Small Claims Courts Act, 1992 (Chapter 47)
Zambia
Small Claims Courts Act, 1992
Chapter 47
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Commenced on 31 July 1992
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This Act may be cited as the Small Claims Courts Act. There is hereby established small claims courts which shall be situated in such areas as the Chief Justice may consider necessary, having regard to the needs of a particular area. One arbitrator, sitting alone, shall constitute a small claims court. The jurisdiction of a small claims court shall be limited to liquidated claims of not more than four thousand fee units and shall be exercised by way of arbitration.[As amended by Act No. 13 of 1994] The Commission acting in the name of, and on behalf of, the President may appoint such number of persons as it considers necessary to be arbitrators over small claims courts. No person shall be qualified to be appointed as an arbitrator unless he is a legal practitioner of not less than five years standing. An arbitrator shall be appointed on a part-time basis and shall be paid such allowance as may be prescribed under this Act. No person shall sit as an arbitrator in any matter in which he is a party or, in which he has a direct or indirect pecuniary or personal interest. A small claims court shall sit at such times and places as may be necessary for the convenient and speedy despatch of business. A small claims court shall, when adjudicating, aim at the reconciliation of the parties and it shall be the primary function of the court to do substantial justice between the parties. A small claims court shall hear the facts of the case and receive any documents relating to the claim before it and do all such things as are authorised by this Act or, as are necessary for the exercise of its functions under this Act. A counterclaim by the defendant may be made in a claim brought against him the claimant. A small claims court shall have the powers to enforce any award made under this Act including the issue of a warrant of distress under section twenty-four. The awards of a small claims court shall be final, but appeal to the High Court shall be allowed on points of law only. The court shall not order costs in any matter before it. Any person who is subject to the jurisdiction of a small claims court and who, without reasonable excuse—(a)fails to obey any summons issued by the court;(b)threatens, intimidates or insults that court while sitting in that capacity;(c)intentionally interrupts the proceedings of that court or otherwise behaves in a disorderly manner before that court;(d)deliberately omits to deliver up any document or thing in accordance with an order of the court;(e)refuses to answer any question asked by the court;(f)while any proceedings are in progress in the court, makes use of any speech or writing misrepresenting any proceedings of that court in such a way as to prejudice the arbitrator in favour of, or against, any party to those proceedings;(g)having the means to pay any sum awarded against him, or due from him, refuses or wilfully fails to make the payment after due notice; or(h)wilfully disobeys or fails to comply with any other lawful order of that court;shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding four hundred penalty units or to a term of imprisonment not exceeding six months, or to both.[As amended by Act No. 13 of 1994] Any person who obstructs, any officer of a small claims court or other person executing a warrant of distress or an order issued or made in the exercise of the powers conferred by this Act, shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding four hundred penalty units or to a term of imprisonment not exceeding six months, or to both.[As amended by Act No. 13 of 1994] Any person who, without lawful authority, purports to exercise judicial functions as an arbitrator or, falsely holds himself out to be an arbitrator, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding eight hundred penalty units or to a term of imprisonment not exceeding twelve months, or to both.[As amended by Act No. 13 of 1994] The following moneys shall be paid into, or paid out of a revolving fund created for that purpose under section eight of the Finance (Control and Management) Act:(a)prescribed fees paid to a small claims court in respect of proceedings before it;(b)money paid into a small claims court in the form of awards ordered to be paid to the other party; and(c)such other funds as the Permanent Secretary responsible for finance may determine to be paid into, or out of, the funds of a small claims court.[Cap. 347] No action or other proceedings shall lie or be instituted against an arbitrator or any other officer of a small claims court for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. The Chief Justice may, by statutory instrument, make rules for the better carrying out of the provisions of this Act, and, in particular, but without prejudice to the generality of such power, such rules may—(a)regulate the practice and procedure of small claims courts;(b)prescribe the fees to be charged under this Act;(c)prescribe forms;(d)prescribed the duties of officers of small claims courts;(e)prescribe allowances and expenses to be paid to the arbitrator; and(f)prescribe anything which is authorized or required to be prescribed under this Act.Part I – Preliminary
1. Short title
2. Interpretation
Part II – Establishment of small claims courts
3. Establishment of small claims courts
4. Composition of a small claims court
5. Jurisdiction of a small claims court
6. Appointment of arbitrators
7. Qualifications for appointment as arbitrator
8. Tenure of office
9. Conflict of interest
10. Appointment of small claims courts officers
11. Sittings
Part III – Proceedings in a small claims court
12. Proceedings to be in open court
13. Parties to appear in person
14. Aim of small claims court when adjudicating
15. Language to be used
16. Court not to be bound by formal rules of evidence
Part IV – Powers of a small claims court
17. General powers
18. Issue of summons
19. Counter-claims
20. Powers relating to orders
21. Powers relating to enforcement of awards
22. Finality of awards
23. Costs
24. Powers relating to warrants of distress
Part V – Offences relating to administration of justice
25. Contempt of a small claims court
26. Obstruction of officers of small claims courts
27. Adjudication without authority
Part VI – Miscellaneous
28. Funds of a small claims court
29. Administrative expenses
30. Immunity of arbitrators and officers of small claims courts
31. Rules