Legal Aid (General) Regulations, 1967

Statutory Instrument 264 of 1967

Legal Aid (General) Regulations, 1967

This is the latest version of this Statutory Instrument.

Citation: Statutory Instrument 264 of 1967
Primary work: Legal Aid Act, 1967
Date: 14 July 1967
Language: English
Publication: Download PDF (4.6 MB)

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Zambia

Legal Aid Act, 1967

Legal Aid (General) Regulations, 1967

Statutory Instrument 264 of 1967

Published in Supplement to Government Gazette on 14 July 1967
Assented to on 7 July 1967
Commenced on 14 July 1967
[This is the version of this document from 14 July 1967 and includes any amendments published up to 31 December 1996.]

IN EXERCISE of the powers conferred upon the Minister by section twenty-five of the legal Aid Act, 1967, and transferred to the Vice-President by the office of the Vice-president (Transfer of Functions) Order, 1967, the following Regulations are hereby made:

1. Title

These Regulations may be cited as the Legal Aid (General) Regulations, 1967.

2. Interpretation

In these Regulations unless the context otherwise requires—"appropriate legal aid committee" means the legal aid committee of the district in which the applicant for legal aid resides or the legal aid committee of an adjoining district or any legal aid committee to which an application is reffered by the Director under the provisions of regulation 7;"Factories inspector" means any person appointed an inspector under the provisions of sections six of the Factories Act, 1965;"Labour officer" means any person appointed or deemed to have been appointed as a labour officer under the provisions of section four of the Employment Act, 1965, and includes the Principal Labour Officer, a senior labour officer, an Administrative Officer, a senior labour assistant and a labour assistant;"secretary" means the secretary of an appropriate legal aid committee;"social welfare officer" includes any senior social welfare officer, District Social Welfare Officer, Assistant Social Welfare Officer, or any person performing the duties of an Assistant Social Welfare Officer;"Workmen’s Compensation Commissioner" means the Workmen’s Compensation Commissioner appointed under the provisions of section twelve of the Work-men's Compensation Ordinance.

3. Practitioners’ remuneration

The remuneration to be paid to a practitioner under section six, subsection 2, of the Act shall be as set out in the First Schedule.

4. Legal aid committee

Every legal aid committee established under the Act shall consist of the District Secretary, who shall be secretary to the committee, and such other persons resident in the district, not exceeding six in number, as the Minister, may by notice in the Gazette, appoint.

5. Applications to legal aid committee

(1)An application for legal aid may be made to any member of an appropriate committee.

(2)Whenever application is made to a member of a legal aid committee under the provisions of subregulation (1) the member shall, where necessary, assist the applicant to complete the prescribed form and shall state whether he has good reason to believe that the statements concerning the applicant's means made therein are true.

(3)Every such application shall, where it is made to a member other than the secretary, be forwarded by the member to the secretary.

6. Duties of Secretary

(1)The Secretary shall forward every application made to him or received by him to the Director with a statement whether or not he recommends the application. If the secretary does not recommend the application he shall state his reasons for such refusal.

(2)The secretary may, if he thinks fit, for the purpose of making a recommendation under the provisions of sub-regulation (1) consult with any one or more members of the committee.

7. Application made other than through committee

(1)Nothing in these Regulations shall be deemed to prohibit any person and in particular any practitioner, from recommending to the Director any applicant or prospective applicant, who appears to such person to be in need of legal aid.

(2)Where a recommendation in terms of sub-regulation (1) or an application for legal aid is made, other than through a legal aid committee, the Director may, if he thinks fit, refer the recommendation or application to an appropriate legal aid committee for such advice or information as he deems necessary.

8. How application is to be made

(1)Every application for legal aid shall be in writing, and shall contain such information, and be accompanied by such documents as may be requisite to enable the appropriate legal aid committee—

(a)to assess the means of the applicant; and

(b)to make recommendation to the Director for the grant or refusal of legal aid.

(2)The information referred to in sub-regulation (1) shall be sufficiently detailed to enable the Director to determine—

(a)nature of the proceedings, claim or matter in relation to which legal aid is sought;

(b)the circumstances in which legal aid is sought;

(c)the question whether legal aid ought to be granted or not;

(d)the applicant’s means and the contribution to be made by him, if any.

(3)The Director or the secretary of an appropriate committee may require any applicant to attend an oral interview the purpose of—

(a)clarifying information already submitted; or

(b)providing further information.

(4)Where, in the opinion of the Director, compliance with the provisions of this regulation would cause difficulty, inconvenience or delay, the Director may accept an application presented in any form he deems sufficient in the circumstances.

9. Remuneration to members of legal aid committee

No member of a legal aid committee shall be entitled to be remunerated for his services as such member; but a member who is not a public officer and who would otherwise not be entitled to a refund of expenses incurred in the discharge of his functions under these Regulations shall be reimbursed such expenses.

