Constitution Parts 1. 2. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14.

PART VI: THE JUDICATURE

91. (1) The Judicature of the Republic shall consist of:
(a) the Supreme Court of Zambia;
(b) the High Court for Zambia;
(c) the Industrial Relations Court;
(d) the Subordinate Courts;
(e) the Local Courts; and
(f) such lower Courts as may be prescribed by an Act of Parliament.
(2) The Judges, members, magistrates and justices, as the case may be. of the courts mentioned in clause (1) shall be independent, impartial and subject only to this Constitution and the law and shall conduct themselves in accordance with a code of conduct promulated by Parliament.
(3) The Judicature shall be autonomous and shall be administered in accordance with the provisions of an Act of Parliament.

92..(1) There shall be a Supreme Court of Zambia which shall the final court of appeal for the Republic and shall have such jurisdiction and powers as may be conferred on it by this
Constitution or any other law.
(2) The judges of the Supreme Court shall be-
(a) the Chief Justice;
(b) the Deputy Chief Justice;
(c) seven Supreme Court judges or such greater number as may
be prescribed by an Act of Parliament.
(3) The office of Chief Justice, Deputy Chief Justice or of
Supreme Court Judge shall not be abolished while there is a
substantive holder thereof.
(4) The Supreme Court shall be a superior court of record, and, except as otherwise provided by Parliament, shall have all the
powers of such a court.
(5) When the Supreme Court is determining any matter, other than an interlocutory matter, it shall be composed of an uneven
number of judges not being less than three except as provided for under Article 41.
(6) The Chief Justice may make rules with respect to the practice
and procedure of the Supreme court in relation to jurisdiction and
powers of the Supreme Court.

93. (I) The Chief Justice and the Deputy Chief Justice shall, subject to ratification by the National Assembly, be appointed by President.
(2) The judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President.
(3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office, or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions.
(4) Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or the Deputy Chief Justice is on leave or is for any other reason unable to perform the functions of his office, the President may appoint another judge of Supreme Court to Act as Deputy Chief Justice.
(5) If the office of a Supreme Court judge is vacant, or if any Supreme Court judge is appointed to Act as Chief Justice or Deputy Chief Justice, or if any Supreme Court judge is on leave or is for any reason unable to perform the functions of that office the President may appoint a person qualified for appointment as a judge of the Supreme Court to Act as a Supreme Court judge.
(6) A person may Act as Chief Justice, Deputy Chief Justice or Supreme Court judge notwithstanding that he has attained the age prescribed by Article 98.
(7) A puisne judge appointed to Act as Deputy Chief Justice or Supreme Court judge as the case may be, pursuant to clause (4) or (5). shall continue to be a judge of the High Court and may continue to perfOm1 the functions of the office of puisne judge.

 94. (1) There shall be a High Court for the Republic which shall have, except as to the proceedings in which the Industrial Relations Court has exclusive jurisdiction under the Industrial and Labour Act No.27 Relations Act. unlimited or original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law.
(2) The High Court shall be divided into such divisions as may be determined by an Act of Parliament.
(3) The Chief Justice shall be an ex-officio judge of the High Court.
(4) The other judges of me High Court shall be such number of
puisne judges as may be prescribed by Parliament.
(5) The office of a puisne judge shall not be abolished while there is a substantive holder thereof.
(6) The High Court shall be a superior court of record and, except as otherwise provided by Parliament, shall have the powers of such a court.
(7) The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court- martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
(8) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and power on it by clause (7).

Act No. 27 of 1993

95. (1) The puisne judges shall, subject to ratification by the National Assembly, be appointed by the President on the advice of the Judicial Service Commission.
(2) The Chairman and the Deputy Chairman of the Industrial Relations Court shall be appointed by the President on the advice of the Judicial Service Commission.
(3) The provisions of Articles 98 and 99 shall apply to the Chairman and the Deputy Chairman of the Industrial Relations Court, with the necessary modifications.

96. Any person appointed under Article 93 to Act as a judge of the Supreme Court shall continue to Act. for the period of that person's appointment or, if no such period is specified, until such appointment is revoked by the President.
Provided that the President may permit a person whose appointment to Act as a judge of the Supreme Court has expired or been revoked to continue to Act for such period as may be necessary to enable that person to deliver judgment or to do any other thing in relation to proceedings that were commenced before such person.

97. (1) Subject to clause (2), a person shall not be qualified for
appointment as a judge of the Supreme Court, a puisne judge or Chairman or Deputy Chairman of the Industrial Relations Court unless
(a) he holds or has held high judicial office; or
(b) he holds one of the specified qualifications and has held one or other of the following qualifications-
(i) in the case of a Supreme Court Judge, for a total period of not less than fifteen years; or
(ii) in the case of a puisne judge, the Chairman and
Deputy Chairman of the Industrial Relations Court, for a total period of not less than ten years.

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