Civil Laws at Zambia

11 Apr 2025 --
0 Comments

⚖️ Overview: Civil Law in Zambia

Zambia follows a mixed legal system that combines:

English common law (from its colonial history),

Statutory law (laws passed by Parliament),

Customary law (traditional African norms and practices),

And some influence from international law through treaties.

The Zambian Constitution is the supreme law of the land, and civil law matters are largely governed by statutes (such as the Lands Act, Marriage Act, Contract Act, etc.), supported by court precedents and, where relevant, customary law.

🔑 Key Areas of Civil Law in Zambia

1. Contract Law

Regulated by: Common law principles and Contract Act, Cap 23.

Contracts in Zambia are based on the principles of offer, acceptance, consideration, intention to create legal relations, and capacity.

Contracts can be written or oral, though written ones are preferred for legal certainty.

Remedies for breach include damages, specific performance, and rescission.

2. Property Law

Regulated by: Lands Act, Cap 184, and related statutes.

All land in Zambia is vested in the President and held on behalf of the people.

Citizens may obtain land under leasehold tenure (up to 99 years); customary land can be allocated by traditional chiefs.

Foreigners cannot own land outright but can lease land through investment licenses or partnerships.

Registration of title is required under the Lands and Deeds Registry Act.

3. Family Law

Regulated by: A mix of statutes and customary law:

Marriage Act (Cap 50) – for civil/statutory marriages.

Matrimonial Causes Act – governs divorce and related matters.

Intestate Succession Act – governs inheritance when someone dies without a will.

Customary Law – applies to customary marriages and inheritance in traditional communities.

Key Family Law Concepts:

Marriage Types:

Statutory (civil) marriages: Monogamous, court-registered.

Customary marriages: Can be polygamous, recognized if valid under the community’s customs.

Divorce:

Granted through court under the Matrimonial Causes Act.

Grounds include adultery, cruelty, and irretrievable breakdown.

Child custody: Based on the best interest of the child.

Adoption: Governed by the Juveniles Act.

4. Inheritance Law (Succession)

Regulated by:

Intestate Succession Act (Cap 59) for people who die without a will.

Wills and Administration of Testate Estates Act (Cap 60) for those who die with a will.

Customary succession rules for those under customary law.

Intestate Succession (no will):

The estate is distributed in fixed proportions:

Surviving spouse(s), children, parents, and dependents.

Spouses receive 20%, children 50%, parents 20%, dependents 10%.

5. Tort Law (Delict)

Regulated by: Common law and some statutory modifications.

Covers civil wrongs like negligence, defamation, trespass, nuisance, and personal injury.

The person who suffers harm can claim compensation/damages through civil court proceedings.

6. Civil Procedure

Regulated by: High Court Rules, Subordinate Court Rules, and statutes like the Courts Act.

Civil cases are filed in the Subordinate Court or the High Court, depending on the value of the claim.

Appeals go to the Court of Appeal, and final appeals to the Supreme Court.

🏛️ Court Structure in Civil Matters

Court	Jurisdiction
Local/Traditional Courts	Minor civil disputes under customary law.
Subordinate Courts	Low- to mid-value civil claims.
High Court	Unlimited jurisdiction in civil matters.
Court of Appeal	Hears appeals from lower courts.
Supreme Court	Final court of appeal.