party has the right to appeal against the decision of a Subordinate court
to the High Court.
65.
The institution of Local Courts is provided for under Article 91 of the
Constitution.
Local Courts are established under the Local Courts Act,
Chapter 29 of the Laws of Zambia. These courts are at the base of the
hierarchical judicial system. There are about 454 local courts in Zambia.
The Judicial Service Commission appoints the local court justices. Local
courts are divided into grades A and B and their jurisdiction is limited
according to the grade which the court warrant assigns to them. A Local
Court may only hear matrimonial or inheritance cases based on customary
law where that law applies. Local courts are primarily authorized to apply
and enforce customary law.
The Local Courts criminal jurisdiction is
limited to cases such as simple thefts and common assaults. Whenever a
Local Court is seized with the conduct of a civil or criminal matter in which
a party wishes to be represented by a lawyer, that matter is immediately
transferred to the Subordinate courts for trial because lawyers have no
right of audience in the Local Courts.
66.
The independence of the Judiciary and its autonomy from the legislative
stated earlier, the President appoints Supreme Court judges.
Puisne
Judges are appointed by the President acting on the advice of the Judicial
Service Commission and are subject to ratification by the National
Assembly. This requirement for ratification strengthens the independence
of the Judiciary in that it safeguards against the appointing authority
exercising undue influence on the Judiciary and its work. Judges of the
Supreme Court and High Court enjoy security of tenure, which enables
them to perform their functions without fear or favour. A Judge can only
be removed from office on grounds of inability to perform the functions of
office whether arising from infirmity of body or mind, incompetence or
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