The Court of Appeal

THE COURT OF APPEAL ACT, 2016
A RRANGEMENT OF S ECTIONS
PART I
P RELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
CONSTITUTION , J URISDICTION AND G ENERAL P OWERS OF THE COURT
3. Composition of Court
4. Jurisdiction of Court
5. Sittings of Court
6. Restrictions regarding sitting on appeals
7. Seal
8. Practice and procedure
9. Powers of single judge
10. Determination of court
11. Delivery of judgment
PART III
A PPEALS
General Provisions
12. Right to appeal
13. Leave to appeal
Criminal Appeals
14. First appeal
15. Second appeal
16. Determination of criminal appeals
17. Right of appellant to be present at hearing
Court of Appeal [No. 7 of 2016 345
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K28.00 each.

g
Court of Appeal [No. 7 of 2016 345
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K28.00 each.

18. Provisions on bail
19. Stay of execution of sentence of death
20. Supplementary powers of court
21. Time for appealing in criminal matters
Civil Appeals
22. Right of appeal in civil matters
23. Restrictions on civil appeals
24. Powers of Court on appeals in civil matters
25. Appealing in civil matters
PART IV
GENERAL P ROVISIONS
26. Registrar and other officers
27. Costs and taxation of costs
28. Administration of oath
29. Warrant for production of appellant before Court
30. Rules of Court
346 No. 7 of 2016] Court of Appeal

axation of costs
28. Administration of oath
29. Warrant for production of appellant before Court
30. Rules of Court
346 No. 7 of 2016] Court of Appeal

An Act to provide for the jurisdiction and procedures of the
Court of Appeal; the hearing of appeals from the High
Court and quasi judicial bodies; and matters connected
with, or incidental to, the foregoing. [3rd May, 2016
ENACTED by the Parliament of Zambia
PART I
P RELIMINARY PROVISIONS
1. This Act may be cited as the Court of Appeal Act, 2016, and
shall come into operation on such date as the Minister may appoint
by statutory instrument. 2.

Act may be cited as the Court of Appeal Act, 2016, and
shall come into operation on such date as the Minister may appoint
by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“ appellant ” means a party appealing to the Court from a
judgment of the High Court or a quasi judicial body, except
a local government elections tribunal;
“ Constitutional Court ” means the Constitutional Court
established under Article 127 of the Constitution;
“ Court ” means the Court of Appeal established under Article
130 of the Constitution;
“ Deputy Judge President ” means the Deputy Judge President
of the Court appointed under section three;
“Director of Public Prosecutions ” means the person
appointed as such under Article 180 of the Constitution;
“ High Court ” means the High Court established under Article
133 of the Constitution;
“ Judge President ” means the Judge President of the Court
appointed in under section three;
Court of Appeal [No. 7 of 2016 347
Short title
and
commence-
ment
Interpretation
Enactment
Cap. 1
Cap. 1
Cap. 1
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2016
Date of Assent: 2nd May, 2016

ort title
and
commence-
ment
Interpretation
Enactment
Cap. 1
Cap. 1
Cap. 1
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2016
Date of Assent: 2nd May, 2016

“ judgment ” includes decree, ruling, order, conviction,
sentence and decision;
“ judicial function ” has the meaning assigned to it in the
Constitution;
“ local government elections tribunal ” means a tribunal
established in accordance with Article 159 of the
Constitution;
“ practitioner ” has the meaning assigned to it in the Legal
Practitioners Act;
“ quasi-judicial body ” means a body, other than a court,
exercising a judicial function;
“ Registrar ” means the Registrar of the Court appointed
under section twenty-six;
“ rules ” means rules of the Court made pursuant to section
thirty; and
“ Supreme Court ” means the Supreme Court established
under Article 124 of the Constitution. PART II
CONSTITUTION , J URISDICTION AND G ENERAL P OWERS
OF THE COURT
3. The Court consists of—
(a) the Judge President;
(b) the Deputy Judge President; and
(c) such number of judges as may be prescribed. 4. (1) The Court has jurisdiction to hear appeals from
judgments of—
(a) the High Court; and
(b) a quasi judicial body, except a local government elections
tribunal.

t has jurisdiction to hear appeals from
judgments of—
(a) the High Court; and
(b) a quasi judicial body, except a local government elections
tribunal.

