The Court of Appeal is established under Article 130 of the Constitution of Zambia (Amendment) Act No. 2 of 2016 (“The Constitution”). It is now the second highest Superior Court of Record after the Supreme Court and the Constitutional Court of Zambia.
Under Article 130 of the Constitution as read with the Superior Courts (Number of Judges) Act No. 9 of 2016, the Court of Appeal is composed of the Judge President, the Deputy Judge President and seventeen Court of Appeal Judges. During the year under review, the composition was as follows: The Judge President and Deputy Judge President plus ten (10) other judges.
In accordance with the Constitution as read with the Court of Appeal Act No. 7 of 2016, the Court of Appeal has jurisdiction to hear appeals from the High Court, quasi-judicial bodies, except a local government elections and other courts, except for matters under the exclusive jurisdiction of the Constitutional Court
Sessions and Circuiting
The Court of Appeal at the moment has ten (10) gazetted sessions; five (05) Lusaka, three (03) Ndola and two (02) Kabwe to hear and determine Criminal and Civil appeals.
Leave to appeal
An appeal from a judgment of the Court lies to the Supreme Court with leave of the Court. An application for leave to appeal, under subsection (1) is made within fourteen days of the judgment. The Court may grant leave to appeal where it considers that
- the appeal raises a point of law of public importance;
- it is desirable and in the public interest that an appeal by the person convicted should be determined by the Supreme Court;
- the appeal would have a reasonable prospect of success; or
- there is some other compelling reason for the appeal to be heard. Leave to appeal does not operate as a stay of execution of a judgment.
– Court of Appeal Judges