THE UNIVERSITY OF ZAMBIA
SCHOOL OF LAW
MEMBERS: CHOOBE, BENSON (11090600)
CHOOYE, PIMPA (10018310)
CHUNGU, SULA (10041958 )
DESAI, MILAN D. (10067914)
DIMINGO, MWENGE (10075160)
COURSE: L211- LEGAL PROCESS
LECTURER: MRS. A.C. CHANDA
TASK: QUESTION 4: DISCUSS THE POWERS OF THE SUPREME COURT IN CIVIL APPEALS STATING CLEARLY THE GUIDING PRINCIPLES.
DUE DATE: 8TH NOVEMBER 2011
We hereby declare that this paper represents our original work.
Article 92(1) of the Zambian constitution provides that “there shall be a Supreme Court of Zambia which shall be 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.” In light of this statement, the Constitution of Zambia establishes a final court of appeal for the Republic of Zambia, whilst providing for the various powers and jurisdiction as necessary. The basic composition of the Supreme Court is set out in Article 92(2), which provides that the Judges of the Supreme Court shall be the Chief Justice, the Deputy Chief Justice, and seven Supreme Court judges, or as such a number as prescribed by an Act of parliament.
It is also an additional requirement of the Constitution, via Article 93(2) that “The judges of the Supreme Court shall, subject to ratification by the National Assembly, be appointed by the President”. Article 92(4) then goes on to declare that “The Supreme Court shall be a Superior Court of record and except as provided by Parliament, shall have all the powers of such a court”. By stating this, the constitution reaffirms the...