The Judicial Training Institute of Zambia Act, 2023

Judicial Training Institute of Zambia [No. 14 of 2023 261
THE JUDICIAL TRAINING INSTITUTE OF ZAMBIA
2023
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
JUDICIAL TRAINING INSTITUTE OF ZAMBIA
3. Establishment of Judicial Training Institute of Zambia
4. Seal of Institute
5. Functions of Institute
PART III
COUNCIL OF THE INSTITUTE
6. Council of Institute
7. Functions of Council
8. Tenure of office for member and vacancy
9. Proceedings of Council
10. Committees
11. Allowances
12. Disclosure of interest
13. Registrar, Secretary and other staff
PART IV
FINANCIAL PROVISIONS
14. Funds of Institute
15. Financial year
16. Accounts
17. Annual Reports
PART V
GENERAL PROVISIONS
18. Immunity
19. Prohibition of publication or disclosure of information to unauthorised
persons
20. Register
21. Guidelines
22. Regulations
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

21. Guidelines
22. Regulations
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K28.00 each.

An Act to establish the Judicial Training Institute of Zambia
for the purposes of providing continuing professional
development training for judges, judicial officers and
judicial staff in order to enhance the quality of the justice
system in the Republic; constitute the Council of the Institute
and provide for its functions; and provide for matters
connected with, or incidental to, the foregoing. [ 26th December, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Judicial Training Institute of
Zambia Act, 2023, and shall come into operation on the date
appointed by the Minister by statutory instrument. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“certificate” means an award for the successful completion
of the continuous professional development programme
by the Institute;
“Chairperson” means the person appointed as Chairperson
under section 6;
Judicial Training Institute of Zambia [No. 14 of 2023 263
Enactment
Short title
and
commencement
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No.

Training Institute of Zambia [No. 14 of 2023 263
Enactment
Short title
and
commencement
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No.

14 of 2023
Date of Assent: 22nd December, 2023

14 of 2023
Date of Assent: 22nd December, 2023

“Chief Administrator” means the chief Administrator of the
Judiciary appointed pursuant to Article 146 of the
Constitution;
“Council” means the Council of the Institute constituted under
section 6;
“emoluments” has the meaning assigned to the word in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established by the Constitution;
“Institute” means the Judicial Training Institute of Zambia
established under section 3;
“judge” has the meaning assigned to the word under the
Constitution;
“judicial officer” has the meaning assigned to the words in
the Constitution;
“judicial staff” has the meaning assigned to the words in the
Judiciary Administration Act, 2016;
“legally disqualified” means the absence of legal capacity as
provided under section 4 of the Mental Health Act, 2019;
“qualification” has the meaning assigned to the word in the
Zambia Qualifications Authority Act, 2011;
“Registrar” means the person appointed as Registrar of the
Institute under section 13;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson under section 6; and
“Zambia Institute of Advanced Legal Education” means the
Zambia Institute of Advanced Legal Education established
under the Zambia Institute of Advanced Legal Education
Act.

vanced Legal Education” means the
Zambia Institute of Advanced Legal Education established
under the Zambia Institute of Advanced Legal Education
Act.

PART II
JUDICIAL TRAINING INSTITUTE OF ZAMBIA
3. There is established the Judicial Training Institute of Zambia
which is a body corporate with perpetual succession and a common
seal, capable of suing and being sued in its corporate name and
with powers, subject to the provisions of this Act, to do all acts or
things that a body corporate may, by law, do or perform. 264 No. 14 of 2023] Judicial Training Institute of Zambia
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Act No. 23
of 2016
Act No. 6
of 2019
Act No. 13
of 2011
Cap. 49
Establishment
of Judicial
Training
Institute of
Zambia

. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Act No. 23
of 2016
Act No. 6
of 2019
Act No. 13
of 2011
Cap. 49
Establishment
of Judicial
Training
Institute of
Zambia

4. (1) The seal of the Institute shall be a device that may be
determined by the Council and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Registrar or any other
person authorised in that behalf by a resolution of the Council. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, is not required to be under
seal, may be entered into or executed without a seal on behalf of
the Institute by the Registrar or any other person generally or
specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of
the Institute or issued on behalf of the Institute shall be received in
evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 5.

Institute shall be received in
evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 5.

