THE COMMERCIAL COURT

The Commercial Court Division is one of the Divisions of the High Court of Zambia. It is established pursuant to Article 133(2) of the Constitution of Zambia, as amended by Act No. 2 of 2016. The Division is specialized at resolving cases arising from commerce, trade, industry and any transactions of a business nature. It is a fast-track Court for the business community.

The processes and procedures of the Division are provided for in the High Court Act, Chapter 27 of the Laws of Zambia. Due to its fast-track nature, the Rules of the Commercial Court are stringent so that matters coming to the Court are disposed of quickly. These special Rules of the Court are found under Order LIII of the High Court Rules, Chapter 27 of the Laws of Zambia. The Rules have strict time frames within which certain actions and steps should be taken. Order LIII has sanctions which are meant to make the parties move with all the speed required to dispose of the cases as quickly as possible.

The Court began its operations as a List of the High Court at Lusaka in 2000 and its Judges started circuiting Kitwe in 2015. In January, 2017, a resident Judge was permanently deployed at Kitwe. Therefore, since its establishment as a Division of the High Court, the Commercial Court has been operating at Lusaka and Kitwe and anyone wishing to commence aa commercial action in Zambia can file at any of the two Registries.

The Chief Justice designates a Judge-in-charge and other Judges of the Court. For its day-to-day affairs, the Court is administered by the Registrar who superintends over the support staff. Being a business Court, Order LIII Rule 11 allows a Judge of the Court to determine if the cause of action is suitable for inclusion or exclusion in the Commercial Court.

Amongst the pertinent and peculiar procedures in the Commercial Court are that each statement of claim or counter-claim must state in clear terms the material facts upon which a party relies and must show a clear cause of action, failing which the statement of claim or counter-claim may be struck out, set aside or the action may be dismissed. The defence should equally not be a bare denial or a general statement of non-admission but must specifically traverse every allegations of fact otherwise it will be deemed to be an admission. The process in the Court is also fully judge-driven as judges of the Court conducts scheduling and status (compliance) conferences and whatever directions the judge issues must be adhered to strictly. Judges also hear all interlocutory applications in this Court.

Further, in order fast-track the proceedings, filed witness statements are treated as evidence-in-chief of the witness as they contain all the facts relevant to the party’s case thereby serving time. The Rules are very strict on adjournments as they provide that a Judge shall not grant an application for an adjournment except in compelling and exceptional circumstances. In the Commercial Court, failure to attend a hearing without justifiable cause results in the party so absent to be condemned in hearing fees and costs and this may also result in dismissal of an action. A party to an action may also apply to a Judge to dismiss an action if sixty days elapse without progress being made on the case after the action is filed.

Further, it is a requirement that every interlocutory application in the Court be supported by a list of authorities and skeleton (brief) arguments, stating the facts and law and copies of authorities relied upon must be supplied wherever possible. This is all in order to expedite the hearing and the decision making.

The Commercial Court also encourages mediation and arbitration. In order not to delay the mediation process, the Rules require that thirty days from the date of reference of the case to mediation, the case be referred back to the trial Judge who shall summon the parties within fourteen days and issue directions on the schedule of events in the matter.

In order to improve the operations of the Commercial Court, there is established under the rules a Commercial Users Committee which is a forum for the exchange of ideas or views for making recommendations for improvement of the Court. At this forum, amongst other things discussed are trending issues in commercial transactions and the Committee invites different experts to come and present papers. At the same meetings, case disposal rates are discussed and stakeholders also bring forward the concerns from their various industries and even from the members of the public. Representation on this Committee is drawn from all the Judges of the Commercial Court; two representatives of the Law Association of Zambia; one representative of the Zambia Association of Chambers of Commerce and Industry; one representative of the Bankers Association of Zambia; the Chief Administrator of the Judiciary, members of the public appointed by the Chief Justice and the Court Registrar who is Secretary of the Committee. This forum ensures that there is continuous interaction with the stakeholders and regular updates on the activities of the Commercial Court Division.