(2) Despite subsection (1), where a question relating to the
Constitution arises before the Court, the Court shall refer that
question to the Constitutional Court. 348 No. 7 of 2016] Court of Appeal
Composition
of Court
Jurisdiction
of Court
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Cap. 1

uestion to the Constitutional Court. 348 No. 7 of 2016] Court of Appeal
Composition
of Court
Jurisdiction
of Court
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Cap. 1

5. (1) The sittings of the Court shall, before its devolution to
the provinces and districts, usually be held at Lusaka but may be
held at such other place as may be specified in a circuit schedule
issued by the Chief Justice. (2) The Court shall, at a sitting, be constituted by an uneven
number of judges not being less than three except when hearing
an interlocutory application which may be heard by a single judge. 6. A judge of the Court shall not sit on the hearing of an appeal
or exercise a power in respect of an appeal from a judgment given
by that judge or a judgement given by a court of which that judge
sat as a member. 7. The Court shall have a seal approved by the Chief Justice. 8. (1) The jurisdiction vested in the Court shall, as regards
practice and procedure, be exercised in the manner provided by
this Act and the rules.

. 8. (1) The jurisdiction vested in the Court shall, as regards
practice and procedure, be exercised in the manner provided by
this Act and the rules.

(2) Despite subsection (1), where this Act or the rules do not
provide for a particular point of practice or procedure, the practice
of the Court shall be—
(a) in relation to civil matters, in accordance with the Supreme
Court Practice, 1999 (White Book) of England and the
law and practice in the Court of Appeal in England in
force up to 31st December, 1999; or
(b) in relation to criminal matters, as nearly as may be in
accordance with the law and practice for the time being
observed in the Court of Criminal Appeal in England. 9. A single judge of the Court may exercise a power vested in
the Court not involving the decision of an appeal, except that—
(a) in criminal matters, if a judge of the Court refuses an
application for the exercise of any such power, the
person making the application is entitled to have that
person’s application determined by the Court; and
(b) in civil matters, an order, direction or decision made or
given in pursuance of the powers conferred by this
section may be varied, discharged or reversed by the
Court. 10. The determination of a question before the Court shall be
according to the opinion of the majority of the judges of the Court
hearing the matter.

10. The determination of a question before the Court shall be
according to the opinion of the majority of the judges of the Court
hearing the matter.

Court of Appeal [No. 7 of 2016 349
Sittings of
Court
Restriction
regarding
sitting on
appeals
Seal
Practice and
procedure
Powers of
single judge
Determination
of Court

No. 7 of 2016 349
Sittings of
Court
Restriction
regarding
sitting on
appeals
Seal
Practice and
procedure
Powers of
single judge
Determination
of Court

11. A judgment of the Court shall be delivered—
(a) in the case of criminal matters, in open court immediately
after the termination of the appeal or, without undue
delay, at some subsequent time of which notice shall
be given to the parties and the parties’ practitioners, if
any; or
(b) in the case of civil matters, in such manner as the Court
may determine. PART III
A PPEALS
General Provisions
12. (1) An appeal shall lie to the Court in accordance with the
rules. (2) A single judge of the Court may grant leave to appeal where
an appellant is denied leave to appeal by the High Court or quasi-
judicial body. 13. (1) An appeal from a judgment of the Court shall lie to the
Supreme Court with leave of the Court. (2) An application for leave to appeal, under subsection (1),
shall be made within fourteen days of the judgment.

preme Court with leave of the Court. (2) An application for leave to appeal, under subsection (1),
shall be made within fourteen days of the judgment.