10. Alteration of conditions under which legal aid was granted

(1)Where the Director terminates legal aid under section twenty-two of the Act, he may invite the party affected to make a fresh application on such altered conditions as the Director deems appropriate.

(2)Whenever the circumstances of any legally aided person have altered so that his means have, since the date on which he was granted legal aid, increased, he shall f inform the Director of such alteration in his circumstances.

11. Effect of termination of legal aid

(1)When legal aid is terminated the person granted legal aid shall, as from the date of the termination, cease to be entitled to any further assistance in the cause or matter in respect of which legal aid was granted.

(2)Where legal aid is terminated because the person granted legal aid has—

(a)wilfully failed to comply with any requirement as to the information to be given by him; or

(b)knowingly made a false statement or representation in giving any information; or

(c)wilfully failed to do anything reasonably required to be done by him under the provisions of the Act or these Regulations;

he shall not be entitled to recover any contribution or portion thereof paid by him; and, further, he shall remain liable to pay to the Director the balance of any contributions still outstanding.

(3)Where legal aid is terminated in the circumstances mentioned in sub-regulation (2) the retainer to any practitioner instructed on behalf of a person granted legal aid shall, except where the Director otherwise decides, cease and determine.

12. Ascertainment of means

In assessing the means of an applicant for legal aid—

(a)there shall be left out of account any income tax or personal tax paid or payable on income treated for the purpose of granting legal aid under the provisions of the Act or these Regulations as the income of the applicant;

(b)there shall be allowed—

(i)£200 in respect of the applicant's living expenses;

(ii)£50 in respect of any wife or child of his maintained by him;

(iii)£25 in respect of any other person maintained by him.

13. Contributions to legal aid

(1)Contributions to legal aid shall not exceed—

(a)in a civil cause or matter—

(i)the taxed costs in the proceedings to which the application relates, except that the Director may assess such contribution to approximate as nearly as possible to the costs that might be recovered on taxation; or

(ii)one-third of what remains of the income of the applicant after the deductions and allowances referred to in regulation 12 have been made;

whichever is the lesser amount;

(b)in any criminal cause or matter the fees prescribed under regulation 3 of these Regulations.

(2)Any contribution made in terms of paragraph (b) of sub-regulation (1) shall be paid into and shall form part of the general revenue of the Republic.

(3)When a contribution under section seventeen of the Act is to be made, that contribution shall be paid within thirty days from the date on which the order for contribution was made unless the Director specifies a longer period.

(4)Subject to the provisions of this regulation, contribution may be paid by such instalments as the Director may in each case determine.

14. Clients' account

(1)The Director shall maintain a clients' account at the Bank of Zambia, or such other bank as the Minister may specify.

(2)The following moneys shall be paid into the clients’ account:

(a)all contributions made in civil cases; and

(b)the proceeds of any judgment, order or compromise recovered on behalf of any person to whom legal aid is granted.

(3)There shall, on the instructions of the Director, be paid out of the clients' account—

(a)such cash disbursements as might be necessary for the prosecution of the proceedings to which the account relates;

(b)the proceeds of any judgment, order or compromise which are properly payable to the person granted legal aid;

(c)any portion of a person's contribution which is refunded to him.

(4)Any unexpended sum remaining to the credit of a client's account on the termination of legal aid shall be paid into and shall form part of the revenue of the Republic.

15. Applications on behalf of infants or other persons under disability

(1)Subject to the provisions of the Act and of these Regulations an application for legal aid in respect of an infant or other person under disability shall be made on his behalf by person of full age and capacity and where the application relates to proceedings which are required by rules of court to be brought or defended by a next friend or guardian ad litem, that person shall be the next friend or guardian ad litem, or, where the application relates to proceedings and they have not actually begun or to any claim, a person who, subject to any contrary ender of the Court, intends to act in either capacity when the proceedings begin or if the question of taking them were to arise.

(2)The person by whom the infant or person under disability applies for legal aid shall, for all purposes, be treated as an agent of the infant or person under disability and such person shall be deemed to have assumed all the obligations for which the infant or person under disability is liable under the Act and these Regulations:Provided that the Director may in his discretion waive any obligation.

16. Grant of legal aid

The Director may in granting legal aid in any civil cause or matter, limit the grant to advice only or to any one or more steps to assert or dispute a claim; and unless otherwise stated the grant shall not be deemed to extend to any appeal (other than an interlocutory appeal) arising out of the proceedings in respect of which legal aid was granted.

17. Reports and information to be furnished to the Director

(1)Whenever—

(a)any labour officer or factory inspector is acting in any matter in connexion with which an employee may have a right to civil redress under any law; or

(b)any social welfare officer is acting in any matter in connexion with which any person may have a right to civil redress or a right enforceable by summary proceedings in any court; or

(c)the Workmen's Compensation Commissioner is acting in any matter under and by virtue of the Workmen's Compensation Ordinance in connexion with which an employee or workman may have a right to civil redress independently of a claim under the Workmen's Compensation Ordinance;

such labour officer, factory inspector, social welfare officer or the Workmen's Compensation Commissioner, as the case may be, may make a report to the Director setting out the circumstances in which such right has arisen.

