State of Human Rights in Zambia 2008 Main Report 01

HUMAN RIGHTS C OMMISSION
CONSTITUTIONALISM
&
HUMAN RIGHTS
Perspectives on the Judiciary and the Police
in Human Rights Protection,
Individuals Rights & Democratic Governance in Zambia
2008
STATE OF HUMAN RIGHTS R EPORT
IN ZAMBIA
PURL: https://www.legal-tools.org/doc/1cbff0/
2008 STATE OF HUMAN RIGHTS REPORT
Inside … Voices on Police Conduct
“Bad people. I was caught urinating in public (in Kabwe) , and the police at
@@@ station beat me up, the(y) called it toilet training, so that next time I
will hold my urine till I get home. I was released the following day after my
boss paid my guilty fine of K27, 000.”
– 24 year old male. Occupation: Garden boy.
***
“I personally arrested a thief,

but when I took him to the police
they told me to bring him back the following day.”
– 40 year old male. Occupation: Shop Manager.
HUMAN RIGHTS COMMISSION

1
A Human Rights Commission

project funded by
United Nations Development Programme

(UNDP)

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Foreword
This State of Human Rights Report provides obse rvations on the human rights
situation in Zambia in the year 2008. The Report is a product of the Commission’s
monitoring and reporting of human rights abuses and physical interactions with
members of the public.
The 2008 State of Human Rights Report provides human rights information premised
on perspectives into the judiciary, the police, individuals rights and democratic
governance within the framework of Constitutionalism and Human Rights. The Report
recognises that constitutionalism enforces the rule of law, and therefore that
observance of the rule of law is expected to secure predictability and security in
relations between individuals and the State, and hence enhance human rights
protection.
The Report shows that the human rights situation in Zambia in 2008 is undesirable.
For instance, it is evidenced that the role of the judiciary and the police within the
framework of the rule of law and protection of human rights is severely constrained
by inadequacies in institutional and infrastructural support capacities.
Further, individual rights and freedoms are continually violated. This is evidenced in
continued subjection of individuals to prolonged inhuman and degrading treatment,
arbitrary arrests, unlawful killings, and unlawful detentions.
In addition, individual’s participation and engagement in constitution making

through their constituent representation is not very evident. The Report also shows
that individuals have inadequate knowledge of their democratic rights within the
framework of consti tutionalism and human rights.
It is, however, hoped that the findings of this Report informs enhanced State
interventions aimed at safeguarding constitutionalism and the rule of law as a means
of strengthening human rights protection in Zambia. It is also hoped individuals will
use the Report as a framework for influencing the State in making decisions on
institutional support to institutions critical to human rights protection.
Pixie K. Yangailo
Chairperson
Human Rights Commission

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Contents
Foreword
Acknowledgements
Acronyms
Chapter One. Constitutionalism and Human Rights

1.1 Introduction
1.2 Understanding Human Rights
1.3 What is Constitutionalism
1.4 Constitutionalism and Human Rights – The Convergence!
1.5 The 2008 State of Human Rights Report
1.6 Limitations
Chapter Two. The Judiciary and Human Rights Protection

2.1. Introduction
2.2. The Judiciary in Zambia
2.3.Judicial Independence
2.4. Institutional Functioning
2.5. Retrospect
Chapter Three. The Police and Human Rights Protection

3.1. Introduction
3.2. The Zambia Police Service - the Law, Conduct, and Conditions
3.3. The Police and the Public – Voices from the Public!
3.4. Retrospect
Chapter Four. Individual Rights

4.1. Introduction
4.2.Arbitrary or Unlawful Deprivation of Life (Unlawful killings)
4.3 Unlawful Arrests and Detentions
4.4 Torture
4.5 Condition of Detention Centres
4.6 Retrospect
Chapter Five. Democratic Governance

5.1.Introduction
5.2.Constitution Making
5.3.Elections
5.4. Retrospect
Chapter Six. Conclusions, Outlook and Recommendations

6.1 Conclusions
6.2 Outlook and Recommendations

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Appendices
I Part III of Constitution of Zambia, Protection of Fundamental Rights and Freedom of

the Individual
II Male Deathrow Inmates in Kabwe Maximum Prison Whose Appeal Cases are
Pending for Longer Periods
III Southern African Regional Police Chiefs Co-operation Organisation (SARPCCO)

Code of Conduct for Police Officials
IV Sample Emoluments for Superintendent, Assistant Superintendent, Chief Inspector,

Sub-Inspector, and Constable.

