Related documents
- Is commenced by Legal Aid Act (Commencement) Order, 2021
- Repeals Legal Aid Act, 1967
Zambia
Legal Aid Act, 2021
Act 1 of 2021
- Published in Government Gazette on 24 March 2021
- Assented to on 23 March 2021
- Commenced on 9 November 2021 by Legal Aid Act (Commencement) Order, 2021
- [This is the version of this document from 24 March 2021.]
Part I – Preliminary
1. Short title and commencement
2. Interpretation
In this Act, unless the context otherwise requires—"alternative dispute resolution" includes mechanisms such as mediation, conciliation, negotiation and arbitration aimed at preventing, settling or resolving a dispute;"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"Authority" means the Technical Education, Vocational and Entrepreneurship Training Authority established under the Technical Education, Vocational and Entrepreneurship Training Act, 1998;[Act No. 13 of 1998]"Board" means the Board of the Legal Aid Board constituted under section 8;"Chairperson" means the person appointed as the Chairperson of the Board under section 8;"civil society organisation" means a registered non-state legal entity not established or operated for profit;"court" has the meaning assigned to the word in the Constitution;[Cap. 1]"Director" means the person appointed as Director of the Legal Aid Board under section 10;"eligible person" means a person to whom legal aid may be granted on the basis of the means test and in the interest of justice;"Fund" means the Legal Aid Fund continued under section 40;"judicare" means the provision of legal aid, free of charge or at a fee, by a practitioner registerd by the Legal Aid Board;"judicial officer" has the meaning assigned to the words in the Judiciary Administration Act, 2016;"Lands Tribunal" means the Lands Tribunal established under the Lands Tribunal Act, 2010;[Act No. 23 of 2016]"legal advice" means the provision of advice on a question of the law and includes advice and assistance in the preparation of legal documents for purposes that are not related to any proceedings for which legal aid may be given;[Act No. 39 of 2010]"legal aid" has the meaning assigned to the word under section 6;"legal aid Board" means the Legal Aid Board continued under section 4;"legal aid service provider" means a person who provides legal aid and includes a civil society organisation or a higher education institution law clinic registered under this Act;"legal assistance" means the assistance provided to a person in executing some legal act to protect the person’s rights or in taking some preparatory steps towards doing so in the context of formal court proceedings, including steps that are preliminary or incidental to formal court proceedings, or steps aimed at arriving at, or giving effect to a compromise to avoid or bring to an end formal proceedings, including court-annexed mediation;"legal assistant" means a person who—(a)holds a degree in law or equivalent from an accredited university; and(b)is registered by the Board under section 25;"legal education" means the provision of law-related education through the general dissemination of information about the law to the population or specific groups of persons;"legal information" means information on legal rights, responsibilities, procedures, available remedies and how to exercise them;"legal representation" refers to representation before a court, tribunal or administrative body based on a privileged relationship between a practitioner and a client;"legal services" include legal education, legal information, legal advice, legal assistance, legal representation and assistance with alternative dispute resolution;"legally aided person" means a person who is granted legal aid under this Act;"legally disqualified" means having no legal capacity as provided in section 4 of the Mental Health Act, 2019;[Act No. 6 of 2019]"local court" means a court established under the Local Courts Act;[Cap. 29]"means test" means an assessment to determine whether an applicant for legal aid has insufficient means to enable the applicant pay for legal services;"paralegal" means a person registered as a paralegal under section 19;"practitioner" means a person admitted to practice as an advocate under the Legal Practitioners Act and in private practice;[Cap. 30]"public service" has the meaning assigned to the words in the Constitution;[Cap. 1]"Registrar" means the Registrar of the High Court;"registered higher education institution law clinic" means a legal clinic affiliated to a school of law of a higher education institution providing legal studies and registered by the Legal Aid Board to provide legal aid;"relative" has the meaning assigned to the word under the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"repealed act" means the Legal Aid Act, 1967;[Act No. 30 of 1967]"specified offence" means an offence of a class specified by the Minister, by statutory order, under section 43;"State institution" has the meaning assigned to the words in the Constitution;[Cap. 1]"subordinate court" means a court established under the Subordinate Courts Act; and[Cap. 28]"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.[Act No. 13 of 2011]3. Application
This Act does not apply to paralegals employed by a State institution or in the public service.Part II – Legal Aid Board
4. Continuation of Legal Aid Board
5. Functions of Legal Aid Board
The functions of the Legal Aid Board are to—6. Scope of legal aid
7. Autonomy of Legal Aid Board
The Legal Aid Board shall, in the performance of its functions, be independent of the direction or control of any person or authority except as otherwise provided for under this Act.8. Constitution of Board
9. Functions of Board
10. Director and other staff
11. Right of audience of Legal Aid Assistant
Part III – Practitioners, legal assistants, paralegals and legal aid service providers
A. Practitioners under judicare
12. Application for registration as practitioner under judicare
A practitioner who intends to provide judicare under this Act shall apply to the Director for registration in a prescribed manner and form.13. Remuneration of practitioner under judicare
