By Henry Kyambalesa
August 6, 2025
A “statute of limitations,” “Time Limitation Act,” “Limitation Act,” “Limitation of Actions Act,” or “Prescriptive Period Act” is any piece of legislation that is enacted by a country’s national or local government’s legislative body and that sets a time limit in months or years, after a particular event has occurred, within which legal proceedings should be initiated.
In other words, it is a law or piece of legislation that specifies the maximum length of time in months or years that allows plaintiffs in civil cases, or for victims and prosecutors in criminal cases, to initiate legal proceedings.
Such a piece of legislation stems from the need to reach a swift, fair and efficient resolution of civil claims or facilitate the prosecution of crimes and, in the process, ensure that physical evidence does not deteriorate or get lost, eyewitness testimony does not become less reliable over time, and/or witnesses do not become unavailable over time.
Zambia needs such a piece of legislation and Parliament needs to seriously consider the prospect of enacting it.
Historically, the country has, in this regard, generally relied on the Fatal Accidents Act (1846) of the United Kingdom, the Public Authorities Protection Act (1893) of the United Kingdom, the Limitation Act (1939) of the United Kingdom, the Law Reform (Limitation of Actions, etc.) Act (1964), and the Limitation of Actions (Land) Act (1979).
Typically, “statutes of limitations” would become effective from the date when any given wrongdoing would cause harm or when any given wrongdoing would occur. Courts of law would ordinarily dismiss lawsuits not filed within statutory and applicable time limits—in other words, the courts of law would not have legal jurisdiction over such lawsuits.
With respect to “minors,” they cannot, as individuals, file lawsuits against alleged defendants or be sued by victims of their alleged wrongdoing until they attain the majority age—18 years of age in most countries. In shorthand, minors may not ordinarily sue or be sued until they reach the majority age.
The following listing of civil and criminal “statutes of limitations” excerpted and adapted from a Memorandum posted online by the Legislative Council Staff in the State of Colorado, USA, provides an excellent example of what such pieces of legislation should encompass:
1. Civil Cases:
(a) One (1) Year: Assault; battery; false imprisonment; false arrest; libel; slander; escape from prison; abuse of authority by police officers, firefighters or any other law enforcement personnel; and traffic infractions.
(b) Two (2) Years: Tort actions, including but not limited to, negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; failure to instruct or warn; veterinarian or other professional malfeasance; wrongful death; action against a public or government entity or any public or government employee; violation regarding sales of used motor vehicles; construction defect; product liability; medical malpractice; and recovery of bounced cheques.
(c) Three (3) Years: Violation of written and oral contracts; fraud, misrepresentations, concealment, or deceit; breach of trust or fiduciary duty; auto insurance claims; violations concerning ploughing along railroad tracks; and motor vehicle-related bodily injury or property damage.
(d) Six (6) Years: Collection of rent claims; debt collection where there was a contract; and unpaid contributions toward public employees’ retirement scheme.
2. Criminal Cases:
(a) Six (6) Months: Petty offences. The clock would begin upon the discovery of the criminal act.
(b) One (1) Year: Misdemeanor traffic offences. The clock would begin upon the discovery of the criminal act.
(c) Eighteen (18) Months: Misdemeanors. The clock would begin upon the discovery of the criminal act.
(d) Three (3) Years: All other felonies. The clock would begin upon the commission of the offense.
(e) Five (5) Years: Vehicular homicide; and leaving the scene of an accident that has resulted in death. The clock would begin upon the discovery of the criminal act, or upon the commission of the offense.
(f) Six (6) Years: Violation of antitrust laws, such as monopolization and bid-rigging. The clock would start when the act of the complaint involved would have occurred.
(g) No Time Limit: Murder; kidnapping; treason; any sex offense against a child; and forgery. This would also apply to attempt, conspiracy, or solicitation to commit murder, kidnapping, treason, forgery, or a sex offense against a child.