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Acknowledgements
This 2008 State of Human Rights Report would not have been possible but for the
contributions of the institutions, in particular the judiciary and the police; and, the
individuals that lent their voices for making known the human rights violations they
have experienced.
The Human Rights Commission, further, acknowledges the financial support of the
United Nations Development Programme (UNDP) in the research and development,
and publication of this report.
The Commission also acknowledges the contributions of the reviewers Sindiso

Kankasa (Governance Secretariat) Bairbre Fee (UNDP), Michael Soko (UNDP),
Rumbedzai Mutasa (HRC), and Simon Mulumbi (HRC).
Lastly, the Commission acknowledges the contributions of the staff of the

Commission’s Research Advocacy and Planning Department – Hope Ndhlovu-
Chanda, Sinyama Simui, Chipo Mushota -Nkhata , and Makungwe Abel); the Human
Rights Officers – Patrick Mtonga, Mwiba Mwenda, Timothy Banda and Grace
Sibanda; the consultant - Malala Mwondela; and, the principal consultant - Mbinji
Mufalo.
E Mulembe
Director
Human Rights Co mmission
Lusaka
June 2009

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Acronyms
CID Criminal Investigations Department

ECZ Electoral Commission of Zambia
HP Heritage Party
HRC Human Rights Commission
ICCPR International Covenant on Civil and Political Rights
LRF Legal Resources Foundation
MMD Movement for Multiparty Democracy
NCC National Constitution Conference
PF Patriotic Front
SARPCCO Southern African Regional Police Chiefs Co-operation Organisation
SADC Southern Africa Development Community
UDHR Universal Declaration of Human Rights
UNDP United Nations Development Programme
UPND United Party for National Development

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C HAPTER ONE
CONSTITUTIONALISM AND HUMAN RIGHTS
1.1 Introduction
Reporting of human rights incidents, hindrances to human rights enjoyment and

protection in a country are important. Human rights monitoring and reporting
provides individuals and their government objective information on the country’s
performance with respect to observance of human rights, their protection and above
all respect for rule of law, and maintenance of the dignity of the individual.
This State of Human Rights Report provides observations on the human rights
situation in Zambia in the year 2008. This is done within the theme constitutionalism
and human rights. Thus , the succeeding sections first provide an understanding of
human rights, then proceeds to attempt a definition of constitutionalism, the
convergence between constitutionalism and human rights, and lastly the structure of
the 2008 Zambia Annual State of Human Rights Report.
1.2 Understanding Human Rights Human Rights Defined

Human rights are the rights possessed by all
“Human Rights are universal legal persons, by virtue of their common humanity,
guarantees protecting individuals and to live a life of freedom and dignity.
Human rights are universal
groups against actions which interfere with – they are the same for everyone, everywhere.
fundamental freedoms and human Human rights are inalienable
dignity ”. 1 These rights are the due birthright – they can neither be taken away, nor given up.
of every human being, for the sole fact of And human rights are indivisible
– there is no hierarchy among rights, and no right
being human. They can be understood to be can be suppressed in order to promote another right.
a social contract between individuals and
the State (we allow the state to rule over us, in exchange for specific guarantees), or,
naturalistically, as inborn properties of every human being.
Human rights are usually divided into two main categories. Civil and political rights
and economic, social and cultural rights.
Civil and political rights include rights like the right to life, to physical integrity, to
due process and to vote. Civil and political rights obligate the government not to do
something against its people, for example not kill you, not torture you, not to
unlawfully detain you, or not to deny you a speedy and fair trial before the courts of
law.
1Ref: The United Nations System and Human Rights: Guidelines and Information for the Resident Coordinator System"
approved on behalf of the Administrative Committee on Coordination (ACC) by the Consultative Committee on
Programme and Operational Questions (CCPOQ) at its 16th Session, Geneva, March 2000.