(3) The Court may grant leave to appeal where it considers
that—
(a) the appeal raises a point of law of public importance;
(b) it is desirable and in the public interest that an appeal by
the person convicted should be determined by the
Supreme Court;
(c) the appeal would have a reasonable prospect of success;
or
(d) there is some other compelling reason for the appeal to
be heard. (4) Leave to appeal shall not operate as a stay of execution of
a judgment. 350 No. 7 of 2016] Court of Appeal
Delivery of
judgment
Right of
appeal
Leave to
appeal

appeal shall not operate as a stay of execution of
a judgment. 350 No. 7 of 2016] Court of Appeal
Delivery of
judgment
Right of
appeal
Leave to
appeal

Criminal Appeals
14. (1) This section applies to the exercise of the jurisdiction
of the Court to hear appeals in criminal matters from a judgment of
the High Court sitting as a court of first instance. (2) A person convicted by the High Court may appeal to the
Court on a question of law, fact or mixed law and fact and shall be
so informed by the judge at the conclusion of the trial. (3) A person convicted by a subordinate court and committed
to the High Court for sentence shall, upon being sentenced by the
High Court, for all purposes connected with that person’s rights of
and procedural matters relating to the appeal, be considered to
have been convicted and sentenced on trial by the High Court, and
accordingly an appeal against such conviction and sentence shall
lie to the Court. (4) If the Director of Public Prosecutions is dissatisfied with a
judgment of the High Court in the exercise of its original jurisdiction
on a point of law, the Director of Public Prosecutions may appeal
to the Court from such judgment. (5) An appeal shall not lie against a sentence the imposition of
which is fixed by law. 15.

c Prosecutions may appeal
to the Court from such judgment. (5) An appeal shall not lie against a sentence the imposition of
which is fixed by law. 15.

(1) A party to an appeal to the High Court may appeal to
the Court against the judgment of the High Court with the leave of
that court, if given at the time when judgment is pronounced, or
with the leave of the Court. (2) For purposes of this section, an order made by the High
Court in the exercise of its power of review, a decision of the High
Court on a case stated or a decision of the High Court refusing an
application for an appeal to be heard out of time, shall be considered
to be a decision of the High Court in exercise of its appellate
jurisdiction. (3) Where under section three hundred and twenty-four of
the Criminal Procedure Code an application for an appeal to be
heard out of time has been refused by the High Court, the applicant
may apply to the Court for the appeal to be heard by the Court, and
if such application is granted, the appeal shall be heard by the Court
as if it lay direct to it. 16. (1) The Court shall allow an appeal against conviction on
the following grounds:
Court of Appeal [No. 7 of 2016 351
First appeal
Second
appeal
Cap. 88
Determination
of criminal
appeals

l against conviction on
the following grounds:
Court of Appeal [No. 7 of 2016 351
First appeal
Second
appeal
Cap. 88
Determination
of criminal
appeals

(a) the conviction, in all the circumstances of the case, is
unsafe or unsatisfactory;
(b) the conviction is based on a wrong decision on a question
of law; or
(c) there was a material irregularity in the course of the
trial. (2) Despite subsection (1), where the Court is of the opinion
that the point raised in the appeal might be decided in favour of the
appellant, the Court may dismiss the appeal if it considers that no
miscarriage of justice has actually occurred. (3) The Court shall, if it allows an appeal against conviction,
quash the conviction and direct a judgment and verdict of acquittal
to be entered or, if the interest of justice so require, order a new
trial. (4) The Court may, on an appeal, whether against conviction or
sentence, substitute a judgment of guilty for such other offence as
the trial court could have entered and, in the case of an appeal
from a judgment of the High Court in the High Court’s exercise of
appellate jurisdiction, the Court shall, in addition, have power to
restore the conviction of the trial court.

h Court in the High Court’s exercise of
appellate jurisdiction, the Court shall, in addition, have power to
restore the conviction of the trial court.

