appeal, for such change to be made. Date Stamp of Court ...................................................................................... Clerk of Court
ACKNOWLEDGEMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required. *apply for the date to be changed to the ....................................................................................................................... 19........ because ...................................................................................................................................................................................... Date ............................................., 19......... Signature
* Delete words not applicable.

............................................. Date ............................................., 19......... Signature
* Delete words not applicable.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
{ RECORD OF CRIMINAL CASES
RETURN OF CRIMINAL CASES DISPOSED OF DURING ...........................................
LOCAL COURT OF .....................................................
Before .....................................................
Case
No.
Defendant, stating
Tribe, and whether
villager, employed
(stating nature of
work, and pay if
disclosed), or
unemployed
Sex
and
Age Prosecutor
Date of
Summons or
Arrest (state)
"S" or "A")
If released on
bail add "R"
and date
Date of first
appearance
and adjourn-
ments, if any
Charge, quoting
Act and
section, etc.,
contravened
To: The Registrar of the High Court, P.O. Box RW.67, Lusaka. Where more than one form is required for the

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
REGISTER AND RETURN OF CIVIL CASES-LOCAL COUR
In the ........................................ Local Court, ........................................ division Cases Dispos
No. Date Name of plaintiff
Age if 21
of less Name of defendant
Age if 21
or less C

urt, ........................................ division Cases Dispos
No. Date Name of plaintiff
Age if 21
of less Name of defendant
Age if 21
or less C

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
OUTSTANDING FINES REGISTER
In the ....................................... Local Court, ....................................
Date
Fine
Ordered
Case
No.
To be Paid by
(Name and address)
Total
to be
paid
Date(s) to pay
Total or Instalments
Date Amount
Date and Amount
of each actual payment
Date Amount

.
To be Paid by
(Name and address)
Total
to be
paid
Date(s) to pay
Total or Instalments
Date Amount
Date and Amount
of each actual payment
Date Amount

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.23
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE OF APPEAL IN CRIMINAL CASES
1. To the Clerk of the Court of the Subordinate Court of the ........................................................................................Class
for the .......................................................................District, holden at ...................................................................................... 2. Name of Appellant ............................................................................................................................................................... 3. Appeal against *order/conviction/sentence by the ...........................................................................................Local Court. 4. Offence of which convicted .................................................................................................................................................. 5.

.................................................................................................................................................. 5.

*Order/sentence of Court ..................................................................................................................................................... 6. Date when convicted ........................................................................................................................................................... 7. Date when sentence passed ................................................................................................................................................ 8. *Name of prison/address of Appellant ................................................................................................................................. I, the above-named Appellant, hereby give you notice that I desire to appeal to the Subordinate Court of
the............................................................................................. Class for the................................................. District, holden at
............................................................ against the said *order
*conviction
*sentence
on the following grounds.

strict, holden at
............................................................ against the said *order
*conviction
*sentence
on the following grounds.

GROUNDS OF APPEAL †
Signature/thumbprint .......................................................................... Appellant
..................................................................... Witness
..................................................................... Local Court Clerk
Dated this ...................................day of .............................., 19......... * Delete word not applicable. † If space is insufficient, continue overleaf.

.......................day of .............................., 19......... * Delete word not applicable. † If space is insufficient, continue overleaf.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FORM L.C.24
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
NOTICE OF APPEAL IN CIVIL CASES
1. To the Clerk of the Court of the Subordinate Court of the ................................................................................... Class
for the ................................................................. District, holden at .......................................................................................... 2. Name of Appellant .............................................................................................................................................................. 3. Name of Respondent .......................................................................................................................................................... 4. Appeal against *order/decision by the ............................................................................................................ Local Court. 5.

st *order/decision by the ............................................................................................................ Local Court. 5.

Nature of claim .................................................................................................................................................................... .................................................................................................................................................................................................... 6. *Order/decision of Court ...................................................................................................................................................... 7. Date of order/decision .......................................................................................................................................................... 8. Address of Appellant ............................................................................................................................................................ ....................................................................................................................................................................................................