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Economic, social and cultural rights, on the other hand, include the rights to food,
shelter, medical attention and social security. These rights require the government to
do something for its people.
Human rights are, therefore, entitlements that ensure that individuals or groups of
individuals can, by virtue of being human, freely enjoy fundamental freedoms and
that they will be treated with dignity. Internationally, the Universal Declaration of
Human Rights (UDHR) defines civil and political and economic social and cultural
rights human rights that countries should respect and protect. Even though the
Universal Declaration of Human Rights (UDHR) is not a binding document it sets the
minimum standards that all states should observe in the promotion and protection of
human rights- in other words, it has become a common standard of achievement.
Locally, human rights are upheld by being written down in the laws of a country, and
are protected by the rule of law. In the Constitution of the Republic of Zambia, the Bill
of Rights under Part III protects civil and political rights, and economic, social and
cultural rights are provided for under the Directive Principles of State Policy 2 .
(Appendix I).
1.3 What is Constitutionalism?
To the average person constitutionalism is an alien and distant concept. Unlike

concepts like human rights or democracy, constitutionalism until lately had no clarity
of meaning in an individual’s everyday understanding. In seeking to provide an
understanding of constitutionalism and placing it within the framework of an
individual’s everyday experiences, this State of Human Rights Report adopts Bo Li’s
definition of constitutionalism.
That is:
a system of political arrangement that is founded and governed by a

supreme law, that can only be amended by the will of the people or
through their constituent representatives, in which the practice of the
rule of law, separation of powers, checks and balances and good
governance are observed, and the rights and development of the citizens
are paramount3 .
An individual’s everyday understanding of the concept of constitutionalism therefore

should recognise that:
2
Part IX of the Constitution of Zambia.
3
Bo Li, What is Constitutionalism: Supra.

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(a) He or she lives in a State where there is a system of political arrangement that is
founded and governed by a supreme law, which in Zambia is the Constitution;
(b) He or she understands that his or her system of governance is a democracy and
can only be amended by the will of the people or through their constituent
representatives;
(c) The State shall provide safeguards for the protection of the practi ce of the rule
of law, separation of powers, checks and balances and good governance; and
that
(d) His or her individual rights shall be protected.
Constitutionalism provides that in a democracy, the content of a country’s

Constitution is the fundamental law. It defines the political, legal and social
governance structures. Consequently, it is expected that all laws and the behaviour of
the State and State agents is founded on the principles of the constitution.
In Zambia, the constitutional principles are stated in the preamble of the Constitution.
These are:
(a) Maintenance of sovereignty;

(b) Equity of right to political choice and participation;
(c) Respect for the rights and dignity of the human family;
(d) Rule of Law;
(e) Pursuit of sustainable development;
(f) Upholding the right of every person to enjoy that person's freedom of
conscience or religion; and,
(g) Uphold the values of democracy, transparency, accountability, and good
governance.
Therefore, an individual’s everyday understanding of constitutionalism should be the

ultimate recognition that the only safeguard he or she has for the protection of his or
her individual rights is the Constitution, and the State’s and State agents’ respect of
the rule of law.
Furthermore, constitutions consist of overarching arrangeme nts that determine the

political, legal and social structures by which society is to be governed. Constitutional
provisions are therefore considered to be paramount or fundamental law. All other
laws within a country must abide by and follow the principles of the constitution.
Under these circumstances, if the constitution making process and the content of a
country’s constitution are inadequate, the nature of democracy and rule of law within
a country is affected. This will affect individual’s human rights, which can only be
realized and protected under a rule of law framework.