(5) The Court may, on an appeal, whether against conviction or
sentence, increase or reduce the sentence, impose such other
sentence or make such other order as the trial court could have
imposed or made, except that—
(a) in no case shall a sentence be increased by reason of or
in consideration of evidence that was not given at the
trial; and
(b) the court shall not interfere with a sentence just because
if it were a trial court it would have imposed a different
sentence, unless the sentence is wrong in principle or
comes to the Court with a sense of shock. 17. (1) An appellant is entitled to be present at the hearing of
an appeal or any other application to the Court, if the appellant so
desires. (2) If an appellant does not desire to appear at the hearing of
an appeal, a practitioner may, on the appellant’s behalf, present the
appeal and arguments, in writing, and an appeal or argument so
presented shall be considered by the Court. 352 No. 7 of 2016] Court of Appeal
Right of
appellant to be
present at
hearing

nd an appeal or argument so
presented shall be considered by the Court. 352 No. 7 of 2016] Court of Appeal
Right of
appellant to be
present at
hearing

(3) The power of the Court to pass judgment under this Act
may be exercised despite the appellant not being present. 18. (1) Where the High Court has, in exercise of its powers
under section three hundred and thirty six of the Criminal
Procedure Code, refused to admit an appellant to bail or to postpone
the payment of a fine imposed on that appellant, the Court may, if
it so considers, on the application of the appellant, and pending the
determination of the appeal or application for leave to appeal to
the Court in a criminal matter—
(a) admit the appellant to bail or, if not, on application by the
appellant, direct that the appellant be treated as an
unconvicted prisoner pending the determination of the
appeal or application for leave to appeal, as the case
may be; and
(b) postpone the payment of a fine imposed on the appellant.

e determination of the
appeal or application for leave to appeal, as the case
may be; and
(b) postpone the payment of a fine imposed on the appellant.

(2) The time during which an appellant, pending the
determination of the appeal, is admitted to bail and, subject to any
directions which the Court may give to the contrary in an appeal,
the time during which the appellant, if in custody, is treated as an
unconvicted prisoner under this section, shall not count as part of a
term of imprisonment under the sentence. (3) An imprisonment of the appellant under a sentence, whether
it is the sentence passed by the trial court or the High Court in
exercise of its appellate jurisdiction or the sentence passed by the
Court, shall, subject to any directions which the Court may give to
the contrary, be deemed to be resumed or to begin to run, as the
case requires—
(a) if the appellant is in custody, from the day on which the
appellant was received into jail under the sentence; and
(b) if the appellant is not in custody, from the day on which
the appeal is determined. 19.

e
appellant was received into jail under the sentence; and
(b) if the appellant is not in custody, from the day on which
the appeal is determined. 19.

A sentence of death shall not be executed until—
(a) after the expiration of the time within which a notice of
intention to appeal may be given or, as the case may be,
an application for leave to appeal may be submitted;
(b) where a notice of intention to appeal is given, the appeal
has been determined or abandoned; and
Court of Appeal [No. 7 of 2016 353
Cap. 88
Provisions
on bail
Stay of
execution of
sentence of
death

the appeal
has been determined or abandoned; and
Court of Appeal [No. 7 of 2016 353
Cap. 88
Provisions
on bail
Stay of
execution of
sentence of
death

(c) where an application for leave to appeal is submitted, the
application, which shall be determined as soon as
practicable, has been refused or the appeal has been
determined or abandoned, as the case may be. 20.

pplication, which shall be determined as soon as
practicable, has been refused or the appeal has been
determined or abandoned, as the case may be. 20.

(1) The Court may, if it considers it necessary or expedient
in the interest of justice—
(a) order the production of a document, exhibit or other thing
connected with the proceedings, the production of which
appears to it necessary for the determination of the case;
(b) order a witness who would have been a competent and
compellable witness at the hearing before the High Court
to attend and be examined further before the Court, or
order the examination of the witness to be conducted in
a manner provided by the rules before a judge of the
Court or other person appointed by the Court for that
purpose, and allow the admission of a deposition so taken
as evidence before the Court;
(c) receive the evidence, if tendered, of a witness, including
the appellant, who is a competent but not compellable
witness, and if the appellant makes an application for
the purpose, of the spouse of the appellant in cases where
the evidence of the spouse could not have been given at
the trial except on such application to the trial court;
(d) remit the case for further hearing to the High Court from
which the appeal was brought, with such instructions as
regards the taking of further evidence or otherwise as
may appear to it necessary;
(e) where a question arising at the appeal involves prolonged
examination of documents or accounts or a scientific or
local investigation which cannot, in the opinion of the
Court, conveniently be conducted before the Court, order
the reference of the question in the manner provided by
the rules for inquiry and report to a special commissioner
appointed by the Court, and act upon the report of such
commissioner so far as it thinks fit to adopt the report;
(f) appoint a person with special expert knowledge to act as
an assessor in an advisory capacity in an appeal where
it appears to the Court that such knowledge is required
for the proper determination of the appeal;
354 No.

in an advisory capacity in an appeal where
it appears to the Court that such knowledge is required
for the proper determination of the appeal;
354 No.