(2)Without prejudice to the generality of the foregoing the Workmen's Compensation Commissioner shall report to the Director under sub-regulation (1)—

(a)all claims involving death or permanent disability;

(b)all claims which are not remediable under the Workmen's Compensation Ordinance;

(c)any claim in which the owner or driver of a motor vehicle is involved.

18. Savings as regards matters not provided for

In any matter not provided for by these Regulations, the Director may adopt such course as appears best calculated to achieve or promote the objects of the Act.

19. Forms

The Forms in the Second Schedule to these Regulations shall be used wherever applicable with such variation as circumstances may require.

First Schedule (Regulation 3.)

A.Criminal trials in the High Court

		£	s.	d.
(1)	Brief fee: Fee payable upon delivery of brief	15	15	0
(2)	Court fee: Fee payable in respect of each hour or part of an hour for each case in respect of which the practitioner is actually engaged in court, total not to exceed £15 15s. 0d. per day. (Time spent on the formal taking of a plea shall be excluded and shall be deemed to be included in the brief fee.)	3	3	0
(3)	Waiting time:(a)Fee pavable in respect of each hour between 8 a.m. and 5 p.m. during which a practitioner is not actually engaged in court but is necessarily absent from the town or place in which he normally practises as a result of accepting a brief (not to exceed £12 12s. 0d. per day)(b)Where a practitioner is engaged in court for part of any day and receives a fee in respect thereof under item 2 of this Schedule, he may receive in addition thereto, a fee under paragraph (a) of this item in respect of the remaining part of such day:Provided that the total sum payable in respect of court fees and waiting time for any one day shall not execed £15 15s. 0d.	1	11	6
(4)	Travelling time: Fee payable (total not to exceed £3 3s. 0d. per day) in respect of each hour or part of an hour spent in travelling necessarily outside the hours mentioned in item 3 of this schedule	11	1	6

B.Criminal trials and summary proceedings in a subordinate court

		£	s.
(1)	Brief fee: Fee payable upon delivery of brief	10	10
(2)	Fee payable in respect of each hour or part of an hour for each ease in respect of which the practitioner is actually engaged in court, total not to execed £10 10s. 0d. per day. (Time spent on the formal taking of a plea shall be excluded and shall be deemed to be included in the brief fee)	2	2
(3)	Waiting time:(a)Fee payable in respect of each hour between 8 a.m. and 5 p.m. during which a practitioner is not actually engaged in court but is necessarily absent from the town or place in which he normally practises as a result of accepting a brief (not to exceed £8 8s. 0d. per day)(b)Where a practitioner is engaged in court for part of any day and receives a fee in respect thereof under item 2 of this Schedule, he may receive in addition thereto, a fee under paragraph (a) of this item in respect of the remaining part of such day:Provided that the total sum payable in respect of court fees and waiting time for any one day shall not execed £15 158. 0d.	1	1
(4)	Travelling time: Fee payable (total not to exceed £2 2s. 0d. per day) in respect of each hour or part of an hour spent in travelling necessarily outside the hours mentioned in item 3 of this Schedule	1	1

C.Appeals (criminal)A fee of not less than 7 guineas and not exceeding 30 guinens.

D.Other criminal matters or proceedingsFees not exceeding £10 10s. 0d. for any single matter.

E.Civil causes or matters (not including summary proceedings)80 per centum of the practitioner's costs (as between party and party) to which the practitioner is entitled on taxation of costs:Provided that where costs are not taxed, unless a practitioner costs so as to allow as neariv as possible what might have been payable requires a taxation in the ordinary way, the Director may tax such on such taxation.

F.Special feesIn addition to the fees payable under paragraphs A to D, a practitioner shall be allowed—

(a)expenses actually and reasonably incurred by him in travelling to and from the court in which the hearing takes place and to and from any place visited for the purpose of preparing or conducting the case; and

(b)any other out-of-pocket expenses actually and reasonably incurred.

(1)Criminal casesIf in any criminal case triable in the High Court the trial Judge certifies that having regard to the exceptional difficulty or complexity of the case or from any special circumstances the fees payable to practitioner under paragraphs A to D would not represent fair remuneration according to the work actually and reasonably done the Directotate may pay to such practitioner such additional fee as is certified by the trial Judge to be fair.

(2)Civil casesIf it appears to the Director in assessing the sums payable to practitioner under paragraph E that for any reason including the exceptional difficulty or complexity of the case in respect of which legal aid is granted the sums payable would not represent fair remuneration according to the work actually and reasonably done the Director may in his discretion allow such additional fee as would represent far remuneration:Provided that such additional remuneration shall not end 50 per centum of any contribution which the legally aided person required to make.