Local Courts Rules, 1966

Statutory Instrument 293 of 1966

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Local Courts Rules, 1966

Citation

Statutory Instrument 293 of 1966

Primary work

Local Courts Act, 1966

Date

Language

English

Publication

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Local Courts Rules, 1966

Statutory Instrument 293 of 1966

Published in Supplement to Government Gazette on 26 August 1966
Assented to on 17 August 1966
Commenced on 26 August 1966
[This is the version of this document as it was from 14 April 1995 to 25 January 2001.]

[Amended by Local Courts (Amendment) Rules, 1995 (Statutory Instrument 46 of 1995) on 14 April 1995]

IN EXERCISE of the powers conferred on the Chief Justice by section sixty-seven (1) of the Local Courts Act, 1966, I hereby make the following Rules:

Part I – Preliminary

1. Title

These Rules may be cited as the Local Courts Rules, 1966.

2. Procedure

The practice and procedure of local courts shall be regulated in accordance with these Rules, and in default thereof, in substantial conformity with the law and practice for the time being observed in a Subordinate Court.

Part II – Grades of courts

3. Grades

There shall be two grades of local courts for purposes of jurisdiction entitled Grade A and Grade B and the court warrant of every local court shall specify to which of the said grades such court belongs.

4. Jurisdiction of grades

Local courts of either grade shall have the jurisdiction conferred on local courts by the Act, to the extent permitted to each respective grade by the following limitations, and by any limitations imposed under the Act:

(a)in the exercise of jurisdiction under sections eight and thirty-five of the Act—

(i)no local court of either grade shall determine any matrimonial or inheritance claim which is not based on African customary law; and

(ii)no local court of either grade shall determine any civil claim, other than a matrimonial or inheritance claim based upon African customary law, which is greater in value than the amount set out hereunder for the grade to which such court belongs:

Grade A	£100
Grade B	£50;

(b)in the exercise of jurisdiction under sections nine and thirty-nine of the Act—

(i)no local court of either grade shall impose a fine exceeding the amount set out hereunder for the grade to which such court belongs:

Grade A	£50
Grade B	£25;

(ii)no local court of either grade shall order infliction of a term of imprisonment or period of probation exceeding the period set out hereunder for the grade to which such court belongs:

Grade A	12 months
Grade B	6 months;

(iii)no local court of either grade shall order the infliction of corporal punishment in excess of the number of strokes with a cane set out hereunder for the grade to which such court belongs:

Grade A	12 strokes
Grade B	6 strokes;

and every such order shall be made in accordance with rules 14 to 15 of these Rules.

Part III – Records, returns and forms

5. Records and returns

Every local court shall cause a written record to be made of the proceedings of every case determined by it in the exercise of its civil and criminal jurisdiction, and shall cause a monthly return listing all cases determined by or brought before such court during that month to be forwarded to the Registrar of the High Court, or to an authorised officer, as may be directed by the Registrar of the High Court.

6. Forms

The forms and records appearing in the Second Schedule hereto, with such variations as the circumstances of each case may require, shall be used for the respective purposes therein mentioned, and when so used shall be sufficient for such purpose.

7. Custody of records and property

The clerk of every local court shall be responsible for the making and submission of such records and returns as may be required from such court under section fifty-two of the Act and rule 5 of these Rules, and for the safe keeping of all books, forms and other documents and records belonging to such court, and of all money and other property which may come into such court's possession, and for the production of the same for inspection at any time by the Adviser, an authorised officer or any other officer, including an official of the Audit Department of the Government of Zambia, who is permitted by an authorised officer to inspect the same, or for any other lawful purpose and shall observe all directions given by an authorised officer concerning such safekeeping and production.

Part IV – Fees and revenue

8. Fees

The fees payable in local courts shall be as specified in the First Schedule hereto, and shall be paid in cash. The fee for a summons or for a copy of a document shall be paid before the issue of such summons or the making of such copy as the case may be, a hearing fee or a fee on appeal upon the hearing of the ease concerned or the entering of such appeal, as the case may be, and the fee on execution upon the levying of such execution:Provided that a local court may in its discretion remit all or part of any fees payable when satisfied that the person liable for them is by reason of poverty unable to pay such fees or part thereof as the case may be, or that there is other good cause for such remission.

9. Liability for fees

The fee for any summons or on any appeal or for any copy of a document shall be paid by the party applying for such summons or copy or entering such appeal, as the case may be; a hearing fee shall be paid by such party to the case as the court may direct or, failing such direction, by the plaintiff, and the fee on execution by the party against whom such execution is levied:Provided that where a party who is successful in a case has paid any fees to a local court in respect of such case then, unless the court shall have ordered otherwise, the other party or such other party as the court may direct shall pay the amount of fees to the said successful party.

10. Receipts and repayments

(1)The clerk of every local court, or other officer thereof detailed for the purpose, shall issue or cause to be issued a receipt for every fee paid to such court, and for every fine paid and for every deposit accepted for release on bail and for every amount received as the result of forfeiture of a bail bond, and for every payment into such court of money for any other purpose damages.

