The Judiciary Administration

THE JUDICIARY ADMINISTRATION ACT, 2016
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY P ROVISIONS
Section
1. Short title
2. Interpretation
PART II
ADMINISTRATION O F J UDICIARY
3. Judicial ranking
4. Establishment of committees
5. Functions of Chief Administrator
6. Vacancy in office of Chief Administrator
7. Appointment of judicial officers and other staff
8. Functions of Chief Registrar
9. Suspension or removal of Chief Registrar
10. Vacancy in office of Chief Registrar
11. Functions of Registrar
12. Judicial staff
13. Research advocates
14. Oath of office
15. Exercise by Commission of disciplinary powers
16. Emoluments
PART III
F INANCIAL PROVISIONS
17. Funds of Judiciary
18. Financial year
19. Accounts and audit
20. Annual report
PART IV
GENERAL P ROVISIONS
21. Allocation of court work
22. Capital expenditure on property and buildings
23. Regulations
24. Repeal of Cap. 24 and transitional arrangements for staff
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K48.00 each
Judiciary Administration [No. 23 of 2016 559

of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K48.00 each
Judiciary Administration [No. 23 of 2016 559

A BILL
ENTITLED
An Act to revise the law relating to the administration of
the Judiciary; make provision for the appointment of
judicial officers and staff of the Judiciary; repeal and
replace the Judicature Administration Act, 1994; and
provide for matters connected with, or incidental to, the
foregoing.
[7th June, 2016
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY P ROVISIONS
1. This Act may be cited as the Judiciary Administration Act,
2016.
2. In this Act, unless the context otherwise requires—
“Commission” means the Judicial Service Commission
established in Article 220 of the Constitution;
“Chief Administrator” means the Chief Administrator of the
Judiciary appointed pursuant to Article 146 of the
Constitution;
“Chief Registrar” means the Chief Registrar of the Judiciary
appointed under section seven;
Judiciary Administration [No. 23 of 2016 561
Enactment
Short title
Cap. 1
Cap. 1
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 23 of 2016
Date of Assent:6th June, 2016

istration [No. 23 of 2016 561
Enactment
Short title
Cap. 1
Cap. 1
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 23 of 2016
Date of Assent:6th June, 2016

“court” does not include a courtmartial;
“court fees” means any fees, commissions or charges payable
under any law in connection with the lodgement, service,
execution or administrative processing of any writ,
application or other legal process, and includes sheriff’ fees
and any commission, late fees or other charges so payable;
“court martial” has the meaning assigned to it in the Defence
Act;
“emoluments” has the meaning assigned to it in the
Constitution;
“Emoluments Commission” means the Emoluments
Commission established in Article 232 of the Constitution;
“higher education institution” has the meaning assigned to it
in the Higher Education Act, 2013;
“Judiciary” means the superior courts, the subordinate courts,
small claims courts, local courts and any other courts
established under any written law;
“Judicial Service” means the Judicial Service established in
Article 219 of the Constitution;
“judge” has the meaning assigned to it in the Constitution;
“judicial officer” means a person appointed under section
seven;
“judicial staff” means a person employed in the Judicial
Service with power to exercise functions, except judicial
authority, as may be conferred by or under this Act, or any
other written law;
“judicial authority” has the meaning assigned to it in the
Constitution;
“member of the Judiciary” means
(a) a judge;
(b) a judicial officer; and
(c) an officer with power to hold or exercise, in open court,
the judicial powers of a court;
“practitioner” has the meaning assigned to it in the Legal
Practitioners Act;
“Registrar” means the Registrar of a superior court appointed
under section seven; and
“superior court” has the meaning assigned to it in the
Constitution; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

tion; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

562 No. 23 of 2016] Judiciary Administration
Cap. 106
Cap. 1
Cap. 1
Act No. 4 of
2013
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Act No. 13 of
2011

562 No. 23 of 2016] Judiciary Administration
Cap. 106
Cap. 1
Cap. 1
Act No. 4 of
2013
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Act No. 13 of
2011

PART II
ADMINISTRATION O F J UDICIARY
3. (1) Judges of the superior courts, other than the Chief
Justice, Deputy Chief Justice, President of the Constitutional Court
and Deputy President of the Constitutional Court, shall rank
according to the date on which they were appointed as judges of a
superior court. (2) Subject to subsection (1), judges who hold equal office
shall rank according to the date on which their names were entered
on the roll of practitioners kept for the purposes of the Legal
Practitioners Act. 4. (1) The Chief Justice may constitute advisory committees,
consisting of judges or persons with knowledge of the work of the
courts and prevailing social conditions, to advise on matters relating
to the Judiciary as the Chief Justice may consider necessary. (2) A committee constituted under subsection (1) may, subject
to any directions of the Chief Justice, regulate its own procedure,
and its members shall hold office on such terms as the Chief Justice
may determine. 5.

ny directions of the Chief Justice, regulate its own procedure,
and its members shall hold office on such terms as the Chief Justice
may determine. 5.