(1) The functions of the Institute are to—
(a) establish, provide and develop judicial education and
professional training for judges, judicial officers and
judicial staff;
(b) conduct research into judicial education, professional
training, emerging fields of law and the impact of
judgments;
(c) enhance delivery of justice in the Republic;
(d) develop training policies for judges, judicial officers and
judicial staff;
(e) collaborate with other judicial education and professional
training institutions or organisations to improve the
quality of professional skills and the delivery of justice;
(f) organise and conduct seminars, conferences and other
related programmes for judges, judicial officers and
judicial staff;
(g) register judges, judicial officers and judicial staff for
continuous professional development and training;
(h) award certificates to judges, judicial officers and judicial
staff;
(i) identify, train and enhance capacities of quasi-judicial
tribunals;
Judicial Training Institute of Zambia [No. 14 of 2023 265
Seal of
Institute
Functions of
Institute

and enhance capacities of quasi-judicial
tribunals;
Judicial Training Institute of Zambia [No. 14 of 2023 265
Seal of
Institute
Functions of
Institute

(j) train court-annexed mediators and judges in
alternative dispute resolution mechanisms;
(k) induct and mentor newly appointed judges, judicial
officers and judicial staff;
(l) promote continuous professional development among
judges, judicial officers and judicial staff;
(m) commission studies in areas requiring improved service
delivery;
(n) publish books, journals, records, reports or other
documents to enhance service delivery in the Judiciary;
and
(o) establish a National Law Referencing Library for the
purpose of advancing knowledge in the Judiciary. (2) A certificate awarded in accordance with subsection (1) is
not a qualification. PART III
COUNCIL OF THE INSTITUTE
6. (1) There is constituted the Council of the Institute which
consists of the following part-time members:
(a) the Chief Justice, as Chairperson;
(b) the Deputy Chief Justice, as Vice-Chairperson;
(c) a judge of the Constitutional Court;
(d) a judge of the Court of Appeal;
(e) a judge of the High Court;
(f) a retired judge;
(g) the Chief Administrator;
(h) a magistrate; and
(i) a representative of the Magistrates’ and Judges’
Association of Zambia.

t;
(f) a retired judge;
(g) the Chief Administrator;
(h) a magistrate; and
(i) a representative of the Magistrates’ and Judges’
Association of Zambia.

(2) The members referred to under subsection(1)(b) to (i) shall
be appointed by the Chief Justice. (3) The Registrar shall be an ex-officio member of the Council. 266 No. 14 of 2023] Judicial Training Institute of Zambia
Council of
Institute

ustice. (3) The Registrar shall be an ex-officio member of the Council. 266 No. 14 of 2023] Judicial Training Institute of Zambia
Council of
Institute

(4) A person shall not be qualified for appointment as a
member if that person is —
(a) an undischarged bankrupt;
(b) legally disqualified from performing the functions of a
member; or
(c) convicted of an offence under any written law and
sentenced to imprisonment for a term exceeding six
months without the option of a fine. 7. (1) Subject to this Act, the Council shall perform the
functions of the Institute and provide strategic policy direction to
the Institute. (2) Despite the generality of subsection (1), the functions of
the Council are to—
(a) approve policies, programmes and strategies of the
Institute;
(b) oversee the implementation and successful operation of
the policy and functions of the Institute;
(c) approve the annual budget estimates, financial statements
and plans of the Institute;
(d) monitor and evaluate the performance of the Institute
against budgets and plans;
(e) establish and issue guidelines for the purposes of this
Act; and
(f) establish and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Institute.

blish and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Institute.

(3) Despite subsection (1), the Council may charge fees for
services rendered by the Institute. 8. (1) A member shall hold office for a term of three years
and may be re-appointed for a further and final term of three years. (2) Sub-section (1) does not apply to a member referred to
under section 6(1)(a), (b) and (g). (3) The office of a member becomes vacant if the member —
(a) dies;
(b) is adjudged bankrupt;
Judicial Training Institute of Zambia [No. 14 of 2023 267
Functions of
Council
Tenure of
office for
member and
vacancy

dies;
(b) is adjudged bankrupt;
Judicial Training Institute of Zambia [No. 14 of 2023 267
Functions of
Council
Tenure of
office for
member and
vacancy

(c) resigns, in writing, on giving one month’s notice to the
Chief Justice;
(d) is legally disqualified from performing the duties of a
member of the Council;
(e) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine;
(f) ceases to hold the office by virtue of which the member
was appointed; or
(g) is absent without the prior approval of the Council, from
three consecutive meetings of the Council of which the
member has had notice. (4) A member shall, on the expiration of the term for which a
member is appointed, continue to hold office until another member
is appointed, but in no case shall the further period exceed three
months. (5) The Chief Justice shall, where there is a vacancy in the
membership of the Council before the expiry of the term of office,
appoint another person to replace that member but the person
appointed shall only hold office for the remainder of that term. 9. (1) Subject to this Act, the Council may regulate its own
procedure.

ut the person
appointed shall only hold office for the remainder of that term. 9. (1) Subject to this Act, the Council may regulate its own
procedure.