(2)When any fee or fine is refunded, or any fine paid out on bail is refunded, or any payment into court of money for any other purpose is paid out or delivered to any person, the person of payment or delivery with a written acknowledgment of receiving the same shall provide the court making such refund having received the money concerned.

11. Disposal of court revenue

All fines and fees except such as are to be refunded or paid as compensation under these Rules or by order of court, order of forfeiture made shall, if lawfully received by a court, be paid into the general revenues of the Republic.

Part V – Committal to prison

12. Committal to prison

(1)Whenever a local court, pending or during or at the conclusion of any proceedings against any person before it, remands such person in custody and does not release him on bail, it shall—

(a)if he can be kept during the period of such remand in the precincts of the court or in a place of detention authorised under section sixty-six of the Act, remand him to be kept therein for the period of such remand or for three clear days, whichever period is the shorter; or

(b)if he cannot be so kept, issue a warrant of commitment on remand signed by a member of such court committing such person to prison for the period of such remand or for fifteen clear days, whichever period is the shorter:

and on the expiration of such period shall have him brought before it to proceed with the hearing of his case, or for further remand as herein before provided, which further remand shall be endorsed by a member of the court on any warrant that was issued for the original remand.

(2)A sentence of imprisonment imposed by a local court under the provisions of the Act, or any other written law shall not be carried into effect until the sentence has been confirmed by an authorised officer.

13. Confirmation of sentence of imprisonment

(1)Every person convicted and sentenced to a term of imprisonment without the option of a fine by a local court, shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer.

(2)Every person sentenced to imprisonment by a local court shall immediately be sent to an authorised officer together with the court's record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer shall certify on such warrant that he has confirmed the sentence of imprisonment ordered by it or has varied it to a period specified in such certificate, the said warrant, amended by him to conform to any variation so made, shall take effect and the date of commencement of the said imprisonment, as so confirmed or varied, shall be the date on which the said sentence of imprisonment was confirmed, or if it was ordered as an alternative to payment within a specified period of a fine or compensation, which payment has not been made, the date of expiration of such period.

(3)If the local court concerned shall not have produced a warrant of commitment in accordance with this rule, the said authorised officer, on being satisfied that such court has made order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.

Part VI – Corporal punishmemt

14. Confirmation of sentence of corporal punishment

(1)Every person convicted and sentenced to corporal punishment by a local court shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer, and administration of the corporal punishment.

(2)Every person sentenced to corporal punishment by a local court shall immediately be sent to an authorised officer together with the court's record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer stall certify on such warrant that he has, under section forty three (7)(b) of the Act, confirmed the sentence of corporal punishment ordered by it or has varied it to an amount specified on such certificate, the said warrant amended by him to conform to any variation so made shall take effect subject to the provisions of section forty-three (7) of the Act.

(3)If the local court shall not have produced a warrant of commitment in accordance with this rule the authorised officer, on being satisfied that such court has made an order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.

15. Place of administration of corporal punishments

No corporal punishment ordered by a local court shall be administered except in a lawfully established prison or in the presence of an authorised officer, and if possible in the presence of a medical officer, and no such punishment shall be administered in public.

16. Caring of physically unfit person

No corporal punishment ordered by a local court shall be administered unless, in the opinion of a medical officer, if one available, or of an authorised officer if no medical officer is available, the person to whom it is to be administered is physically fit to undergo it; and no such punishment shall be continued if, in the opinion of such officer, such person is not physically fit to undergo the remainder thereof.

17. Administration of corporal punishment

(1)Corporal punishment shall be administered with a rattan cane which shall be—

(a)for the caning of a male juvenile under the apparent age of nineteen years, of length three feet and diameter not more than three-eighths of an inch.

(b)for the caning of a male juvenile adult between apparent ages of nineteen and twenty-one years, of length four feet and diameter not more than half an inch.

(2)Corporal punishment shall be administered on the buttocks of the person sentenced thereto, from the side, and during such administration a blanket folded at least three times, or equivalent form of protection, shall be placed and kept across the small of the back immediately next to the buttocks of such person and a piece of thin cotton cloth soaked in water and wrung out shall be kept spread over the buttocks of such person.

(3)No sentence of corporal punishment shall be administered by instalments, and if more such sentences than one have been imposed on one day by the same local court on the same person, they shall be administered as if they together constituted one sentence, to be caned once only, with the total number of strokes specified in such sentences up to but not exceeding the limit for any one such sentence mentioned in section forty-three (6) of the Act.

18. Substitution of other penalty for physically unfit person

When any corporal punishment ordered by a local court, as duly confirmed or varied under rule 14 of these Rules, fails to be administered by reason of the operation of rule 16 of these Rules, the authorised officer who confirmed or varied the order for such punishment, on being duly informed of such non-administration and acting in exercise of his powers under section fifty-four of the Act, may substitute such other penalty as he considers appropriate.

