The Supreme Court (Amendment)

An Act to amend the Supreme Court of Zambia Act. [7th June, 2016
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Supreme Court of Zambia
(Amendment) Act, 2016, and shall be read as one with the Supreme
Court of Zambia Act, in this Act referred to as the principal Act. 2. Section two of the principal Act is amended by the insertion,
in the appropriate place, of the following definition:
“Court of Appeal” means the Court of Appeal established
under Article 130 of the Constitution;. 3. Section four of the principal Act is amended by the deletion
of the words “or a final decision in the exercise of its original
jurisdiction”. 4. Section seven of the principal Act is amended by the deletion
of the words “or original”. 5. The principal Act is amended by the repeal of section twelve. 6. The principal Act is amended by the repeal of section
fourteen. 7. The principal Act is amended by the repeal of section fifteen
and the substitution therefor of the following:
15. (1) The Court shall allow an appeal against
conviction on the following grounds:
(a) the conviction, in all the circumstances of the case,
is unsafe or unsatisfactory;
Supreme Court (Amendment) [No.

iction on the following grounds:
(a) the conviction, in all the circumstances of the case,
is unsafe or unsatisfactory;
Supreme Court (Amendment) [No.

24 of 2016 571
Title
Enactment
Cap. 25
Cap. 1
Amendment
of section 4
Amendment
of section 2
Amendment
of section 7
Repeal and
replacement
of section 15
Repeal of
section 14
Determination
of appeals
Repeal of
section 12
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K12.00
GOVERNMENT OF ZAMBIA
ACT
No. 24 of 2016
Date of Assent: 6th June, 2016

obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka. Price K12.00
GOVERNMENT OF ZAMBIA
ACT
No. 24 of 2016
Date of Assent: 6th June, 2016

572 No. 24 of 2016] Supreme Court (Amendment)
(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 interests 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 Court of
Appeal, the Court shall, in addition, have power to restore the
conviction of the trial court.

n the case of an appeal from a judgment of the Court of
Appeal, 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
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. 8. The principal Act is amended by the repeal of section
seventeen and the substitution therefor of the following:
17. (1) A person who intends to appeal against a judgment
of the Court of Appeal shall give a notice of intention to appeal
within fourteen days of obtaining leave of the Court of Appeal
in the manner and form prescribed by rules of the Court of
Appeal. Repeal and
replacement
of section 17
Time for
appealing

eave of the Court of Appeal
in the manner and form prescribed by rules of the Court of
Appeal. Repeal and
replacement
of section 17
Time for
appealing

(2) If the intending appellant is in prison, the notice of
intention to appeal or application, as the case may be, may,
within the period of fourteen days referred to in subsection
(1) be given to the officer-in-charge of the prison, who shall
forward it to the Registrar of the Court of Appeal. (3) The Court may extend the time for giving notice of
intention to appeal or of submitting an application for leave to
appeal despite the time for giving the notice or submitting the
application having already expired. (4) Where a sentence of death has been passed, an
extension of time referred to in subsection (3) shall not be
granted after the sentence has been confirmed by the
President. 9. The principal Act is amended by the repeal of section twenty. 10.

(3) shall not be
granted after the sentence has been confirmed by the
President. 9. The principal Act is amended by the repeal of section twenty. 10.

Section twenty-two of the principal Act is amended—
(a) in subsection (1)—
(i) by the deletion of the words
“High Court” and the substitution therefor of the
words “Court of Appeal”; and
(ii) by the deletion of the words “ three hundred and
thirty-six of the Criminal Procedure Code” and
the substitution therefor of the words “ eighteen
of the Court of Appeal Act, 2016”; and
(b) by the repeal of subsection (2) and the substitution therefor
of the following:
(2) The time during which an appellant, pending
the determination of the appellant’s appeal—
(a) is admitted to bail and, subject to any
directions which the Court may give to
the contrary in an appeal; or
(b) if in custody, is treated as an unconvicted
prisoner under this section;
shall not count as part of any term of imprisonment
under the appellant’s sentence. Supreme Court (Amendment) [No. 24 of 2016 573
Repeal of
section 20
Amendment
of section 22
Cap. 88
Act No. 7 of
2016

t
under the appellant’s sentence. Supreme Court (Amendment) [No. 24 of 2016 573
Repeal of
section 20
Amendment
of section 22
Cap. 88
Act No. 7 of
2016

(3) The imprisonment of an appellant referred
to in subsection (2) 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 appeal is determined;
or
(b) if the appellant is not in custody, from
the day on which the appellant is
received into jail under the sentence. 11. Part IV of the principal Act is amended, in the heading, by
the deletion of the words “HIGH COURT” and the substitution
therefor of the words “COURT OF APPEAL”. 12. The principal Act is amended by the repeal of section
twenty-three and the substitution therefor of the following:
23. Subject to the exceptions and restrictions contained
in section twenty-four, an appeal in a civil case or matter
shall lie to the Court from a judgment of the Court of Appeal. 13. The principal Act is amended by the deletion of section
twenty-four and the substitution therefor of the following:
24.

nt of the Court of Appeal. 13. The principal Act is amended by the deletion of section
twenty-four and the substitution therefor of the following:
24.

An appeal shall not lie—
(a) from an order allowing an extension of time for
appealing from a judgment;
(b) from a judgment given by the Court of Appeal without
the leave of that court or, if that has been refused,
without the leave of a judge of the Court;
(d) from an order of the Court of Appeal or any judge
of the Court of Appeal made with the consent of
the parties or from an order relating to costs only
which by law is left to the discretion of the court
without the leave of the court or of the judge who
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
Court of Appeal or from an interlocutory order or
interlocutory judgment made or given by a judge
of the Court of Appeal, without the leave of the
judge or, if that has been refused, without the leave
of a judge of the Court. 574 No. 24 of 2016] Supreme Court (Amendment)
Amendment
of Part IV
Repeal and
replacement
of
section 23
Right of
appeal in
civil cases
Amendment
of section 24
Restrictions
on civil
appeals

ndment)
Amendment
of Part IV
Repeal and
replacement
of
section 23
Right of
appeal in
civil cases
Amendment
of section 24
Restrictions
on civil
appeals

14. Section twenty-five of the principal Act is amended by
the deletion of paragraph (b).
15. Part V of the principal Act is amended, in the heading, by
the deletion of the word “MISCELLANEOUS” and the substitution
therefor of the words “GENERAL PROVISIONS”.
16. Section twenty-six of the principal Act is amended in
subsection (2) by the deletion of the words “the same, as nearly as
may be, as that which is used in the High Court” and the substitution
therefor of the words “prescribed in the rules of the Court”.
17. Section twenty-nine of the principal Act is amended by
the deletion of subsection (3).
Supreme Court (Amendment) [No. 24 of 2016 575
Amendment
of section 25
Amendment
of Part V
Amendment
of section 26
Amendment
of section 29

576