constitutional court and the final court of appeal. The High Court has unlimited civil and criminal jurisdiction and appellate jurisdiction in respect of appeals from the lower courts. The magistrates’ courts have limited jurisdiction in civil and criminal cases and the local courts are only concerned with cases of customary law and very minor criminal matters. Special courts include the Industrial Relations Court, Land Tribunal and Revenue Appeals Tribunal. Judges of the Supreme Court and High Court are appointed by the President of the republic on the advice of the Judicial Service Commission, subject to ratification by the National Assembly. Judges have tenure of office until they retire. Government and politics Last elections: September 2011 (presidential and legislative) Next elections: 2016 (presidential and legislative) Head of State: President Michael Sata Head of Government: the President Ruling party: Patriotic Front In May 2001 Vice-President Christon Tembo and more than 80 senior members of the Movement for Multiparty Democracy (MMD) left the party to form the Forum for Democracy and Development (FDD). Since, under the 1996 constitution, Frederick Chiluba could not stand for a third term of office and he was unable to muster enough support for constitutional change, Levy Patrick Mwanawasa was chosen in August as MMD’s candidate for the 2001 presidential election, the third since the restoration of multiparty politics in July 1990. In a very close contest and with only 29 per cent of the votes Mwanawasa won the December 2001 presidential election, Anderson Mazoka of the United Party for National Development (UPND) came second with 27 per cent, Tembo (FDD) secured 13 per cent, Tilyeni Kaunda (United National Independence Party – UNIP) ten per cent and Ben Mwila (Republican Party) five per cent. In the simultaneous general election the MMD won 69 seats, the UPND 49, UNIP 13 and the FDD 12, but, even with its eight nominated members, the MMD was short of an absolute majority. The opposition was, however, fragmented and during 2003 Mwanawasa encouraged further fragmentation by bringing several individual opposition members into positions in his government. In a fiercely contested presidential election in September 2006, Mwanawasa won a second term substantially increasing his share of the votes to 43 per cent. Michael Sata of the Patriotic Front came second with 29 per cent of the votes; Hakainde Hichilema of United Democratic Office of the Attorney General, Zambia Making the Judiciary accountable The position of Attorney General is that of public office and is appointed by the President, subject to ratification by Parliament. The person appointed Attorney General should not be an appointed Minister or hold any other public office. The Attorney General is required to be: • an ex-officio member of the Cabinet • a person qualified to be Judicial independence and judicial accountability must be sufficiently balanced so as to strengthen judicial integrity for effective judicial impartiality. An extract from Attorney General Mumba Malila’s speech when he officially opened the Law Association of Zambia Conference on 26 April 2012 at Zambezi Sun Hotel, Livingstone. appointed a Judge of a superior court Functions • the signing of all Government Bills to be presented to the National Assembly • being the principal legal adviser to the Government • representing the Government in the courts or any other legal proceedings to which Government is a party • any other functions assigned to the Attorney General by the President or by any other law The Attorney General is entirely independent from any political influence and is therefore not subject to the direction or control of any other person or authority. The Attorney General is also a member of the Judicial Service Commission, Chairperson of the Anti-Money Laundering Authority, Chairperson of the Council of Legal Education and Chairperson of the Legal Practitioners' Disciplinary Committee. He is also the competent authority for mutual legal assistance in criminal matters and extradition. Contact Mr Mumba Malila SC, Attorney General, Ministry of Justice PO Box 50106, Fairley Road, Ridgeway, Lusaka, Zambia Tel: +260 21 125 0438 Email: mumbamalila@moj.gov.zm
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