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The structure of modern nations has been shaped with government being divided into
executive, legislative and judicial bodies, with the commonly accepted notion that
these bodies and their powers must be separated. This is one of the most fundamental
tenets of modern governance, and as such is a key characteristic of any constitution.
Of course, the separation of powers does not mean these bodies function alone, rather
they work interdependently, but maintain their autonomy. Other tenets include the
idea of limited government and the supremacy of law.
In other words, constitutionalism is the idea that government should be limited in its
powers and that its authority depends on its observation of these limitations. In
particular, these limitations relate to legislative, executive and judicial powers. A
constitution is the legal and moral framework setting out these powers and their
limitations. This framework must represent the will of the people, and should
therefore have been arrived at through consensus.
1.4 Constitutionalism and Human Rights – The Convergence!
From the foregoing section, it is clear that constitutionalism implements the rule of
law. This brings about predictability and security in relations between individuals
and the State, as constitutionalism provides for defining, in advance, the powers and
limits of government, and its responsibilities and behaviours. Predictability entails
that the State ensures that the law must be objective as opposed to being arbitrary and
must be made known to all before hand.
For instance, predictability is ensured in that every individual suspected of a crime

should be charged in a language he or she understands (to help him or her prepare an
adequate defence) and brought before a court of law within twenty fours (24) hours or
be released on bond. Where it is not practicable to bring him or her before court
within the specified time, he or she should be brought before court within reasonable
time.
Thus, inherently, constitutionalism is a convergent means by which respect of human

rights is, not only implemented but also institutionalised. In any case a country's
constitution is its cornerstone in protecting the rights and liberties of individuals in its
populations.
1.5 The 2008 State of Human Rights Report
The perspectives of the concept of constitutionalism and human rights that are used in
the subsequent chapters in the 2008 Annual State of Human Rights Report are those
that ensure predictability and security in relations between individuals and the State
as provided below.

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(a) Rule of Law in Human Rights Protection

The rule of law avoids arbitrariness and places Rule of Law
emphasis on the protection of individual liberty. The The purpose of all law
rule of law necessitates respect for all law and that must be to protect
and defend the lives
all individuals are held equal before the law. That is, and liberties of people,
the law must conform to the highest principles of not the repression of them.
human rights, and that State agencies and officials
must be held accountable to the law.
The three pillars of the rule of law are:

(i). All individuals should be treated equally before the law, meaning no
one is above the law;
(ii). No person should be subjected to arbitrary treatment; and,
(iii). All individuals should be subjected to the ordinary courts and laws
established unde r the land.
Thus, the rule of law refers to the supremacy of law, and its equal application to
all individuals, including government and state officials. The link between
constitutionalism and rule of law is that constitutionalism is the institutional
basis for rule of law in any society, and that constitutionalism is also
safeguarded by the rule of law.
Basic principles of constitutionalism entail that institutional provisions used to

maintain the rule of law should include the separation of powers, judicial
review, the prohibition of retroactive laws and habeas corpus.
Constitutionalism provides a guarantee of equity of justice with respect to the
content, the form of law and its application. Constitutionalism therefore
requires effective laws and their enforcement.
Most important is that the rule of law requires that a society (including its
government and State agents) recognise the supremacy of all law. This provides
the framework in which human rights are protected and remedies made
available for the redress of violations of an individual’s human rights.
Effective rule of law in any society is determined by factors that include

political, legal and institutional factors. Political factors chiefly constitute the
need for political will and power to promulgate laws, institutional practices and
behaviours that are not contrary to the rule of law principles.
The legal factors necessitate that effective rule of law can only occur in a
country if there exist laws that serve the public and defend human rights
principles.

