Attributes of a Good Legal System in Zambia

The procedure for informing a party that it has been pursued is to serve the legal proceedings on that party. In practice, service means that the disputing party must draw the other party`s attention to the legal proceedings. There are three ways to perform the service. namely personalized service, replacement service and mail service. This chapter challenges the widely held view that the territorial State is fundamentally inadequate and incompatible with the manifestations of twenty-first century globalization in the form of increasingly close economic integration or pervasive global communication networks. This is only partially true. The state – as defined and facilitated by international law around the idea of territorial sovereignty – provides the ideal mechanism for global capital and corporate activities to function and develop with maximum efficiency and minimal accountability. The territorial nation-state provides the legal framework that facilitates the accumulation of foreign wealth through the opening of borders and their subsequent maintenance in the countries of the North through closed borders. At the heart of this legal framework are the territorial rules of private and international law, which offer a high degree of flexibility in the selective opening and closing of borders when the national interest so requires. The chapter argues that the complementary concepts of territory and borders are useful constructions for isolating capital from “leaks” to the outside.

The reasoning is illustrated by American cases in which the presumption of extraterritoriality is applied, on the one hand, and in cross-border tort disputes in English, on the other. In these cases, the territorial State does not appear as a victim of globalization, but as an essential participant, propagator and beneficiary of globalization. The general rule is that all cases are initiated by subpoena, unless the law provides otherwise. A subpoena is the legal process that initiates the lawsuit against a defendant. The function of the subpoena is to inform the defendant of the nature of the plaintiff`s claim and the plea. A notice of subpoena is accompanied by a statement of claim, a list of witnesses, evidence from the letter of claim, and a list and description of the documents to be used at trial. The Zambian legal system favours ADR to a large extent. Mediation is even provided for in the High Court Act, and the court may, on its own initiative, order the parties to opt for mediation before applying to the court.

The mediation procedure is attached to the court and is carried out by a mediator elected by the court. Persons who, in the five years preceding the elections, are loyal to a foreign State, insanity, imprisonment or imprisonment, conviction for a corrupt or illegal practice, persons convicted of such a practice during the hearing of an electoral application, lawful detention, persons who are not in possession of a national registration card, insanity, undeliverable bankruptcies, imprisonment or imprisonment, restriction of freedom of movement or imprisonment under certain laws, etc. This thesis aimed to examine the application of the rules of natural justice in labour law and to examine whether the scope of application is sufficient to meet the challenge of fair justice. In this research, the literature on the subject of natural justice rules was used to determine its applicability in labour law. An assessment of cases relating to the application of the rules of natural justice was conducted to determine judicial trends in the application of the rules. The thesis also compared the legal framework for the application of the rules as practised in Zambia and other common law countries. Research has shown that zambia`s judicial system is stuck in the old archaic precedent that emphasizes that the relationship between “master and servant” is at the heart of the employment issue without taking into account the progress made, and the rules of natural justice are more applicable to public institutions than to private institutions performing similar functions. The recommendation is that the government implement vigorous labour law reforms to level the application of natural justice rules into laws, to align our laws with other progressive common law countries and international standards, and to extend the principle of natural justice to private entities. Illegally obtained evidence is admissible if it is relevant. The Justification for this situation was set out by the Supreme Court in a case in which it was held that, while the means by which the evidence was obtained may be called into question, the existence of the evidence itself is a fact and cannot be overlooked.

However, evidence obtained illegally in the form of illegal interception under the Cyber Security and Cybercrime Act is not admissible in court. Zambia has a dual legal system consisting of legal law and customary law. Statutory law also includes customary law, which applies by default to legal provisions. In most countries, the legal system is often riddled with a lack of accountability, especially if the people concerned work for the legal system. For example, when a judge or police officer commits a crime, it always ends with the perpetrators not being charged. Such a culture of impunity is always dangerous and must be avoided at all costs. A good legal system should have many measures in place to prevent corruption. When people in the justice system can be bribed and even governed to meet their own needs, it becomes difficult to make meaningful decisions and help people get justice. It is very important that the legal system stays away from corruption and does everything in its power to prevent it from affecting its activities.

AFRONET is an organization that aims to promote coordination and networking among African HROs. So far, he has only begun to meet with various organizations in Zambia and publicize his activities outside the country. Although it has observer status with the African Commission on Human and Peoples` Rights, it still has a long way to go, both in conceptualizing its specific objectives and programmes and in raising awareness among RHOs across the continent of the need for coordination and networking. The programmes focus on communication, the promotion of good governance and sustainable development, human rights and the interaction of law and society. The following are the main rules governing the admission of evidence in the context of the Zambian legal system. Zambian courts generally enforce an arbitral award rendered by an arbitration institution recognized as a legal, valid and binding submission to arbitration in accordance with the rules of that recognized arbitration institution, if the submission is accepted by the arbitration institution recognized as legal, valid and binding under the laws of jurisdiction. The COVID-19 pandemic has significantly disrupted the way courts and hearings operate, resulting in a slight change in the way courts now resolve issues. As mentioned in 14.1 Dispute Resolution Reform Proposals, at the height of the pandemic, there were generally physical court closures and a postponement of arbitration and court hearings. So it was retrograde for the opposite Zambian system. Mulenga Mundashi Legal Practitioners (MMLP) is one of the largest and most respected business law firms in Zambia with over 20 years of market presence. Over the years, MMLP has become a company of choice for the corporate world and a link to the Zambian market for several multinationals in Africa and around the world.

MMLP has gained its status in the market by providing high-quality legal services in complex commercial disputes and arbitrations, as well as through various cross-border business transactions that have set it apart from most law firms in the legal sector in Zambia. MMLP is one of Zambia`s most demanding full-service law firms, operating in four large departments that include specific business areas and teams are formed based on staff expertise. These departments are companies, finance and business transactions; dispute resolution; Taxes and compliance; and the Real Estate and Enterprise Secretariat. The Supreme Court and the Constitutional Court are at the forefront of the Zambian judicial system and also rank, although the Supreme Court is the last court of appeal in terms of jurisdiction over civil and criminal appeals from the Court of Appeal. The Supreme Court shall also exercise such other jurisdiction as may be conferred on it by law. The jurisdiction of the Constitutional Court, on the other hand, is both original and subject to appeal, but is limited to constitutional issues. The Constitutional Court has jurisdiction at first instance for an application for a presidential election, but has the power of appeal with regard to petitions for legislative elections. The Court of Appeal was established by the Constitution in 2016 and has general appellate jurisdiction to hear and rule on civil and criminal cases of the Supreme Court and for appeals from court-like bodies, as required by law.

Alternative dispute resolution (ADR) mechanisms are strongly encouraged by the judicial system, and the general public has begun to be more open and receptive to alternative dispute resolution methods than traditional disputes, as they have proven to be faster and therefore more cost-effective compared to disputes.

Attributes of a Good Legal System in Zambia