Part VII – Service of process

19. Preparation and service of summons

Every summons issued by a local court under the provision of section seventeen of the Act shall—

(a)be in writing, in duplicate, and signed by the registrar or clerk of such court or by a member thereof; and

(b)be directed to the person summoned, requiring him to appear, at a time and place to be therein specified, before such court; and

(c)state shortly the offence charged, the cause of action or any other reason for which such person is summoned; and

(d)be served by an officer of a local court by which it is issued or to which it is sent under the provisions of rule 21 as the case may be, or by a police officer or other public officer, or by any other person specially appointed thereto by the court issuing the same; and

(e)be served personally on the person summoned by delivery or tender to him of the summons or its duplicate:

Provided that where personal service of such summons is not practicable, it may be served in such manner as may be prescribed under the provisions of rule 20 of these Rules.

20. Service by other methods

Where it appears to a member of a local court (either after or without an attempt at personal service) that, for any reason, personal service cannot conveniently be effected, he may order that service be effected, either—

(a)by delivery of the document to some adult person at the usual or last known place of abode or place of business or village of the person to be served; or

(b)by placing the document in an envelope and addressing and posting the same by prepaid registered post to the person to be served at his last known address.

21. Execution of process

In this rule, unless the context otherwise requires—"issuing court" means the local court by which any process is issued;"process" means any summons, warrant or other process issued by a local court;"receiving court" means the local court to which any process is sent in accordance with the provisions of this rule;(a)any process issued by a local court may be served or executed at any place within the area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situate;(b)where any process is to be served or executed outside the area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situate, such court shall send the process to such authorised officer, and upon receipt thereof the authorised officer shall, if satisfied that the process was lawfully issued, endorse the same and send it to the local court whose jurisdiction includes the place where the process is to be served or executed, and the receiving court shall endorse such process and shall cause it to be served or executed as if it had been issued by the receiving court.

22. Affidavits of service

An affidavit that a summons, warrant or other process has been served or executed under the provisions of these Rules, or an endorsement that such summons, warrant or other process has not or cannot be so served or executed, or a certificate of posting by registered post shall be made or produced by the person by whom such service or execution was effected or attempted:Provided that no such affidavit shall be required when the process gives evidence to that effect in the court concerned.

23. Date of hearing

On fixing the date for hearing any case, the registrar or clerk of the local court, shall take account of the necessity for service of process to be effected on the defendant or on any witnesses to be summoned not less than fourteen clear days before the date of hearing: and every summons to a defendant or witness shall be served not less than fourteen clear days before the date of hearing.

Part VIII – Appeals

24. Notifying rights of appeal

At the conclusion of every case in a local court the court shall inform the parties of their rights of appeal.

25. Notice of appeal

Any interested party who is aggrieved by any judgment, order or decision of a local court given or made in the case in which he was concerned, and which has not been revised, and who desires to appeal, shall give notice of appeal in the prescribed form to the clerk of the local court who shall transmit to the appellate court such notice of appeal together with the record of the case and the judgment or order therein.

26. Convicted person in prison

If a convicted person in prison, desires to appeal, he shall inform the officer in charge of the prison, who shall thereupon take immediate steps to transmit notice of the appeal to the clerk of the local court by which he was convicted.

27. Procedure on appeal

Every appellant shall be entitled if he so desires to be present at the hearing of his appeal and to be heard either personally or by a legal practitioner. If he does not desire to be present or to be heard either personally or by a legal practitioner then the appellate court shall decide the appeal without hearing argument, unless it sees fit to direct otherwise, on the documents forwarded to it in accordance with the provisions of rule 25 of these Rules.

Part IX – Miscellaneous provisions

28. Arrests without warrant

In the event of the arrest without warrant of any person by an officer of a local court, such officer shall notify the person being arrested of the reason for his arrest and, unless he shall sooner release such person, shall, without unnecessary delay, bring the person arrested before a local court, or a subordinate court, having jurisdiction over the place where the arrest was effected, to be further dealt with according to law.

29. Enhancing or varying decisions in criminal

In any case in which an authorised officer proposes in exercise of his powers under section fifty-four of the Act to revise any judgment in a criminal case heard in a local court by enhancing, quashing or otherwise varying such judgment to the prejudice of the accused, an opportunity must be given to the accused of being heard.

30. Allowances and expenses payable to witnesses and assessors

The allowances and expenses which may be paid to witnesses and assessors in cases heard in local courts shall be the same as those paid in a Subordinate Court.

31. Cases transferred

When any case is transferred from the High Court or a subordinate court to a local court for trial or retrial, the procedure described in section fifty-nine of the Act shall, mutatis mutandis, be followed.

First Schedule (Rule 8.)

Fees payable in local courts

[First Schedule substituted by rule 2 of Statutory Instrument 46 of 1995]

1.	For the issue of a summons to a defendant in a civil case, on application by a party thereto	K200
2.	For the issue of a summons to a witness in a civil case on application by a party thereto	K200
3.	As hearing fee in respect of a civil case	Not less than K1,000 and not more than K1,500 as the court may direct
4.	On execution of a warrant of distress	K15,000 or such less sum as the court may direct
5.	On entering appeal to a Subordinate court	K1,500
6.	For each copy of any records of a case supplied for other than official use	K300 per page or part thereof
7.	For the issue of a marriage certificate to parties to a customary law marriage	K200 per page or part thereof
8.	For the issue of a divorce certificate to parties to a customary law marriage upon dissolution of their marriage	K200