(1) The Chief Administrator shall—
(a) be the chief executive officer of the Judiciary;
(b) be responsible to the Chief Justice for the day to day
administration of the Judiciary and for the implementation
of resolutions of the Commission in respect of the
Judicial Service;
(c) in relation to the expenditure of the Judiciary, be the
controlling officer within the meaning of the Public
Finance Act, 2004; and
(d) perform such other powers and functions as may be
conferred by or under this Act, or any other written
law. (2) The functions of the Chief Administrator shall not extend
to any matter assigned by law to a judge or judicial officer. (3) A person qualifies for appointment as Chief Administrator
if the person—
(a) has, as a minimum academic qualification, a degree in
public administration, law or other Social Science from
a—
(i) higher education institution established , declared
or registered under the Higher Education Act,
2013: or
(ii) foreign higher education institution whose
qualifications are recognised by the Zambia
Qualifications Authority; and
Judiciary Administration [No.

ii) foreign higher education institution whose
qualifications are recognised by the Zambia
Qualifications Authority; and
Judiciary Administration [No.

23 of 2016 563
Establishment
of
committees
Functions
and
qualifications
of
Chief
Administrator
Judicial
ranking
Cap 30
Act No. 15 of
2004
Act No. 4 of
2013

2016 563
Establishment
of
committees
Functions
and
qualifications
of
Chief
Administrator
Judicial
ranking
Cap 30
Act No. 15 of
2004
Act No. 4 of
2013

(b) has proven knowledge and experience in public
administration; and
(c) is of high integrity and good character. (4) The Chief Administrator shall hold office on such terms
and conditions as the Commission may determine. 6. (1) The office of Chief Administrator becomes vacant
if the Chief Administrator—
(a) dies;
(b) resigns;
(c) retires;
(d) is adjudged bankrupt;
(e) is convicted of an offence under any written law and is
sentenced to imprisonment for a period exceeding six
months without the option of a fine;
(f) is removed from office by the Commission, for good cause;
or
(g) becomes mentally or physically incapable of performing
the functions of Chief Administrator.

ved from office by the Commission, for good cause;
or
(g) becomes mentally or physically incapable of performing
the functions of Chief Administrator.

(2) Where the office of the Chief Administrator is vacant or
the Chief Administrator is unable to perform the functions under
this Act, the Chief Justice shall, if the vacancy—
(a) is temporary, appoint any person, from amongst senior
persons employed in the Judicial Service, to perform
the functions of the Chief Administrator and inform the
Commission accordingly; or
(b) relates to the absence of the Chief Administrator for a
period of more than thirty days, refer the matter to the
Commission for appointment of a person to act in that
position. (3) A person appointed to act in the position of Chief
Administrator shall act in that capacity until the Chief Administrator
returns to the office or until such time as the Commission appoints
a substantive Chief Administrator. 7. (1) The Commission shall appoint the following judicial
officers:
(a) Chief Registrar;
(b) Registrar, Deputy Registrar, Assistant Registrar, District
Registrar or other like functionary of any court;
(c) Master, Deputy Master or Assistant Master of the
Supreme Court;
564 No. 23 of 2016] Judiciary Administration
Appointment
of judicial
officers and
other staff
Vacancy in
office of
Chief
Administrator

Supreme Court;
564 No. 23 of 2016] Judiciary Administration
Appointment
of judicial
officers and
other staff
Vacancy in
office of
Chief
Administrator

(d) Master, Deputy Master or Assistant Master of the
Constitutional Court;
(e) Chief Resident Magistrate, Principal Resident Magistrate,
Senior Resident Magistrate, Resident Magistrate,
Magistrate and Clerk of a Subordinate Court;
(f) Senior Presiding Magistrate and Presiding Magistrate of
a Local Court;
(g) Director of Local Courts, Provincial Local Courts Officer
and Local Court Officer; and
(h) an officer with power to hold or exercise, in open court,
the judicial powers of any court. (2) A person is qualified for appointment as Chief Registrar if
the person—
(a) is a practitioner;
(b) has proven knowledge and experience in the performance
of judicial functions or has served as a research advocate
in a superior court; and
(c) is of high integrity and good character. (3) A person is qualified for appointment as Registrar of a
superior court if the person—
(a) is a practitioner;
(b) has proven knowledge and experience in the performance
of judicial functions or has served as a research advocate
in a superior court; and
(c) is of high integrity and good character.

ce in the performance
of judicial functions or has served as a research advocate
in a superior court; and
(c) is of high integrity and good character.