7 of 2016] Court of Appeal
Supplementary
powers of
court

7 of 2016] Court of Appeal
Supplementary
powers of
court

(g) issue a warrant necessary for enforcing an order or
sentence of the Court; and
(h) on the application of an appellant and pending the
determination of the appeal or application for leave to
appeal to the Court, admit the appellant to bail and, in
the event of an appellant having been admitted to bail,
give any directions which it may consider necessary
concerning the time at which the sentence of the
appellant shall be resumed or begin to run. (2) Whenever the Court receives further evidence or gives
instructions for the taking of further evidence, it shall make such
order as will secure an opportunity to the parties to the proceedings
to examine a witness whose evidence is so taken. 21. (1) A person who intends to appeal against a judgment of
the High Court in a criminal matter shall, within thirty days of the
date of the judgment against which that person intends to appeal—
(a) give notice of the intention to appeal; or
(b) if leave to appeal is required, submit an application for
such leave;
to the Registrar in such manner and form as may be prescribed by
the rules.

(b) if leave to appeal is required, submit an application for
such leave;
to the Registrar in such manner and form as may be prescribed by
the rules.

(2) If the intending appellant is in prison, the notice or application
under subsection (1), as the case may be, may be given to the
officer-in-charge of the prison, who shall forward it to the Registrar. (3) The Court may extend the time for giving notice of intention
to appeal or of submitting an application for leave to appeal
notwithstanding that the time for giving that notice or submitting
the application has already expired, except that where a sentence
of death has been passed, no extension of time shall be granted
after the sentence has been confirmed by the President. Civil Appeals
22. Subject to section twenty-three, an appeal in a civil matter
shall lie to the Court from a judgment of the High Court or a quasi
judicial body. 23. (1) An appeal shall not lie—
(a) from an order allowing an extension of time for appealing
from a judgment;
Court of Appeal [No. 7 of 2016 355
Time for
appealing in
criminal
matters
Right of
appeal in civil
matters
Restrictions
on civil
appeals

m a judgment;
Court of Appeal [No. 7 of 2016 355
Time for
appealing in
criminal
matters
Right of
appeal in civil
matters
Restrictions
on civil
appeals

(b) from an order of a judge of the Court giving unconditional
leave to defend an action;
(c) from a judgment given by the High Court in the exercise
of it’s appellate or review jurisdiction, without the leave
of the High Court or, if that has been refused, without
the leave of a judge of the Court;
(d) from an order made with the consent of the parties or
from an order as to costs only, which by law is left to
the discretion of the court or quasi-judicial body, without
the leave of the court or of the judge who, or quasi-
judicial body which, made the order or, if that has been
refused, without the leave of a judge of the Court;
(e) from an order made in chambers by a judge of the High
Court or by a quasi-judicial body or from an interlocutory
order or interlocutory judgment made or given by a judge
of the High Court or by a quasi-judicial body, without
the leave of that judge or quasi-judicial body or, if that
has been refused, without the leave of a judge of the
Court, except in the following cases:
(i) where the liberty of the subject or the custody of
infants is concerned;
(ii) where an injunction or the appointment of a
receiver is granted or refused;
(iii) in the case of a decision determining the claim
of a creditor or the liability of any contributory,
director or other officer under the Companies
Act;
(iv) in the case of a decree nisi in a matrimonial
cause, judgment or order in an Admiralty action
determining liability; or
(v) in the case of an order on a special case stated
under any law relating to arbitration; and
(f) from an order absolute for the dissolution or nullity of
marriage made by a judge of the High Court in favour
of a party who, having had time and opportunity to
appeal from the decree nisi on which the order was
founded, has not appealed from that decree.

vour
of a party who, having had time and opportunity to
appeal from the decree nisi on which the order was
founded, has not appealed from that decree.