(2) The Council shall meet for the transaction of business at
least once every three months at a place and time that the
Chairperson may determine. (3) Five members shall constitute a quorum at a meeting of
the Council. (4) The Chairperson shall, on giving notice of not less than
fourteen days, call a meeting of the Council and may, if the urgency
of a particular matter does not permit the giving of notice or if one
third or more of the members so request, in writing, call a special
meeting on giving a shorter notice. (5) There shall preside at a meeting of the Council —
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
268 No. 14 of 2023] Judicial Training Institute of Zambia
Proceedings
of Council

rson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
268 No. 14 of 2023] Judicial Training Institute of Zambia
Proceedings
of Council

(c) in the absence of both the Chairperson and the Vice-
Chairperson, the most senior serving judge present shall
be the Chairperson for the purpose of that meeting. (6) A decision of the Council on any question shall be by a
majority of votes of the members present and voting at the meeting
and in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to that person’s
deliberative vote. (7) The Council may invite a person whose presence is in the
Council’s opinion desirable to attend and participate in the
deliberations of the meeting, but that person shall have no vote. (8) The validity of any proceedings, act or decision of the
Council shall not be affected by a vacancy in the membership of
the Council or any defect in the appointment of a member or by
reason that a person not entitled to do so took part in the
proceedings. (9) The Council shall cause minutes to be kept of the
proceedings of a meeting of the Council and a committee of the
Council. 10.

in the
proceedings. (9) The Council shall cause minutes to be kept of the
proceedings of a meeting of the Council and a committee of the
Council. 10.

(1) The Council may, for the purposes of performing its
functions under this Act, constitute committees that the Council
considers necessary and may delegate to those committees any of
the Council’s functions. (2) The Council may appoint as members of a committee
persons who are or are not members of the Council except that at
least one member of the Council shall be a member of the
committee. (3) A member of a committee shall hold office for a term as
the Council may determine. (4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 11. The Institute shall pay to a member of the Council or a
member of a committee of the Council an allowance that the
Emoluments Commission may, on the recommendation of the
Council, determine. Judicial Training Institute of Zambia [No. 14 of 2023 269
Committees
Allowances

ments Commission may, on the recommendation of the
Council, determine. Judicial Training Institute of Zambia [No. 14 of 2023 269
Committees
Allowances

12. (1) A person who is present at a meeting of the Council
or a committee of the Council in which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity shall, as soon as practicable after the commencement of
the meeting, disclose the interest and shall not, unless the Council
or a committee of the Council otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which the disclosure is
made. (3) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty unit or to imprisonment for a term not
exceeding two years, or to both. 13. (1) The Council shall appoint the Registrar who shall
be —
(a) the chief executive officer of the Institute; and
(b) responsible for the day-to-day administration of the
Institute.

the Registrar who shall
be —
(a) the chief executive officer of the Institute; and
(b) responsible for the day-to-day administration of the
Institute.

(2) The Registrar shall attend meetings of the Council or a
committee of the Council and may address those meetings, but
shall have no vote. (3) The Council shall appoint a Secretary who shall perform
the corporate secretarial duties for the Council and other functions
that the Council may determine, under the direction of the Council
and the Registrar. (4) The Council shall appoint other staff of the Institute that
the Council considers necessary for the performance of the
Institution’s functions under this Act. (5) The Emoluments Commission shall, on the
recommendation of the Council, determine the emoluments of the
Registrar, Secretary and other staff of the Institute. (6) The Council shall determine the terms and conditions of
service, other than emoluments, of the Registrar, Secretary and
other staff of the Institute. 270 No. 14 of 2023] Judicial Training Institute of Zambia
Disclosure of
interest
Registrar,
Secretary
and other
staff

nd
other staff of the Institute. 270 No. 14 of 2023] Judicial Training Institute of Zambia
Disclosure of
interest
Registrar,
Secretary
and other
staff

PART IV
FINANCIAL PROVISIONS
14. (1) The funds of the Institute consist of monies that
may—
(a) be appropriated by Parliament for the purposes of the
Institute;
(b) be paid to the Institute by way of fees, loans, grants or
donations; or
(c) vest in, or accrue to, the Institute. (2) The Institute may—
(a) accept monies by way of grants or donations from any
source within the Republic and subject to the approval
of the Minister responsible for finance, from any source
outside the Republic;
(b) subject to the Public Debt Management Act, 2022, raise
by way of loans or otherwise, monies that the Institute
may require for the discharge of the Institute’s functions;
and
(c) in accordance with regulations made under this Act, charge
and collect fees in respect of programmes, seminars,
consultancy services and other services provided by the
Institute.

ns made under this Act, charge
and collect fees in respect of programmes, seminars,
consultancy services and other services provided by the
Institute.