(4) A person is qualified for appointment as a magistrate, other
than a magistrate or judicial officer of a local court, if the person—
(a) has, as a minimum academic qualification, a degree in
law from a—
(i) higher education institution established, declared
or registered under the Higher Education Act,
2013; or
(ii) foreign higher education institution whose
qualifications are recognised by the Zambia
Qualifications Authority;
(b) has high integrity and good character;
(c) has management skills;
(d) has proficiency in computer applications; and
(e) does not have pending complaints before the Disciplinary
Committee established under the Legal Practitioners Act
in the case of a practitioner. Judiciary Administration [No. 23 of 2016 565
Act No. 4 of
2013
Cap. 30

ee established under the Legal Practitioners Act
in the case of a practitioner. Judiciary Administration [No. 23 of 2016 565
Act No. 4 of
2013
Cap. 30

(5) The Commission shall appoint such other staff as may be
necessary to assist the Chief Administrator in the performance of
functions of that office. (6) A person appointed under this section shall, subject to this
Act, hold office on such terms and conditions as the Commission
may determine. 8. (1) The Chief Registrar shall be assisted by a Registrar
of each superior court and such number of Deputy Registrars as
the Commission may determine. (2) The Chief Registrar shall—
(a) facilitate the performance of judicial functions;
(b) coordinate judicial matters;
(c) synchronise and produce a comprehensive performance
report of the judicial functions;
(d) provide the link between the Judiciary and the Commission
on the appointment, promotion and disciplinary matters
of judicial officers;
(e) be the Secretary to the Commission; and
(f) advise the Government on matters relating to the judicial
profession. 9.

matters
of judicial officers;
(e) be the Secretary to the Commission; and
(f) advise the Government on matters relating to the judicial
profession. 9.

(1) The Commission may suspend or remove the Chief
Registrar for—
(a) inability to perform the functions of office, whether arising
from a mental or physical disability;
(b) misbehaviour;
(c) incompetence;
(d) breach of the code of conduct for judicial officers;
(e) bankruptcy; or
(f) any other good cause. (2) The Commission shall, before suspending or removing the
Chief Registrar from office under subsection (1), inform the Chief
Registrar of the matter, in writing, and give the Chief Registrar an
opportunity to be heard on any ground stated for the intended
suspension or removal. 10. (1) Where the office of Chief Registrar falls vacant, or if,
for any reason, the Chief Registrar is unable to perform the functions
of office, the Chief Justice shall appoint a person who is qualified
for appointment as a Chief Registrar to perform the functions of
the Chief Registrar. (2) A person appointed under subsection (1) shall have, and
may exercise, the functions of the Chief Registrar subject to such
conditions, exceptions or qualification as the Chief Justice may
direct in writing. 566 No.

cise, the functions of the Chief Registrar subject to such
conditions, exceptions or qualification as the Chief Justice may
direct in writing. 566 No.

23 of 2016] Judiciary Administration
Suspension
or removal
of Chief
Registrar
Vacancy in
office of
Chief
Registrar
Functions of
Chief
Registrar

23 of 2016] Judiciary Administration
Suspension
or removal
of Chief
Registrar
Vacancy in
office of
Chief
Registrar
Functions of
Chief
Registrar

11. (1) The Registrar of a superior court shall perform such
functions as may be assigned to the Registrar by the Chief Registrar,
this Act or any other written law. (2) Despite the generality of subsection (1), the Registrar
shall—
(a) prepare the annual calendar of the court;
(b) discharge duties provided for under rules of court;
(c) draw court orders or decrees as directed by the court;
(d) execute or ensure compliance with court orders;
(e) be, and discharge duties of, a taxing master; and
(f) supervise duties relating to the court as delegated to any
Deputy Registrar. 12. The Commission shall appoint the following judicial staff:
(a) research advocates;
(b) sheriffs;
(c) such other officers of any court, required for purposes of
any written law; and
(d) court reporters, interpreters and other staff of any court
as the Commission may prescribe. 13. A judge of a superior court shall have a research advocate
who shall be a practitioner, with at least two years post qualification
experience. 14.

13. A judge of a superior court shall have a research advocate
who shall be a practitioner, with at least two years post qualification
experience. 14.

A judicial officer, the Chief Administrator and such other
staff as the Commission may require to do so shall, on first
appointment, take an oath or make an affirmation in accordance
with the Official Oaths Act. 15. (1) The Commission shall exercise its powers with respect
to the dismissal, disciplinary action or termination of appointment
of a person appointed under this Act in accordance with regulations
made by the Commission. (2) The Commission shall, at the request of the Chief
Administrator, hear the Chief Administrator personally in connection
with the exercise, by the Commission, of the powers referred to in
this section. 16. The emoluments of a judge, judicial officer and member
of staff of the Judiciary shall be determined by the Emoluments
Commission, on the recommendation of the Commission. PART III
F INANCIAL PROVISIONS
17. (1) The funds of the Judiciary shall consist of such monies
as may—
(a) be appropriated by Parliament for purposes of the Judiciary;
(b) be paid to the Judiciary by way of court fees, grants, gifts,
donations or bequests; or
Judiciary Administration [No.

r purposes of the Judiciary;
(b) be paid to the Judiciary by way of court fees, grants, gifts,
donations or bequests; or
Judiciary Administration [No.