Cap. 388
356 No. 7 of 2016] Court of Appeal

Cap. 388
356 No. 7 of 2016] Court of Appeal

(2) An order refusing unconditional leave to defend an action is
not an interlocutory order or interlocutory judgment within the
meaning of paragraph (e) of subsection (1). 24.

nditional leave to defend an action is
not an interlocutory order or interlocutory judgment within the
meaning of paragraph (e) of subsection (1). 24.

(1) The Court may, on the hearing of an appeal in a civil
matter—
(a) confirm, vary, amend, or set aside the judgment appealed
against or give judgment as the case may require;
(b) where necessary or expedient in the interest of justice—
(i) order the production of a document, exhibit or
other thing connected with the proceedings, the
production of which may be necessary for the
determination of the matter;
(ii) order a witness who would have been a
competent and compellable witness at the trial
to attend and be examined before the Court,
whether that witness was or was not called at
the trial, or order the examination of the witness
to be conducted in the manner provided by the
rules and allow the admission of a deposition so
taken before the Court;
(iii) receive the evidence, if tendered, of a witness
or party, who is a competent but not compellable
witness, and if a party makes an application for
the purpose, of the spouse of that party in cases
where the evidence of the spouse could not have
been given at the trial except on application to
the trial court; or
(iv) remit the case to the High Court or quasi-judicial
body for further hearing, with such instructions
as regards the taking of further evidence or
otherwise as appears to the Court necessary;
and
(c) if it appears to the Court that a new trial should be held,
set aside the judgment appealed against and order that
a new trial be held.

ssary;
and
(c) if it appears to the Court that a new trial should be held,
set aside the judgment appealed against and order that
a new trial be held.

(2) Whenever the Court gives instructions for the taking of
further evidence, the Court shall make such order as shall secure
an opportunity to the parties to the proceedings to examine a witness
whose evidence is taken. Court of Appeal [No. 7 of 2016 357
Powers of
Court on
appeals in
civil matters

arties to the proceedings to examine a witness
whose evidence is taken. Court of Appeal [No. 7 of 2016 357
Powers of
Court on
appeals in
civil matters

25. Subject to section twenty-three, a person who intends to
appeal to the Court from a judgment shall do so within thirty days
of the judgment. PART IV
GENERAL P ROVISIONS
26. (1) The Judicial Service Commission shall appoint a
Registrar and other officers as may be necessary to give effect to
the provisions of this Act. (2) The Registrar shall perform such functions as may be
prescribed by the rules. 27. Taxation of a bill of costs shall be undertaken by the
Registrar as prescribed in the rules. 28. (1) The Court or a judge of the Court may require and
administer an oath for purposes of this Act. (2) The form of an oath shall be prescribed in the rules. 29. A judge of the Court may issue a warrant for the production
of the appellant at an appeal where—
(a) the presence of the appellant who is in custody is
necessary or desirable at the hearing of the appeal; or
(b) the appellant desires to exercise the right conferred upon
the appellant by section seventeen to be present at the
hearing of the appeal. 30. (1) The Chief Justice may, by statutory instrument, make
rules for regulating generally the practice and procedure of the
Court and with respect to appeals to the Court.

ce may, by statutory instrument, make
rules for regulating generally the practice and procedure of the
Court and with respect to appeals to the Court.

(2) Despite the generality of subsection (1), the rules may relate
to—
(a) the time within which the rules are to be complied with;
(b) the costs of, and incidental to, the proceedings in the Court;
(c) the fees to be charged in respect of proceedings; and
(d) any other matter which necessary for the efficient and
effective running of the Court. 358 No. 7 of 2016] Court of Appeal
Appealing in
civil matters
Registrar and
other
officers
Costs and
taxation of
costs
Administration
of oath
Warrant for
production of
appellant
before
Court
Rules of
Court