The Board shall determine the remuneration payable to a registered practitioner for the purpose of providing judicare under this Act.14. Payment of costs to private practitioner for judicare
B. Legal assistants
15. Application for registration as legal assistant
A legal assistant who intends to provide legal aid under this Act shall apply to the Director for a certificate of registration in a prescribed manner and form.16. Qualifications of legal assistant
A legal assistant shall not be issued with a certificate of registration if that legal assistant does not hold a bachelor of laws degree or a relevant qualification determined by the Board and accredited and recognised by the Zambia Qualifications Authority.17. Scope of services of legal assistant
C. Paralegals
18. Application for registration as paralegal
A paralegal who intends to provide legal aid shall apply to the Director for a certificate of registration in a prescribed manner and form.19. Qualifications of paralegal
A paralegal shall not be registered by the Director if that paralegal does not hold qualifications determined by the Board and accredited and recognised by the Zambia Qualifications Authority, or certified by the Authority.20. Scope of practice of paralegals
D. Legal aid service providers
21. Application for registration as legal aid service provider
A civil society organisation or higher education institution that intends to provide legal aid shall apply to the Director for a certificate of registration in the prescribed manner and form.22. Qualifications of legal staff of legal aid service provider
A civil society organisation or higher education institution shall not be registered as a legal service provider unless the legal aid assistants or paralegals of that civil society organisation or higher education institution hold qualifications determined by the Board and accredited and recognised by the Zambia Qualifications Authority.23. Scope of practice
Sections 17 and 20 shall apply to the scope of practice of a legal assistant or paralegal of a legal aid service provider.Part IV – Registration of practitioners, legal assistants, paralegals and legal aid service providers
24. Prohibition of providing legal aid without registration
25. Grant or rejection of application
26. Change of particulars
A registered practitioner, legal assistant or paralegal under this Act shall notify the Director of any change in the particulars relating to the registration within seven days of that change.27. Suspension and cancellation of certificate of registration
28. Re-registration
Where a certificate of registration is cancelled under section 27, the holder of the certificate of registration may, subject to the terms and conditions that the Director may determine, apply for re-registration.29. Display of certificate of registration
A holder of a certificate of registration shall display the certificate of registration in a conspicuous place at the place of practice.30. Renewal of certificate of registration
31. Prohibition of transfer of certificate of registration
A certificate of registration issued under this Act shall not be transferred to a third party.32. Duplicate certificate of registration
33. Offences relating to registration
Part V – Provision of legal aid granted by Legal Aid Board
34. Application for legal aid
35. Grant of legal aid
36. Effect of legal aid certificate
Subject to this Act, a person in respect of whom a legal aid certificate has been granted shall be entitled to legal aid in the matter to which the legal aid certificate relates and to be provided either by a—37. Alternative dispute resolution
Where in any contemplated proceedings, the parties thereto apply for legal aid under this Act and the Director considers that the dispute is of a nature which could properly be the subject of alternative dispute resolution, the Director may, as a condition of the granting of legal aid, require the parties to submit the dispute to alternative dispute resolution subject to the consent of the parties.38. Appeal against refusal of Director to grant legal aid
39. Termination of legal aid
Part VI – Legal Aid Fund
40. Continuation of Fund
41. Applications of monies of Fund
The Board may apply the moneys of the Fund for—42. Administration of Fund and accounts
Part VII – Legal aid granted by court
A. Criminal cases
43. Application for legal aid in court
44. Legal aid granted at initiative of court
B. Civil cases
45. Legal aid in civil cases where State is party
46. Cases involving point of law of public importance
Where, in any proceedings before a court, any party to the case is unrepresented and the court considers that a point of law of public importance is likely to arise in the case, the court may grant legal aid to that party for the purposes of the proceedings in the prescribed form.47. Grant of legal aid in civil matter
48. Person may refuse or dispense with legal aid
49. Categories of civil cases for which legal aid may not be granted
The Minister may, in consultation with the Board and the Chief Justice, specify the categories of civil cases to which legal aid may not be granted under this Act.Part VIII – Contribution and costs of legal aid
50. Consultation fees for legal aid
51. Legal aid contribution
52. Ascertainment of means
53. Costs awarded to legally aided person
54. Deductions from awards to legally aided person
55. Costs
56. Register
Part IX – General provisions
57. Appeals
58. Information on right to legal aid by judges, magistrates, correctional and police officers, prosecutors or law enforcement officers
59. General offences
60. Administrator-General may be administrator ad litem in certain cases
61. Regulations
62. Repeal of Act No. 30 of 1967
The Legal Aid Act, 1967 is repealed.63. Act to bind Republic
This Act binds the Republic.64. Savings and transitional provisions
The Second Schedule applies to the savings transitional provisions.History of this document
09 November 2021
Commenced by
Legal Aid Act (Commencement) Order, 2021
24 March 2021 this version
23 March 2021
Assented to
Cited documents 0
Documents citing this one 1
Judgment 1
1. | Mayila Kandolowe v The People [2022] ZMCA 199 (23 August 2022) |