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In addition, non-observance of laws by institutions and their malfunctioning

leads to the collapse of effective rule of law. This constrains the enjoyment of
human rights by individuals as the institutions responsible for human rights
protection become dysfunctional.
Consequently, the this Report provides observations on the rule of law in 2008
within two frameworks.
These are:
(i) The role of the judiciary in human rights protection; and,

(ii) The role of the police in human rights protection.
These are provided in chapters two, and three. These chapters provide
perspectives on the roles of the judiciary and the police in human rights
protection, and 2008 observances within the framework of the rule of law.
(b) Individual Rights

Every individual has the fundamental right to life, liberty, expression,
association, and other such rights defined in the Bill of Rights. This section
provides human rights violations that are, in part, a result of a failing of the
State and State agents adherence to provisions of the law and respect for human
rights.
Chapter four consequently provides the observations on incidences of human

rights violations in 2008, with particular emphasis on unlawful arrest, unlawful
detentions, torture, unlawful killings, condition of detention centres, and
freedom of assembly.
(c) Democratic Governance

Constitutionalism entails that people have the right to participate in their
governance and formulation of governance instruments. In short
constitutionalism assumes democratic governance. Chapter five of this report
covers issues on constitution making and the electoral processes in the year
2008.
Supporting legal and institutional frameworks and social context for human rights
protection are provided in each relevant section of the Report. It is, thus, hoped the
2008 State of Human Rights Report provides indicative milestones of future
monitoring of constitutionalism and human rights protecton in the country.

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1.6 Limitations
All incidents of human rights cases cited in the 2008 State of Human Rights Report are
based on the Human Rights Commission records, except where other secondary
sources are provided. It has always been the wish of the Commission to base its
reports on primary sources of information, but unfortunately most public sector
institutions do not either respond to basic information requests timely, or do not
allow basic information to be provided. This is because most public institutions tend
to conceive basic information generated within their institutions as secret or highly
confidential. Bureaucratic hindrances are, thus, commonplace when seeking even the
most basic information from a public institution.

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C HAPTER TWO
THE JUDICIARY
AND H UMAN R IGHTS P ROTECTION
“The rule of law and the proper administration of justice […] play a
central role in the promotion and protection of human rights,…. the
administration of justice ….and, especially, an independent judiciary
and legal profession in full conformity with applicable standards
contained in international human rights instruments, are essential to
the full and non- discriminatory realization of human rights and
indispensable to democratization processes and sustainable
development”. - The UN General Assembly, Resolutions 50/181 of
22.12.1995 and Resolution 48/137 of 20.12.1993 respectively.
2.1 Introduction
The judiciary is a system of courts of law that administer justice and constitute the
judicial branch of government. The judiciary determines the effectiveness and practice
of the rule of law in a country. For rule of law to be upheld and human rights
protected, it is important that judicial mechanisms function with due diligence,
independently and impartially.
The judicial system in a country is central to the protection of human rights and
freedoms. Courts play a major role in ensuring that victims or potential victims of
human rights violations obtain effective remedies and protection and that
perpetrators of human rights violations are brought to justice. They also ensure that
anyone suspected of a criminal offence receives a fair trial according to national and
international standards and that the executive and legislative branches of government
act according to internal human rights and the rule of law.
The judiciary has a unique ability and responsibility for the enforcement, promotion
and protection of human rights. Their responsibility rests upon them through the
discharge of their judicial function. The judiciary is the guardian of rights and
freedoms and as such must ensure they are protected by the rule of law because it is
the judiciary that presides over the rule of law.
2.2 The Judiciary in Zambia
Part VI of the Constitution of Zambia defines the judicial system under the term
judicature. The judicial system in Zambia is based on a syste m of laws comprising
Local statutory law, English law, Common law and Equity, and African customary
law. Under local statutory law, we have the Constitution, which is the supreme law of
Zambia, and also various Acts of Parliament. African customary law on the other

