explain Appeals Tribunals

Question

The majority of the permanent tribunals in Zambia are appeals tribunals. The distinguishing characteristic is that they review decisions of people in authority presented to them by an aggrieved person. The most important appeals tribunals in Zambia are the Planning Appeals Tribunals constituted for provinces of the Republic pursuant to section 62(1) of the Urban and Regional Planning Act No.3 of 2015. The Planning Appeals Tribunals have replaced the Town and Country Planning Tribunals which were constituted pursuant to section 6 of the Town and
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Country Planning Act Cap 283 of the laws of Zambia. The Town and Country Planning Act has been repealed and replace by the said Urban and Regional Planning Act No.3 of 2015. The functions of the Planning Appeals Tribunals provided under sect 62(1) of the Urban and Regional Planning Act No.3 of 2015 shall be to determine disputes and hear and determine appeals from the decisions of the planning authorities in the provinces.
The other important appeals tribunal is the Tax Appeals Tribunal established under section 3 of the Tax Appeals Tribunal Act No.1 of 2015. The Tax Appeals Tribunal has replaced what was known as the Revenue Appeals Tribunal. The functions of the Tax Appeals Tribunal as provided under section 5 of the Tax Appeals Tribunal is among others to hear and determine appeals from decisions of the Commissioner - General under the Customs and Excise Act, the Income Tax Act, the Properly Transfer Tax Act, the Value Added Tax Act and other tax legislation.
The Lands Tribunal established under section 3 of the Land Tribunal Act No.39 of 2010 is also another important appeals tribunal in Zambia. According to section 4(1), among the functions of the tribunal is to hear and determine appeals against a direction or decision of a person in authority relating to land under the Lands Act, the Lands and Deeds Registry Act , the Housing (Statutory and Improvement Areas) Act or any other laws - Section 4 (1)(e) of the Lands Tribunal Act.
The Main Characteristics of Administrative Tribunals
The following are the main characteristics of administrative tribunals and administrative appeals tribunal;
1. Administrative tribunals are the creation of a statue
2. Administrative tribunals perform quasi-judicial functions as distinguished from pure administration function.
3. Administrative tribunals are bound to act judicially and to follow the principles of natural justice.
4. Administrative tribunals have some of the trapping of a court and are required to act openly, fairly and impartially.
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5. Administrative tribunals are not bound by the strict rules of procedure and evidence prescribed by courts of civil jurisdiction.

Answer 1

Appeals Tribunals in Zambia

Definition and Purpose Appeals tribunals are specialized bodies established to review decisions made by authorities. In Zambia, the primary role of these tribunals is to provide a platform for individuals or entities aggrieved by decisions of governmental or administrative authorities to appeal and seek redress.

Key Appeals Tribunals in Zambia

1. Planning Appeals Tribunals

   • Foundation: Established under Section 62(1) of the Urban and Regional Planning Act No. 3 of 2015.
   • Function: These tribunals determine disputes and appeals arising from decisions made by planning authorities across the provinces. They have effectively replaced the Town and Country Planning Tribunals, which were governed by the now-repealed Town and Country Planning Act Cap 283.

2. Tax Appeals Tribunal

   • Foundation: Created under Section 3 of the Tax Appeals Tribunal Act No. 1 of 2015.
   • Function: This tribunal hears and decides appeals against decisions made by the Commissioner-General related to various tax legislation, such as the Customs and Excise Act, Income Tax Act, Property Transfer Tax Act, and Value Added Tax Act. It serves as a replacement for the former Revenue Appeals Tribunal.

3. Lands Tribunal

   • Foundation: Established through Section 3 of the Land Tribunal Act No. 39 of 2010.
   • Function: The Lands Tribunal hears appeals regarding decisions made by authorities in relation to land matters, under various laws, including the Lands Act and the Lands and Deeds Registry Act.

Characteristics of Administrative Tribunals

Administrative tribunals, including appeals tribunals, share several key characteristics:

1. Creation by Statute: They are established by legislative enactment, meaning their powers and functions are defined based on specific laws.

2. Quasi-Judicial Functions: These tribunals perform functions that resemble judicial processes, distinguishing them from purely administrative roles.

3. Adherence to Natural Justice: They are required to act in a manner that upholds principles of natural justice, which includes providing a fair hearing to all parties involved.

4. Open, Fair, and Impartial Procedures: Administrative tribunals must operate in a transparent manner, ensuring that decisions are made without bias.

5. Flexibility in Rules: Unlike traditional courts, administrative tribunals are not strictly bound by conventional rules of procedure and evidence. This flexibility allows them to operate more efficiently and accommodate the specific nature of the disputes they handle.

Conclusion

Appeals tribunals play a vital role in the administrative justice system of Zambia, providing necessary oversight and accountability for decisions made by officials and public entities. Their framework, established by various laws, allows for specialized handling of appeals in areas such as planning, taxation, and land matters, contributing to a more equitable and just administrative process.