What is the procedure for judicial review in Zambia?

Judicial review in Zambia is a remedy used to examine whether a court or public authority has acted lawfully and fairly, rather than to judge the correctness of their decision itself. A decision can be challenged through judicial review where the authority acted without jurisdiction, exceeded its jurisdiction, failed to follow natural justice procedures, made an error of law, or reached an unreasonable decision in the Wednesbury sense.

The procedural steps are as follows. First, you must apply for leave (permission) to bring a judicial review application. This application is filed in the High Court under the High Court Rules, Chapter 27 of the Laws of Zambia, and must be supported by an affidavit verifying the facts, a statement of case, and a list of authorities with skeleton arguments. Once leave is granted, you then file a Notice of Application for Judicial Review, which may be amended if necessary and should also be supported by affidavits and legal submissions.

Throughout the proceedings, you must file further affidavits and supporting documents as needed. Both parties present oral arguments to the court. The court's role is strictly limited to reviewing the decision-making process and whether the authority acted fairly and lawfully; the judge will not substitute their own opinion for that of the authority. If the court finds the decision was illegal, irrational, or procedurally improper, it may quash the decision by issuing an order of certiorari.

Sources
  • 2023HP2307 The People v The Director General of Immigration and Another %E2%80%9
  • 2023 Hp 1632
  • UNZA Law Past Paper 2008, Section 2
  • High Court Act, Section 1

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