The Small Claims Court (Amendment) Act, 2025

An Act to amend the Small Claims Court Act.
[ 30th December, 2025
ENACTED by the Parliament of Zambia
1. This Act may be cited as the Small Claims Court
(Amendment) Act, 2025, and shall be read as one with the Small
Claims Court Act, in this Act referred to as the principal Act.
2. The principal Act is amended in section 2 by the—
(a) deletion of the definitions of “Commission” and “small
claim” and the substitution therefor of the following
definitions in the appropriate places in alphabetical order:
“Commission” means the Judicial Service
Commission established under the Constitution; and
“small claim” means a liquidated claim or counter
claim that does not exceed the sum that the Chief
Justice may, by statutory instrument, prescribe; and
(b) insertion of the following new definitions in the
appropriate places in alphabetical order:
Enactment
Short title
Cap. 47
Amendment
of
section 2
Cap. 1
[No. 15 of 2025 223Small Claims Court (Amendment)
GOVERNMENT OF ZAMBIA
ACT
No. 15 of 2025
Date of Assent: 23rd December, 2025
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 12.00 each.

f Assent: 23rd December, 2025
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 12.00 each.

“active politics” has the meaning assigned to the
words in the Benefits of Former Presidents Act;
“agent” means a person authorised by a body
corporate to appear before a small claims court on
behalf of that body corporate but does not include
a legal practitioner;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“judicial officer” has the meaning assigned to the
words in the Constitution;
“legally disqualified” means the absence of legal
capacity as provided under section 4 of the Mental
Health Act; and
“research advocate” means a person appointed as a
research advocate in a superior court by the
Commission. 3. Section 5 of the principal Act is amended by the deletion of
subsections (1) and (2) and the substitution therefor of the following:
(1) The jurisdiction of a small claims court shall be limited
to a small claim.

ubsections (1) and (2) and the substitution therefor of the following:
(1) The jurisdiction of a small claims court shall be limited
to a small claim.

(2) Despite the generality of subsection (1), a small claims
court shall have jurisdiction over a small claim arising from
the following causes of action:
(a) proceedings for the delivery of movable or immovable
property whose value does not exceed the
prescribed sum;
(b) proceedings for debts that are due and payable;
(c) proceedings for rentals that are due and payable in
respect of premises;
(d) proceedings for possession against the occupier of
premises where the rent of occupation per month
does not exceed the prescribed sum;
(e) proceedings relating to, or arising out of a cheque or
an acknowledgment of debt signed by a debtor;
(f) proceedings of claims arising out of the Money
Lender’s Act which does not exceed the prescribed
sum; and
(g) proceedings relating to prescribed liquidated
employment claims whose value does not exceed
the sum that the Chief Justice may, by statutory
instrument, prescribe. 4. The principal Act is amended by the repeal of section 6 and
the substitution therefor of the following:
6. (1) The Commission shall, in consultation with the
Chief Justice, appoint such number of commissioners for a
small claims court.

of the following:
6. (1) The Commission shall, in consultation with the
Chief Justice, appoint such number of commissioners for a
small claims court.

Amendment
of
section 5
Cap.398
Repeal and
replacement
of section 6
Cap. 15
Cap.1
Cap. 305
Appointment
of
commissioners
224 No. 15 of 2025] Small Claims Court (Amendment)
Cap.1

p.398
Repeal and
replacement
of section 6
Cap. 15
Cap.1
Cap. 305
Appointment
of
commissioners
224 No. 15 of 2025] Small Claims Court (Amendment)
Cap.1

(2) A commissioner appointed under subsection (1)
shall be appointed on a part-time basis. (3) The Chief Justice may, by Gazette Notice,
designate a judicial officer or research advocate to—
(a) hear and determine an action over a small claim;
and
(b) carry out the duties in the small claims court that
the Chief Justice may determine. (4) A judicial officer or research advocate designated
under subsection (3) shall be appointed on a part-time basis. 5. The principal Act is amended by the repeal of section 8 and
the substitution therefor of the following:
8. (1) A commissioner shall hold office for a term of five
years and may be re-appointed for a further and final term of
five years.

of the following:
8. (1) A commissioner shall hold office for a term of five
years and may be re-appointed for a further and final term of
five years.

(2) The office of a commissioner becomes vacant if the
commissioner—
(a) dies;
(b) resigns, by giving one month notice, in writing, to the
Commission;
(c) is legally disqualified from performing the functions
of a commissioner;
(d) is convicted of an offence under this Act or any
other written law and sentenced to imprisonment
for a term exceeding six months without the option
of a fine;
(e) is adjudged bankrupt;
(f) is removed from office by the Commission on grounds
of miscounduct or breach of trust; or
(g) engages in active politics. (3) A commissioner shall be paid allowances that the
Emoluments Commission may, on the recommendation of the
Commission, determine. 6. The principal Act is amended by the repeal of section 12A
and the substitution therefor of the following:
12A. (1) A person may institute an action in the small
claims court or become a party to an action before the small
claims court, as a defendant. Repeal and
replacement
of section 8
Tenure of
office,
vacancy and
emoluments
for
commissioners
Repeal and
replacement
of section
12A
Commen-
cement of
action
[No. 15 of 2025 225Small Claims Court (Amendment)

ancy and
emoluments
for
commissioners
Repeal and
replacement
of section
12A
Commen-
cement of
action
[No. 15 of 2025 225Small Claims Court (Amendment)