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hand reflects the customary practices accepted as law by members of the society to
which they apply.
English statutory law is used by courts in Zambia, but is subject to local legislation
and circumstances. This covers all acts of Parliament that were in force in England
before August 17, 1911, as provided in Chapter 11, English Law (Extent of
Application) Act, of the Laws of Zambia. Selected pieces of legislation enacted in
Britain after 1911 are extended to Zambia by Chapter 10, British Acts Extension Act, of
the Laws of Zambia.
Common law refers to the law that was applicable to the whole of England and
remains England’s traditional unwritten law. It equally refers to judge-made law as
opposed to statutory law, and the law applicable in the common law courts as
opposed to equity.
Equity, on the other hand, is described as the state of being equal or fair; impartial or
even handed. Common law and equity, according to the provisions of the High Court
Act Chapter 27, are administered concurre ntly by the courts in Zambia.
Statutory law, English law, Common law and equity are administered by the Supreme
Court, High Court, and Subordinate Courts (mostly referred to as Magistrate Courts).
These have jurisdiction or power to hear both criminal and civil cases. The Supreme
Court and the High Court also hear appeals from the lower courts. In addition where
an individual is not satisfied with the decision of a Local Court he or she can seek
recourse from the Subordinate Court.
The Supreme Court is located in Lusaka, and the High Court is located in Lusaka,
Ndola, Kitwe and Livingstone. Further, the High Court conducts circuit criminal
sessions in all provincial headquarters. Members of the public therefore are free to
lodge complaints with the High Court at any of the registries at the High Court
buildings. Subordinate Courts are established at all districts in the country while
having several local courts established in different districts.
Local courts mainly administer customary law, especially cases relating to marriage,
property, and inheritance.
Rule of law principles of predictability, security in relations between individuals and

the State, and the protection of individual liberty are defined in the Constitution of
Zambia. This is in Part III, Protection of Fundamental Rights and Freedoms of the
Individual (Appendix I).
The importance of the judicial system in the rule of law and the realisation of human
rights is its role in protecting human rights by way of due process and effective
remedies. The judicial system embodies the rule of law principal that there shall be

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respect for all law and that all individuals are held equal before the law. The
realisation of individual liberties necessitate that the judiciary is competent,
independent, impartial and is institutionally functional.
The succeeding sections provide the findings on the role of the Judiciary in human
rights protection, with respect to judicial independence and institutional functioning.
2.3 Judicial Independence
The independence of the judiciary is central to the effective administration of fair and
equal justice in a democratic society. Such independence is important if the courts are
to act as an effective check on unconstitutional acts of the executive and legislative
arms of government. This independence is linked to, and derived from two principles
- the separation of powers and the rule of law.
The doctrine of separation of powers dictates in theory, which the three arms of
government –legislative, judicial and executive or administrative should be clearly
separated from each other and that each should operate independently of the others.
As for the rule of law, independence of the judiciary is an essential pillar for its
support. It is not enough to say that the courts should follow and apply the laws
faithfully and equally to all. One must in addition demand that there should be no
dispensing power vested in the executive or other body which would relieve a person
from the duties and processes of the law.
Independence is defined as not being subject to the control of any person, or entity. It
means being autonomous or not influenced by others. Therefore , judicial
independence denotes protection or immunity from improper or unlawful influences,
direct or indirect, on the way in which the judicial officer carries out his or her judicial
function.
Although, independence of the judiciary is also affected by issues such as

appointment of judicial officers, their remuneration, general financing of the judiciary
and a number of other factors, so long as judges are appointed, paid, promoted or
dismissed by persons or bodies controlled directly or indirectly by the executive, as is
the case for the majority of countries in the region, the judiciary’s independence may
be more theoretical than real.
The foregoing shows that, judicial independence requires the judiciary to be able to
function without any influence from the executive arm of government or other state
agencies. The Constitution of Zambia guarantees the independence of the judiciary by
proclaiming that the Judicature shall be autonomous and shall be administered in
accordance with the provisions of an Act of Parliament. This is provided in Article 91
(3).

