Crime control is the idea that a criminal justice system will prevent crime due process is focused on the aim of the criminal justice system. Handbook on improving access to legal aid in africa criminal justice handbook series vienna international centre, po box 500, 1400 vienna, austria. However, many challenges remain across zambias criminal justice institutions, and these inhibit the e. Republic of zambia the criminal procedure code act chapter 88 of the laws of zambia chapter 88 the criminal procedure code actchapter 88 the criminal procedure code act arrangement of sections part i preliminarypart i preliminary section 1. The zambia prison service has a long standing history spanning from the colonial era up to the year of zambia s independence in 1964. For example, the law prohibiting murder is a substantive criminal law.
Senior state advocate, national prosecution authority, ministry of justice, zambia. This policy brief discusses the efficacy of zambias criminal justice system by focusing primarily on crime, policing, prosecution, the judiciary, prison service, customary justice and international instruments. A comparative study november 2007 by moses montesh submitted in accordance with the requirements for the degree of doctor of literature and philosophy in the subject police science at the university of south africa promoter. The criminal justice system on trial in zambia volume 36 issue 2 melvin mbao. Zambia judicial system the judicial system is based on english common law and customary law. Since the reintroduction of multiparty democracy in zambia in 1991, some progress has been registered in the governance system of the country, including its criminal justice system. Apr 11, 2010 zambia judicial system the judicial system is based on english common law and customary law. Hierarchy of courts in zambia court structure in zambia. Disability and the criminal justice system in zambia article in journal of intellectual disabilities and offending behaviour 82 june 2017 with 12 reads how we measure reads. The indigenous african criminal justice system for the modern. Substantive criminal laws define crimes and may establish punishments.
This policy brief summarises research made in three african states into both the official and informal roles of customary law and attitudes towards it. In contrast, criminal procedure describes the process through which the criminal laws are enforced. To improve access to information on zambian juvenile law, the center for law and justice and cornell law schools international human rights clinic have coauthored this juvenile law handbook. Virtually all these facets share the same weaknesses with regard to capacity, for exam. The judiciary of zambia is the branch of the government of the republic of zambia which interprets and applies the laws of zambia to ensure impartial justice under law and to provide a mechanism for dispute resolution. The high court of zambia is an appellate court and is presided over by the chief justice.
At the base, stand 415 local courts, presided over by 8 senior presiding justices, and 407 presiding justices, assisted by 428 ordinary. Dec 07, 2019 however, a detailed legal system generally requires human elaboration. Mar 19, 2018 if you have been arrested for a crime, you are at the beginning of what could become a long journey through the criminal justice system. Criminal justice system in zambia free download as word doc. It notes that zambia has made great progress since the reestablishment of a multiparty democracy since 2002 but there are still serious gaps in its criminal justice law reforms. Criminal justice system in zambia bail criminal procedure in. Trial of offences under penal code and other written laws. The criminal justice system in zambia enhancing the delivery of. The place of witness in the criminal justice system in zambia. Although there is some disagreement on prevalence, it is clear that a large number of people with learning disabilities and difficulties are caught up in the criminal justice system. Disability and the criminal justice system in zambia request pdf. Crime and punishment in zambia 165 however, the high court refused to consider this evidence and emphasised that the law on which criminal cases are to be decided in the high court is that to be found in the penal code and related statutes. The criminal justice system in zimbabwe zimbabwe legal. Sharia is the most widespread religious legal system see islamic law, and is the sole system of law for countries including iran, the maldives, and saudi arabia.
It covers aspects of criminal, civil administrative and customary justice. The introduction of a jury system will be a magnanimous addition which will help in reshaping zambia as a true democratic society. The programme fills a desperate need in the zambian criminal justice system but it is facing a number of challenges. The research aims to understand the role custom currently plays in african legal systems.
The zambian judicial system comprises approximately 460 courts, arrayed. Criminal justice system in zambia bail criminal procedure. This court has unlimited jurisdiction to hear and determine all civil and criminal proceedings under any law. The legal system is a mix of english common law and customary law. Presented by draper hills summer fellow catherine phiri zambia 15 catherine phiri is a public prosecutor for the government of zambia where she prosecutes cases of. Low referrals, low outputs, organisational and skillsrelated challenges are some of the most pertinent issues requiring attention.
