Composition of The Courts

Subordinate Courts are presided over by Magistrates who are appointed by the Judicial Service Commission acting in the name and on behalf of the Republican President. Out of 117 districts, there are 64 Subordinate Courts operating in Zambia. The hierarchy of Magistrates in Zambia is as follows:

• Chief Resident Magistrate;
• Principal Resident Magistrate;
• Senior Resident Magistrate;
• Resident Magistrate;
• Magistrate Class I;
• Magistrate Class II; and
• Magistrates class III.

Functions of the Subordinate Courts

The functions are as provided for under section 17, 19, 20, 21 and 22 of the Subordinate Courts Act, Chapter 28 of the Laws of Zambia and include the following;

• To hear and determine civil suits and criminal cases;
• To administer oaths and affirmations;
• To visit prisons as justices of peace;
• To make such orders and decrees as may be required by law; and;
• To hear appeals from the Local Courts.

Jurisdiction of Magistrates in Civil Matters

The Subordinate Courts (Amendment) Act, No. 4, of 2018, provides for civil jurisdiction of Magistrates as follows:

• Chief Resident Magistrate the maximum of K100, 000.00;
• Principal Resident Magistrate the maximum of K90, 000.00;
• Senior Resident Magistrate the maximum of K70, 000.00;
• Resident Magistrate the maximum of K50, 000.00;
• Magistrate Class I the maximum of K30, 000.00;
• Magistrate Class II the maximum of K25, 000.00; and
• Magistrate Class III the maximum of K20, 000.00.

Jurisdiction of Magistrates in Criminal Matters

Section 7 of the Criminal Procedure Code Chapter 88 of the laws of Zambia provides for the powers of subordinate courts as follows:

• Chief Resident Magistrate maximum of 9 years;
• · Principal Resident Magistrate maximum of 9 years; ·
• Senior Resident Magistrate maximum of 9 years; ·
• Resident Magistrate maximum of 7 years; ·
• Magistrate Class I maximum of 5 years; ·
• Magistrate Class II maximum of 3 years; and ·
• Magistrate Class III maximum of 3 years