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In addition, Article 91(2) provides that judges, members, magistrates and justices shall
be independent, impartial and subject only to the Constitution and the law and shall
conduct themselves in accordance with a code of conduct promulgated by Parliament.
For Supreme Court which serves as the final court of appeal, the Chief Justice and the
other eight judges are appointed by the President and their security of tenure is
guaranteed as their appointment is ratified by the national assembly.
The Judicature Administration Act of the Laws of Zambia, however, provides for the
administration of the courts and confers on the Judicial Service Commission power to
appoint staff of the Judicature. To which end, the Judicial Service Commission is
responsible for determining the suitability for appointment of various staff of the
Judiciary.
Interferences on judicial independence are often evidenced by incidents such as where

the State or State agents do not abide by judicial rulings; or where court orders to
release those arrested and detained arbitrarily by police and or other state agents are
ignored, and with the individual being detained as soon as they step outside the
courts. However, in 2008, no such incidents were recorded.
2.4 Institutional Functioning
Article 18(1) of the Constitution of Zambia, Provisions to Secure Protection of Law,

provides that:
“If any person is charged with a criminal offence, then, unless the
charge is withdrawn, the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by
law”.
Also termed the right to a speedy trial
Institutional functioning relates to the adequacy of human resources in the Judiciary,

remunerations, and physical facilities. Human and infrastructural resources are key to
securing protection of the law. That is, an individuals right to a speedy trial.
However, in 2008, observations on judicial institutional functioning manifest

negations of provisions to secure protection of the law. This is evidenced with respect
to inadequate of courtrooms to allow speedy disposal of cases; pre -trial detentions;
individuals in remand for bailable offences; abuses of court authority; delayed justice
and, miscarriage of justice.
The foregoing incidences are cited in the succeeding sections, in particular with
reference to criminal justice.

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2.4.1 Courtrooms and Cases per Court per Day
Observations in 2008 show that individual’s right to a speedy trial are undermine by
the judiciary in Zambia due to inadequate courtrooms. Cases before the courts, are,
inevitably always delayed.
For instance:
Chipata Subordinate Court

This Court has five (5) magistrates, and two (2) courtrooms. That is, there
are 2.5 magistrates per court. When the High Court is sitting in Chipata it
uses the same courtrooms, hence further reducing the ratio. The number of
court cases per magistrate is between seven (7) and twelve (12) per day.
Kasama Subordinate Court

This Court has five (5) magistrates, and three (3) courtrooms. When the
High Court is sitting, one courtroom is used primarily for the sittings. The
magistrates further share the two chambe rs available at the courts.
The number of court cases per magistrate per day is four (4).
In the period January to November, a total number of five hundred and

ninety-nine (599) cases were handled. A hundred and six (106) of them were
cases brought forward from the year 2007. Of these, thirty four (34) were
committed to the high court, sixty-seven (67) were discharged, and ninety-
one (91) cases were awaiting trial. Two hundred and eighty-four (284) were
imprisoned. Females constituted four (4) and juveniles’ six (6) persons of
those imprisoned.
Magistrate case loading in terms of criminal cases in two months, for

instance January and February 2008, shows average percentage disposal
rates of 28 and 27 percent respectively. That is, percent cases disposed
relative to all cases in the month.
When considered as a percentage disposal rate per individual magistrate,

this however varies from as low as 15 percent to a moderate 49 percent, in
the month of January. In the month of February, this varies from 0 percent
to 70 percent.
Some courts however fair favourable. An example is Kitwe Subordinate Court.
This Court has six (6) magistrates with magistrate -to -court ratio of 1:1, and
an average of four (4) court cases per magistrate. The case disposal rate is 60

19
to 70 percent, with the delays being mostly due to bail jumpers (30 to 40
percent).
Further, disposal rates of criminal cases from selected courts in the period
January to November 2008 vary from 51 to nearly 90 percent. Provided below are
summaries of percent disposal rates of criminal cases from six (6) selected
districts.
Table 1.0 Percent Cases Disposed Relative to All Cases

