Judgment Reviews Law at Zambia
In Zambia, the review of judgments is a fundamental aspect of the legal system, ensuring fairness, correcting errors, and upholding the rule of law. The law provides for several avenues to challenge a court's decision, each with distinct procedures and grounds.
Judicial Review
Judicial review is a specific legal process where a court assesses the legality of decisions made by public bodies, such as government agencies or statutory tribunals. It is a remedy used to challenge the process by which a decision was made, rather than the merits of the decision itself. The grounds for judicial review typically fall under three main categories, as established in common law and applied in Zambia:
Illegality: The public body acted outside its statutory powers or failed to follow the law.
Irrationality (or "Wednesbury unreasonableness"): The decision was so unreasonable that no sensible public officer could have made it.
Procedural Impropriety: The public body failed to follow the rules of natural justice, such as not giving a person a fair hearing or showing bias.
An application for judicial review is typically made to the High Court and is governed by specific procedural rules, often referencing the English "White Book" (Rules of the Supreme Court) with adaptations for the Zambian context. The court's role in judicial review is not to substitute its own decision but to ensure the public body acted legally and fairly.
Appeals
Appeals are the most common way to challenge a judgment on its merits. This is the process where a party who is dissatisfied with a court's decision (on points of law or fact) seeks to have a higher court review it. The laws governing appeals are found in various statutes, depending on the court and the nature of the case.
High Court Act: This law governs the procedures for appealing a decision from a lower court, such as a subordinate court, to the High Court.
Court of Appeal Act: This act establishes the Court of Appeal and outlines the grounds and procedures for appeals from the High Court to the Court of Appeal.
Supreme Court Act: This law governs appeals from the Court of Appeal to the Supreme Court, which is the final court of appeal in Zambia.
Appeals focus on whether the trial court made an error in its judgment, either by misinterpreting the law, misapplying the facts, or coming to a conclusion that was unsafe or unsatisfactory.
Review by the Same Court
In some limited circumstances, a party can apply for a review of a judgment by the same court that issued it. This is typically governed by the High Court Rules and is a discretionary power of the court. The grounds for such a review are strict and include:
Discovery of new material evidence: The party must show that they have discovered fresh evidence that could not have been found with reasonable diligence before the judgment was delivered and that this evidence would have had a material effect on the decision.
Sufficient reason: The court may review a judgment for "sufficient reason," which is a broad and discretionary ground.
Applications for review must be made within a limited time frame, typically 14 days from the date of the judgment, although the court may grant special leave for late applications. This power of review is not a substitute for an appeal and is used in exceptional cases where an error is apparent on the face of the record or new evidence comes to light.
In summary, the laws governing judgment reviews in Zambia are multifaceted, with different remedies available for different situations. Judicial review is for challenging the legality of administrative decisions, appeals are for challenging the merits of a court's judgment, and a review by the same court is a narrow, discretionary remedy for exceptional circumstances.
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