Notes of the legal system of zambia zambian watchdog. Learning about law and legal systems is endlessly fascinating and the material in this module provides a basis for your understanding of the other. This is simply a group of individuals elected for this. The court of appeal at the moment has ten 10 gazetted sessions. It still is a company state, based on copper rents. In the english common law system, court judges are bound in their decisions in large part by the rules and other doctrines developed and supplemented over time by the judges of earlier english courts. Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. But within this frame work there is a broad range of possible. Precedent is based upon the principle of stare decisis et non quieta movere, more commonly referred to as stare decisis, meaning to stand by decided matters. This research essay is centred on the doctrines of judicial precedent as well as stare decisis. By charles mwewa and munyonzwe hamalengwa the entire zambian legal system needs to be revamped. Judicial precedent is an agelong feature of municipal judicial systems of the common law including nigeria.
Law from the same university and has done research with various consultancy firms in swaziland before. An act or instance that may be used as an example in dealing with subsequent similar instances. First, even when a layperson uses the term precedent there is an implication that what. Samanyau and others v fleximail private limited hc 5710. Sometimes magistrates exercise jurisdiction in these courts and the presiding.
The judiciary of zambia is an independent arm of the government. Usually, a court is bound by equally standing courts or those of higher authority than itself in the hierarchy. The latin term stare decisis refers to the doctrine of precedent, which obliges judges to make certain court decisions according to previous rulings made by a higher court in the same type of case. In the english common law system, court judges are bound in their decisions in large part by the rules and other doctrines developed and.
In consultation with the prime minister, the president also appoints the director of public prosecution and the attorney. In september 2009, the supreme court replaced the house of lords by virtue of the constitutional reform act 2005. Judicial services commission zambian legal commission. Stare decisis definition, examples, cases, processes. Three models of judicial precedent have been identified and they comprise the natural model, the rule model and the result model.
Zambia airforce projects limited and 7 others caz083232019. The foundation of english common law is legal precedent referred to as stare decisis, meaning to stand by things decided. While the constitution applies to government action, statutes apply to and regulate individual or private action. Critical notes on the legal system of zambia pambazuka news.
Authoritative and persuasive a authoritative precedent is a judicial precedent which is binding upon the court. From elected members of the legislature, called the national assembly, the president also appoints a cabinet that consists of ministers, deputy ministers, and provincial deputy ministers. Zambia social science journal volume 2 number 1volume 2, number 1 may 2011 article 3 512011 judicial reform, constitutionalism and the rule of law in zambia. A statute is a written and published law that can be enacted in one of two ways. The supreme court has appellate jurisdiction for all legal and constitutional disputes. All agree that the legal principles of today are derived inductively from case precedents of the past. The supreme court is the constitutional court and the final court of appeal. Judicial precedent definition of judicial precedent by. Common law and equity, as found in english and american legal systems, rely strongly on the body of established precedents, although in the original development of equity the court theoretically had freedom. The objective of this paper is to analyse the importance of ratio decidendi in judges decisions in court. They contended that the provisions of article 65 of the constitution of zambia act chapter 1, volume 1 of the laws of zambia and the provisions of sections 22 and 104 of the electoral act, number.
The state court of alabama rules in a civil lawsuit that a photographer must refund the entire amount charged to a client for a photo shoot, if the client is unhappy with any of the photos. Judicial precedent synonyms, judicial precedent pronunciation, judicial precedent translation, english dictionary definition of judicial precedent. Discover about each with our detailed breakdown here. Under the constitution of zambia, justices and magistrates are independent of the government and subject only to the constitution and the law. The zambian judicial system comprises approximately 460 courts, arrayed, basically, in a hierarchy with four primary levels. A visitors guide 6 the structure of the courts uk supreme court appeal only, on points of law justices of the supreme court court of appeal appeal only, on points of law to either the criminal or civil divisions. Legal system and method introduction page 3 introduction to legal system and method this is a foundational module which provides you with some essential building blocks for the study of law. Most crucial judicial decisions, especially those that affect political liberties, still follow the colonial precedents. His feeling might well be shared by some of the justices of the early franklin roosevelt era. The supreme court and the high court are both presided over by the chief justice. A judicial precedent is authoritative and binding, meaning that once a decision has been made in court, future court cases must rely on this precedent when ruling.
