Judicial review is the process by which the High Court supervises the lawfulness of decisions made by public bodies and officials. It is not an appeal on the merits: the court asks whether the decision was made lawfully, fairly and within the decision-maker’s powers, not whether it was the best decision. This guide explains the basics in Zambia.
The constitutional basis
Law cited
Constitution of Zambia: enforcement of the Bill of Rights (Article 28); Constitutional Court jurisdiction (Article 128); High Court jurisdiction, including review (Article 134).
Under Article 134 of the Constitution, the High Court has, subject to the Constitutional Court’s jurisdiction, unlimited and original jurisdiction in civil and criminal matters, appellate and supervisory jurisdiction as prescribed, and jurisdiction to review decisions as prescribed. The detailed procedure for judicial review is set by the rules of court.
What decisions can be reviewed
Judicial review is generally used to challenge decisions of public bodies, ministers, regulators, local authorities and others exercising public functions. Decisions of purely private bodies, and disputes that are essentially contractual, are usually pursued in other ways.
Common grounds
Courts generally consider whether a decision-maker:
- acted outside its legal powers or misunderstood the law
- followed a fair procedure, including giving the affected person a chance to be heard where required
- reached a decision so unreasonable that no reasonable decision-maker could have made it
Procedure and timing
The rules of court govern how a judicial review application is made, including any requirement to obtain the court’s permission first and the time within which an application must be brought. Time limits in public law are typically short, so act promptly once a decision is made and take advice on the applicable rules.
Possible outcomes
If a challenge succeeds, the court may, for example, quash the decision, require the decision-maker to reconsider it lawfully, or prohibit an unlawful act. The available remedies depend on the case and the rules of court.
Judicial review or a constitutional petition?
Where the complaint is that a decision contravenes the Constitution, the right forum may be the Constitutional Court or, for breaches of the Bill of Rights, the High Court under Article 28. See constitutional cases: which court? and enforcing your fundamental rights.
Our constitutional law team advises on judicial review and public law matters.
Frequently asked questions
What decisions can be judicially reviewed?
Generally decisions of public bodies and officials exercising public functions, such as ministers, regulators and local authorities.
How long do I have to apply?
Time limits are set by the rules of court and are typically short. Take advice promptly after the decision.
Do I need the court’s permission?
The rules of court govern whether permission is needed first. A lawyer can advise on the procedure for your case.
What can the court order?
Depending on the case, the court may quash a decision, require it to be retaken lawfully or prohibit an unlawful act.