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

I, the above-named Appellant, hereby give you notice that I desire to appeal to the Subordinate Court of
the .......................................................................... Class for the ..................................................................District, holden at
.................................................... against the said *order
*decision
on the following grounds. GROUNDS OF APPEAL †
Signature/thumbprint .......................................................................... Appellant
..................................................................... Witness
..................................................................... Local Court Clerk
Dated this ...................................day of .............................., 19......... * Delete word not applicable. † If space is insufficient, continue overleaf.

.......................day of .............................., 19......... * Delete word not applicable. † If space is insufficient, continue overleaf.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SECTION 68-THE LOCAL COURTS (ADMINISTRATION OF ESTATES ) RULES Statutory Instrument
297 of 1969
Rules by the Chief Justice
1. These Rules may be cited as the Local Courts (Administration of Estates) Rules. Title
2. Before making an order under section thirty-six (1) of the Act, a local court shall
determine whether the deceased person died intestate and whether he was a person
whose estate falls to be administered or distributed in terms of African customary law. Order
3. (1) When a local court appoints an administrator of an estate under the
provisions of section thirty-six (1) of the Act, the court shall at the time consider what, if
any, provisions should be made for the purposes of paragraphs (b), (c) and (d) of section
thirty-six (2) and may incorporate any such provisions in the order. Administrator
(2) Nothing in sub-rule (1) shall prohibit a local court from making further orders for
the purposes of section thirty-six (2) of the Act. 4. An order appointing an administrator under section thirty-six (1) of the Act shall
be substantially in the form in the Schedule. Prescribed form
5.

4. An order appointing an administrator under section thirty-six (1) of the Act shall
be substantially in the form in the Schedule. Prescribed form
5.

An administrator appointed under section thirty-six (1) of the Act shall, before
making any payment in respect of the share in an estate of a minor or other person under
a disability, inform the local court of the circumstances and shall ascertain from the court
what, if any, orders it wishes to make in this respect under the provisions of paragraph (e)
of section thirty-six (2) of the Act. Estate of minor, etc. 6. An administrator shall, as soon as may be after completing the administration of
an estate, furnish to the local court a statement of the assets of the estate and how they
have been distributed or otherwise dealt with. Statement
SCHEDULE
(Rule 4)
ORDER OF APPOINTMENT OF ADMINISTRATOR

the assets of the estate and how they
have been distributed or otherwise dealt with. Statement
SCHEDULE
(Rule 4)
ORDER OF APPOINTMENT OF ADMINISTRATOR

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Case Record Number ............. In the .................................................................................................................................... Local Court. Before Court Justices................................................................................................................................ .................................................................................................................................................................. In the matter of the estate of the late........................................................................................................ ............................................................................. [A B] ............................................................................ who resided at ..........................................................................................................................................

resided at ..........................................................................................................................................

.................................................................................................................................................................. NOW WHEREAS the Court is satisfied that the late.............................................................................. ............................................................................. [A B] ........................................................................... died on the ............................................................................. day of ........................................19.......,
and that he died intestate and was a person whose estate falls to be administered or distributed in
terms of African customary law. AND WHEREAS ............................................................................. [CD] ............................................ being a person properly interested in the estate of .................................................................................. ............................................................................. [A B] ..........................................................................

..................................................................... [A B] ..........................................................................

has made a request to the Court under the provisions of section 36 (1) of the Local Courts Act. NOW THEREFORE this Court, by virtue of the powers vested in it under section 36 of the Local
Courts Act, hereby appoints ............................................................................. [C D or E F (as the
case may be)] ............................................................................................................................................ of .............................................................................................................................................................. to be administrator of the estate of the said .............................................................................................. ............................................................................. [A B] .......................................................................... AND ALL PERSONS wishing to make claims on the said estate must submit them in writing, to the
said administrator, not later than the ................................................ day of ...........................................

ing, to the
said administrator, not later than the ................................................ day of ...........................................

19....., and similarly all persons who are indebted to the deceased must make payment of such debts
to the said administrator by the same date. In the administration of the said estate the administrator shall comply with the following matters:
[Here insert such orders or requirements (if any) as the Court thinks fit in respect of the
matters
provided for in section 36 (2) of the Local Courts Act.]
Given under our hand this ...............................................day of ............................................................ 19........ .................................................... .................................................... .................................................... Local Court Justices

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Endnotes
1 (Popup - Popup)
All existing lock-ups declared to be places of detention or imprisonment by G.N. No. 196 of 1967