23 of 2016 567
Functions of
Registrar
Judicial staff
Research
advocates
Oath of
office
Exercise by
Commission
of
disciplinary
powers
Cap. 5
Emoluments
Funds of
Judiciary

tions of
Registrar
Judicial staff
Research
advocates
Oath of
office
Exercise by
Commission
of
disciplinary
powers
Cap. 5
Emoluments
Funds of
Judiciary

(c) vest in or accrue to the Judiciary from investments, fees
or levies administered by the Judiciary. (2) There shall be paid out of the funds of the Judiciary—
(a) the salaries, allowances and loans of members of the
Judiciary and the judicial staff;
(b) such travelling, transport and subsistence allowances for
judges, judicial officers and staff as may be determined
by the Emoluments Commission; and
(c) any other administrative expenses incurred by members
of the Judiciary in the exercise and performance of its
powers and functions, other than capital expenditure
arising under section twenty-two. 18. The financial year of the Judiciary shall be the period of
twelve months ending on 31st December in each year. 19. (1) The Chief Administrator shall cause to be kept proper
books of account and other records relating to the accounts of the
Judiciary. (2) The accounts of the Judiciary shall be audited annually by
the Auditor General. (3) The Auditor-General’s fees shall be paid by the Judiciary. 20.

(2) The accounts of the Judiciary shall be audited annually by
the Auditor General. (3) The Auditor-General’s fees shall be paid by the Judiciary. 20.

(1) As soon as practicable, but not later than six months
after the expiry of the financial year, the Chief Administrator shall
submit to the National Assembly a report concerning the activities
of the Judiciary during that financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Judiciary and there shall
be appended to the report—
(a) an audited statement of financial position of the Judiciary;
(b) an audited statement of comprehensive income; and
(c)such other information as the National Assembly may require. (3) The Minister 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), lay the report before the National
Assembly. PART IV
GENERAL PROVISIONS
21. The Chief Justice shall designate, in respect of each court,
a judge or judicial officer who shall be responsible for allocation of
the court’s professional work. 22. The Government shall provide, equip and maintain such
court houses, offices, judges’ lodges and other buildings as may be
necessary for the purposes of the Judiciary. 23.

provide, equip and maintain such
court houses, offices, judges’ lodges and other buildings as may be
necessary for the purposes of the Judiciary. 23.

(1) The Commission may make regulations for the better
carrying out of the provisions of this Act. 568 No. 23 of 2016] Judiciary Administration
Financial
year
Accounts and
audit
Allocation of
court work
Capital
expenditure on
property and
buildings
Regulations
Annual
report

iary Administration
Financial
year
Accounts and
audit
Allocation of
court work
Capital
expenditure on
property and
buildings
Regulations
Annual
report

(2) Without limiting the generality of subsection (1), regulations
may be made for or with respect to
(a) prescribing the qualifications for appointment to a post in
the Judicial Service;
(b) the procedure to be followed by a committee constituted
under section four;
(c) confirmation of appointments and promotions to offices in
the Judicial Service;
(d) the disciplinary control of persons holding or acting in
offices in the Judicial Service. (e) the termination of appointments and the removal of persons
from office;
(f) the transfer or secondment of any person holding any
office; and
(g) training courses as may be considered necessary for
promoting or maintaining efficiency in the Judicial
Service. (3) Regulations under this section may make different provisions
for different categories of officers and may authorise the
Commission to delegate any of its powers to the Chief Administrator
or a member of staff of the Commission. 24. (1) The Judicature Administration Act, 1994, is repealed.

ate any of its powers to the Chief Administrator
or a member of staff of the Commission. 24. (1) The Judicature Administration Act, 1994, is repealed.

(2) A person who, immediately before the commencement of
this Act, was employed, whether on permanent and pensionable
establishment or on secondment, as a research advocate, sheriff,
court reporter, court interpreter or other officer or functionary in
connection with the operation or administration of any court or
courts, shall be deemed, on the commencement of this Act, to be a
member of the staff of the Judiciary. (3) Despite subsection (2), a person who has been seconded
to the Judiciary may signify to the Commission, in writing, within a
period of three months, the intention to be re-deployed to another
Commission. (4) Nothing in this section—
(a) affects any power of the Commission to employ any
person in a temporary position; or
(b) precludes the making of arrangements for the secondment
or further secondment of an officer to any position. Judiciary Administration [No. 23 of 2016 569
Repeal of
Cap. 24 and
transitional
arrangements
for staff

570