In addition to the pilot projects, an assessment was done of the child justice forums cjf and the. The main types of religious law are sharia in islam, halakha in judaism, and canon law in some christian groups. Only in two provinces eastern and western more than 50 per cent of reported cases were taken to court, but then just over a third 34,82 per cent resulted in convictions in eastern province and only about one in four 24,04 per cent. Notes of the legal system of zambia zambian watchdog. The relationship between old testament christianity and the justice administration in colonial and modern africa is the focus in chapter 5. Pdf a place for tradition in an effective criminal justice. Although the process may vary somewhat from state to state, these are the steps that most criminal cases follow until their case is resolved. Under the constitution of zambia, justices and magistrates are independent of the government and subject only to the. The handbook offers a compendium of zambian juvenile law, including the processing of juveniles in the criminal justice system. Sep 10, 2015 presented by draper hills summer fellow catherine phiri zambia 15 catherine phiri is a public prosecutor for the government of zambia where she prosecutes cases of corrupt practices, abuse of.
Jurors and not so much judges would do a duty by preserving democracy in zambia. This approach continues to dominate the practice of zambian courts in sentencing juvenile offenders. The debasement and absolute rot in zambia s criminal and related justice systems is evidenced by the irrevocable words of honourable ronald chitotela after his acquittal from the charges of proceeds of crime or corruption by his worship magistrate simusamba on july 11, 2019. Th e countrys crime and criminal justice system is also in a transitional phase. The criminal justice system ensures that persons who offend the law. Whilst the penal code is that prime source of criminal law in zambia, there are. Disability and the criminal justice system in zambia. This study was carried out as an assignment for the ministry of justice of the republic of zambia by a joint team of zambian and international advisers. The term criminal law generally refers to substantive criminal laws. Zambia has also enacted its own legislation which deals with child offenders in the criminal justice system.
Under this system the prosecutor presents the case against the accused and the defence presents the defence and an impartial judicial officer decides whether the accused person is guilty or not on the basis of the evidence as a whole. As is the case in a number of postcolonial african countries, the most distinctive feature of zambia s legal system is its duality, comprising general. Request pdf disability and the criminal justice system in zambia purpose drawing on multimethod research conducted in 202014, the purpose of this. The criminal justice system in zambia africa portal. Jul 15, 2019 the debasement and absolute rot in zambias criminal and related justice systems is evidenced by the irrevocable words of honourable ronald chitotela after his acquittal from the charges of proceeds of crime or corruption by his worship magistrate simusamba on july 11, 2019. Handbook on juvenile law in zambia 1 acknowledgements the avon global center for women and justice at cornell law school avon global center, cornell law schools international human rights clinic ihrc, and the center for law and justice clj thank the following individuals for their contributions to the. The debasement and rot in zambias criminal justice system. Zambian approaches to disposition of juvenile offenders. Law enforcement response to child abuselike all the portable guides in this seriesis designed to assist those working to help protect children from being victimized and to improve the investigation of child abuse cases. The criminal justice system in zambia to customary justice structures where proceedings are not documented. This guide arms law enforcement professionals with the information needed to ensure consistency in their investigation. Justifies substantial criminal goals dispute resolution that is fair and economical creates fair process and reliability of outcome discuss crime control in comparison to due process. The adversarial system the criminal justice system in zimbabwe is basically the adversarial or accusatorial system. The criminal justice system in zambia duced in 1991 aft er two decades of ruinous oneparty rule.
Jun 12, 2017 drawing on multimethod research conducted in 202014, the purpose of this paper is to consider the extent and nature of disadvantage experienced by individuals with psychosocial and intellectual disabilities pid who come into contact with the criminal justice system in zambia. Head o block d, brooklyn court, policy brief pretoria 0181. Common law is administered by several high courts, which have authority to hear criminal and civil cases and appeals from lower courts. This paper argues that the justice system in zambia should make a concerted effort to guarantee the rights and liberties of citizens, residents and visitors. The criminal justice system in zambia enhancing the delivery of security in africa. The only area where it doesnt exercise complete jurisdiction is under the industrial and labor relations act. The criminal justice system on trial in zambia journal of. The whole zambian legal system needs to be revamped. The zambia prison service has a long standing history spanning from the colonial era up to the year of zambias independence in 1964. The criminal justice system on trial in zambia journal of african. Report on child justice in zambia with reference to unicef. The criminal justice system in zambia the case for the zambia prison service.
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