The chief justice and other eight judges are appointed by the president. This research essay is centred on the doctrines of judicial precedent as well as stare decisis, which is a subject tackled in both legal process and jurisprudence. Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. This allows lawyers to advise their clients with some certainty as to. This ruling stands out as an unrivalled precedent from the zambian courts because it recognises that injunctions are an important tool for enforcing environmental law. During the presidents absence, his duties are assumed by the vice president. On the other hand, a persuasive precedent is one which is simply taken into consideration while deciding upon a decision and is not, in any way, binding upon the court to follow. Church like most other countries formerly tied to england, zambia is recognized as a common law jurisdiction. At the base, stand 415 local courts, presided over by 8 senior presiding justices, and 407 presiding justices, assisted by 428 ordinary justices.
Lord chief justice, heads of division and court of appeal judges high court. The petty sessions court requires a minimum of two justices to be properly constituted. Most statutes are written and voted into law by the legislative branch of government. Under clause 118 2 of the constitution, in exercising judicial authority, the courts shall be guided by the following principles. Binding precedent is precedent that a court must follow it is law.
Some fundamental concepts which forms a judicial precedent will also be examined in this paper work. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. While prior decisions often become precedent in the u. The trial judge was right when she said that there was an interplay between articles 912 and the judicial code of conduct on one hand and articles 982 3. The doctrine of judicial precedent 153 to possess a clear understanding of the intricacies of judicial precedent. Judicial reform, constitutionalism and the rule of law in. Greening the zambian judiciary with forest reserve 27 a.
The judicial code of conduct act states in the clearest of terms that it is to provide for the code of conduct for officers of the judicature pursuant to article 91 of the constitution. The relevance of ratio decidendi in judicial precedence. The purpose of stare decisis is to promote consistent, predictable rulings on cases of similar nature. The judiciary of zambia is the branch of the government of the republic of zambia which interprets and applies the laws of zambia to ensure impartial justice under law and to provide a mechanism for dispute resolution. Judicial precedent is a feature of common law legal systems, which develop laws through judicial practices rather than purely legislative processes or executive regulations.
The structure of the jamaican judicial system is based on five basic tiers. Administrative law is that branch of law that governs the scope and activities of government agencies. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided. The description is supported by the history o thfe country as well as by current statutory guidelines and judicial declarations. Government agencies are daily making important decisions that affect zambian citizens. Conduct of proceedings by a person other than a party. The case for judicial independence in zambia by godfrey miyanda. Zambian cases, legislation, and commentaries mulela margaret munalula unza press for the school of law, the university of zambia, 2004 justice, administration of 294 pages. They are considered to be the legal sources of law. What is the difference between persuasive and binding. All prior judicial decisions in a specific courts jurisdiction heard at that courts level or higher are considered to be.
Leave to appeal an appeal from a judgment of the court lies to the supreme court with leave of the court. Zambia qualifications authority means the zambia qualifications authority established under the zambia qualifications authority act, 2011. The mixed jurisdiction has become identified with legal systems such as those in south africa, louisiana, and quebec where civil law and the common law. Judicial precedent in the nigerian legal system and a case. Precedent, in law, a judgment or decision of a court that is cited in a subsequent dispute as an example or analogy to justify deciding a similar case or point of law in the same manner. Under the constitution of 1997, the supreme court is the highest court in zambia and serves as the final court of appeal. Still deeply rooted in its colonial origins, the system has stifled creativity and stunted the possible independent growth of the countrys legal institutions, law making, judicial decisions and legal scholarship. The hierarchy of courts is essential to the operation of judicial precedent. If the photographer appeals the matter to a higher court, the appeals court has no obligation to defer to the lower courts decision. Fairness in english and zambian administrative law. The constitution provides for independence of the judiciary.