(3) There shall be paid from the funds of the Institute—
(a) the salaries, allowances, loans, gratuities and pensions,
of the staff of the Institute and other payments for the
recruitment and retention of staff;
(b) reasonable travelling expenses and other allowances for
members of the Council and a committee of the Council
when engaged in the business of the Institute at rates
that the Emoluments Commission may, on the
recommendation of the Council, determine; and
(c) any other expenses incurred by the Institute in the
performance of the Institute’s functions. Judicial Training Institute of Zambia [No. 14 of 2023 271
Funds of
Institute
Act No. 15 of
2022

itute in the
performance of the Institute’s functions. Judicial Training Institute of Zambia [No. 14 of 2023 271
Funds of
Institute
Act No. 15 of
2022

(5) Subject to the Public Finance Management Act, 2028, the
Council may, invest in a manner that the Council considers
necessary any of the Institute’s funds that the Institute does not
immediately require for the performance of the Institute’s functions. 15. The financial year of the Institute shall be a period of
twelve months ending on 31st December in each year. 16. (1) The Institute shall cause to be kept proper books of
accounts and other records relating to its accounts. (2) The accounts of the Institute shall be audited annually by
the Auditor-General or an independent auditor appointed by the
Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Institute. 17. (1) The Institute shall, as soon as practicable, but not
later than ninety days after the end of the financial year, submit to
the Chief Administrator a report concerning the functions and
activities of the Institute during the financial year.

of the financial year, submit to
the Chief Administrator a report concerning the functions and
activities of the Institute during the financial year.

(2) The report of the Institute shall include information on the
financial affairs of the Institute and there shall be appended to the
report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require. (3) The Chief Administrator shall, not later than seven days
after the first sitting of the National Assembly next after receipt of
the report referred to in subsection (1), cause the report to be laid
before the National Assembly. PART V
GENERAL PROVISIONS
18. An action or other proceedings shall not lie or be instituted
against a member of the Council, a member of a committee of the
Council or a member of staff of the Institute, for or in respect of an
act or thing done or omitted to be done in good faith in the exercise
or performance of any of the powers, functions or duties conferred
under this Act. 272 No. 14 of 2023] Judicial Training Institute of Zambia
Act No. 1 of
2018
Financial
year
Accounts
Annual
Reports
Immunity

conferred
under this Act. 272 No. 14 of 2023] Judicial Training Institute of Zambia
Act No. 1 of
2018
Financial
year
Accounts
Annual
Reports
Immunity

19. (1) A person shall not, without the consent in writing
given by, or on behalf of, the Institute or as otherwise permitted by
any written law, publish or disclose to a person, other than in the
course of that person’s duties, the contents of a document,
communication or information which relates to, or which has come
to the knowledge of that person in the course of that person’s duties
under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction to a fine not exceeding two
hundred thousand penalty units, or to imprisonment for a term not
exceeding two years, or to both. (3) A person who having information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to another person, commits an offence and is liable,
on conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 20.

able,
on conviction, to a fine not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. 20.

(1) The Registrar shall keep and maintain a register in
which the Registrar shall enter the details and particulars relating
to—
(a) judges, judicial officers and judicial staff registered under
the Institute;
(b) the holder of certificates awarded by the Institute; and
(c) any other information that the Council may determine. (2) The register shall be kept in the custody of the Registrar
at the offices of the Institute and shall be open for inspection by
members of the public during normal office hours on payment of a
fee as the Council may determine. (3) A person may, on payment of a prescribed fee, require a
copy of a certificate awarded by the Institute or an extract of any
particulars from the register to be certified by the Registrar. (4) Any document purporting to be an extract or copy of an
entry in the Register and duly certified to be a true copy or extract
under the hand of the Registrar shall be received in evidence and
shall be prima facie evidence as to the matters stated therein in
any proceedings. Judicial Training Institute of Zambia [No. 14 of 2023 273
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Register

gs. Judicial Training Institute of Zambia [No. 14 of 2023 273
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Register

21. (1) The Institute may, in the exercise of its functions
under this Act, issue guidelines that are necessary for the better
carrying out of the provisions of this Act.
(2) The Institute shall publish the guidelines referred to under
subsection (1) in the Gazette, a daily newspaper of general
circulation in the Republic and any other electronic media that the
Institute may determine.
(3) The guidelines shall take effect on the date of publication.
22. (1) The Chief Justice may, in consultation with the
Council, by statutory instrument, make Regulations for the better
carrying out of the provisions of this Act.
(2) Despite the generality of subsection (1), Regulations under
that subsection may provide for the—
(a) manner and form of applications for entry into the Institute
and the fees payable;
(b) development of the Institute curriculum;
(c) preparation, setting and conduct of assessments; and
(d) issuance of certificates.
274 No. 14 of 2023 Judicial Training Institute of Zambia
Guidelines
Regulations