The Subordinate Courts are established under Article 120 of the Constitution of the Republic of Zambia, Act No. 2 of 2016. The operations and functions of Subordinate Courts are regulated under the Subordinate Courts Act, Chapter 28 of the Laws of Zambia which provides for the constitution, jurisdiction and procedures as well as appeals to the High Court and other matters incidental or connected thereto. Subordinate Courts are controlled and supervised by the High Court through reviews and appeals.
Composition of The Courts
Subordinate Courts are presided over by Magistrates who are appointed by the Judicial Service Commission acting in the name and on behalf of the Republican President. Out of 117 districts, there are 64 Subordinate Courts operating in Zambia. The hierarchy of Magistrates in Zambia is as follows:
- Chief Resident Magistrate;
- Principal Resident Magistrate;
- Senior Resident Magistrate;
- Resident Magistrate;
- Magistrate Class I;
- Magistrate Class II; and
- Magistrates class III.
Functions of the Subordinate Courts
The functions are as provided for under section 17, 19, 20, 21 and 22 of the Subordinate Courts Act, Chapter 28 of the Laws of Zambia and include the following;
- To hear and determine civil suits and criminal cases;
- To administer oaths and affirmations;
- To visit prisons as justices of peace;
- To make such orders and decrees as may be required by law; and;
- To hear appeals from the Local Courts.
Jurisdiction of Magistrates in Civil Matters
The Subordinate Courts (Amendment) Act, No. 4, of 2018, provides for civil jurisdiction of Magistrates as follows:
- Chief Resident Magistrate the maximum of K1, 000, 000.00;
- Principal Resident Magistrate the maximum of K900, 000.00;
- Senior Resident Magistrate the maximum of K500, 000.00;
- Resident Magistrate the maximum of K300, 000.00;
- Magistrate Class I the maximum of K150, 000.00;
- Magistrate Class II the maximum of K100, 000.00; and
- Magistrate Class III the maximum of K75, 000.00.
Jurisdiction of Magistrates in Criminal Matters
Section 7 of the Criminal Procedure Code Chapter 88 of the laws of Zambia provides for the powers of subordinate courts as follows:
- Chief Resident Magistrate maximum of 9 years;
- Principal Resident Magistrate maximum of 9 years; ·
- Senior Resident Magistrate maximum of 9 years; ·
- Resident Magistrate maximum of 7 years; ·
- Magistrate Class I maximum of 5 years; ·
- Magistrate Class II maximum of 3 years; and ·
- Magistrate Class III maximum of 3 years
Related Posts:
– Subordinate Court Magistrates