Zambia

Zambia has a dual legal system made up of civil law and common law, although the majority of court decisions are based on the latter. The Constitution of Zambia was promulgated in 1991. Its article 1 establishes the supremacy of the Constitution above any other written law, customary law and customary practice. The President is the head of the State and commander in chief of armed forces. The Parliament of Zambia, the legislative authority of the country, consists of the President and the National Assembly. The judicial power, formally independent, consists of the Supreme Court, the High Court, subordinate magistrate’s courts, and local courts. Article 127 of this Constitution provides for a Constitutional Court, comprised 13 members. This Court has jurisdiction over constitutional interpretation and constitutionality of legislations, among other things (article 128). This article establishes the following: “1. Subject to Article 28, the Constitutional Court has original and final jurisdiction to hear—a. a matter relating to the interpretation of this Constitution; b. a matter relating to a violation or contravention of this Constitution; c. a matter relating to the President, Vice-President or an election of a President; d. appeals relating to election of Members of Parliament and councillors; and e. whether or not a matter falls within the jurisdiction of the Constitutional Court. 2. Subject to Article 28 (2), where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Court. 3. Subject to Article 28, a person who alleges that— a. an Act of Parliament or statutory instrument; b. an action, measure or decision taken under law; or c. an act, omission, measure or decision by a person or an authority; contravenes this Constitution, may petition the Constitutional Court for redress. 4. A decision of the Constitutional Court is not appealable to the Supreme Court” (article 128).