7. Section 13 of the principal Act is amended by the deletion
of subsection (3) and the substitution therefor of the following:
(3) Subject to subsection (1), a body corporate or an
unincorparated body which is a party to the proceeding before a
small claims court may be represented by an—
(a) officer or employee of that body corporate or unincorporated
body; or
(b) agent who is authorised by that body corporate or
unincorporated body to appear on its behalf. 8. Section 16C (1) of the principal Act is amended by the
insertion of the words “small claims” immediately before the word
“court”. 9. The principal Act is amended by the repeal of section 19
and the substitution therefor of the following:
19. (1) A counter-claim by a defendant may be made in
a small claim brought against that defendant by the plaintiff. (2) Where a counter-claim is made by a defendant under
subsection (1), the counter-claim shall not exceed the
jurisdictional limit of the small claims court. 10. The principal Act is amended by the repeal of section 21
and the substitution therefor of the following:
21.

onal limit of the small claims court. 10. The principal Act is amended by the repeal of section 21
and the substitution therefor of the following:
21.

The provisions of the High Court Act, Subordinate
Court Act and Debtors Act shall apply, with the necessary
modifications, to the enforcement of a judgement made under
this Act. 11. Section 22A of the principal Act is amended—
(a) in subsection (1), by the—
(i) insertion of the following new paragraph
immediately after paragraph (b):
(c) errors on the record; and
(ii) renumbering of paragraphs (c) and (d) as
paragraphs (d) and (e), respectively; and
(b) by the insertion of the following new subsection
immediately after subsection (2):
(3) Where a matter is brought before a panel of
commisioners on review in accordance with
subsection (1), the commissioner that
adjudicated on the matter shall not sit on the
panel of commissioners on review. Amendment
of section 13
Amendment
of section
16C
Repeal and
replacement
of section 19
Counter-
claim
Repeal and
replacement
of section 21
Enforcement
of judgement
Cap. 27
Cap. 28
Cap. 77
Amendment
of section
22A
226 No. 15 of 2025] Small Claims Court (Amendment)

replacement
of section 21
Enforcement
of judgement
Cap. 27
Cap. 28
Cap. 77
Amendment
of section
22A
226 No. 15 of 2025] Small Claims Court (Amendment)

12. Section 22B of the principal Act is amended by the—
(a) deletion of subsection (1) and the substitution therefor of
the following:
(1) A panel of commissioners may, on review of a
judgement, confirm or set aside a judgement, by
majority, on satisfying themselves that any of the
grounds specified under section 22A are proved.; and
(b) insertion of the following new subsection immediately after
subsection (2):
(3) A panel of commissioners shall, when reviewing a
judgment on the ground of errors on the record, only
determine the matter in respect to the errors on the
record and shall not hear the matter in full. 13. The principal Act is amended by the repeal of section 24
and the substitution therefor of the following:
24. The provisions of the High Court Act, Subordinate
Court Act and Debtors Act shall apply, with the necessary
modifications, to a writ of execution made under this Act. 14. The principal Act is amended by the repeal of section 25
and the substitution therefor of the following:
25.

rit of execution made under this Act. 14. The principal Act is amended by the repeal of section 25
and the substitution therefor of the following:
25.

(1) A person who is before a small claims court shall
not—
(a) threaten, intimidate or insult the small claims court
while sitting in that capacity;
(b) intentionally interrupt the proceedings of the small
claims court or behave in a disorderly manner
before the small claims court;
(c) deliberately omit to deliver up a document or thing in
accordance with an order of the small claims court;
(d) refuse to answer a question asked by the small claims
court;
(e) while proceedings are in progress in the small claims
court, make use of any speech or writing
misrepresenting any proceedings of the small claims
court in a way as to prejudice the commissioner in
favour of, or against, any party to those
proceedings; or
Repeal and
replacement
of section 24
Writ of
execution
Cap. 27
Cap. 28
Cap. 77
Repeal and
replacement
of section 25
Contempt of
small claims
court
[No. 15 of 2025 227Small Claims Court (Amendment)
Amendment
of section
22B

Cap. 77
Repeal and
replacement
of section 25
Contempt of
small claims
court
[No. 15 of 2025 227Small Claims Court (Amendment)
Amendment
of section
22B

(f) wilfully disobey or fail to comply with any lawful
order of the small claims court. (2) A person who contravenes subsection (1) commits
an offence and is liable, on conviction, to a fine not exceeding
fifty thousand penalty units or to imprisonment for a term not
exceeding six months, or to both. 15. Section 26 of the principal Act is amended by the deletion
of the words “four hundred” and the substitution therefor of the
words “twenty-five thousand”. 16. Section 27 of the principal Act is amended by the deletion
of the words “eight hundred” and the substitution therefor of the
words “fifty thousand”. 17. The principal Act is amended by the repeal of section 28
and the substitution therefor of the following:
28. The funds of the small claims court consist of monies
that may—
(a) be appropriated by Parliament;
(b) be paid by way of fees to a small claims court in
respect of proceedings before it; and
(c) vest in, or accrue to, the small claims court. 18. Section 29 of the principal Act is amended by the deletion
of subsection (2) and the substitution therefor of the following:
(2) A party shall pay a prescribed fee when lodging a
document under this Act. 19.

n
of subsection (2) and the substitution therefor of the following:
(2) A party shall pay a prescribed fee when lodging a
document under this Act. 19.

Section 31 of the principal Act is amended by the—
(a) deletion of paragraph (e); and
(b) renumbering of paragraph (f) as paragraph (e). Repeal and
replacement
of section
28
Funds of
Small Claims
Court
Amendment
of section 29
Amendment
of section
31
228 No. 15 of 2025] Small Claims Court (Amendment)
Amendment
of section 26
Amendment
of section 27