in the Period Jan – Nov 2008
Lusaka Kafue Luangwa Siavonga Chisamba Mumbwa

51.0 61.4 89.6 47.4 82.7 64.9
2.4.2 Pre-trial Detentions
Section 202 of the Criminal Procedure Code of Chapter 88 of the Laws of Zambia on
Adjournment provides that:
“Before or during the hearing of any case, it shall be lawful for the
court, in its discretion, to adjourn the hearing to a certain time and
place, to be then appointed and stated in the presence and hearing of
the party or parties or their respective advocates then present, and, in
the meantime, the court may suffer the accused person to go at large,
or may commit him to prison, or may release him, upon his entering
into a recognizance, with or without sureties, at the discretion of the
court, conditioned for his appearance at the time and place to which
such hearing or further hearing shall be adjourned.
Provided that no such adjournment shall be for more than thirty clear
days, or, if the accused person has been committed to prison, for more
than fifteen clear days, the day following that on which the
adjournment is made being counted as the first day.”
This is, however, sometimes not adhered to, as is evidenced by the observed incidence
of prolonged pre -trial detention of Ernest Banda.
Banda, Ernest
Ernest, a suspect accused of robbery, in July 2008 asked the Legal Resources
Foundation (LRF) to secure his release from detention. Banda, who has been
in detention since 2005, last appeared in court in 2006 and allegedly has
been kept in prison without trial because his case record at court cannot be
found.

20
2.4.3 Individuals in Remand for Bailable Offences
Bail is some form of pledge, or money or property deposited to a court in order to

persuade it to release an individual remanded (or to be remanded) whilst on trial.
This is on the understanding that the individual will return for trial or forfeit the bail,
and be guilty of the offence of failure to appear on the expected date.
In terms of Zambian law, bail is granted at the discretion of the court as provided in
section 123 of the Criminal Procedure Code Chapter 88.
Section 123(1) of the Criminal Procedure Code Chapter 88 provides that:
“When any person is arrested or detained, or appears before or is

brought before a subordinate court, the High Court or Supreme Court
he may, at any time while he is in custody, or at any stage of the
proceedings before such court, be admitted to bail upon providing a
surety or sureties sufficient, in the opinion of the police officer
concerned or court, to secure his appearance, or be released upon his
own recognizance if such officer or court thinks fit: Bail
Provided that any person charged with:
(i). murder, treason or any other offence carrying a possible or

mandatory capital penalty;
(ii). misprision of treason or treason-felony; or
(iii). aggravated robbery;
shall not be granted bail by either a subordinate court, the High Court
or Supreme Court or be released by any Police Officer.”
Therefore, the factors considered when granting or refusing bail are defined in the
Criminal Procedure Code and in decided cases 4 , and these include:
(a) nature of the accusation against the accused person applying for bail and the
severity of the punishment which may be imposed;
(b) nature of the evidence in support of the charge;
(c) independence of sureties if bail were to be granted;
(d) prejudice to the accused person if he or she is not granted bail; and,
(e) the prejudice to the State if bail is granted.
4
As exemplified in the case of Oliver John Irwin v The People (1993-4) ZR 54 (HC)

21
Further, in securing an individual’s protection of the law, section 126 of the Criminal
Procedure Code provides that bail amounts are such that:
(1) The amount of bail shall, in every case, be fixed with due regard to
the circumstances of the case, but shall not be excessive.
(2) The court or police officer admitting a person to bail or releasing him
on his own recognizance may, in lieu of a bail bond, accept a deposit
of money, or a deposit of property, from any person who would
otherwise have had to execute a bail bond under the provisions of
section one hundred and twenty-three, and may attach to such
deposit such conditions as might have been attached to a bail bond,
and on any breach of any such condition such deposit shall be
forfeited.
(3) The High Court may, in any case, direct that the bail or deposit
required by a subordinate court or by a police officer be reduced, or
may vary or add to any conditions imposed under the provisions of
section one hundred and twenty -four.
Notwithstanding the foregoing provisions that seek to secure an individual’s

protection of the law, in 2008 there are incidences of individuals in remand for
offences for which bail could have duly been granted either because of their socio-
economic circumstances or lack of knowledge that they can apply for bail.
For instance, in Ndola Central Remand Prison, there are two hundred and eight-four
(284) individuals in Ndola Central Remand Prison. Eleven (11) are juveniles. Ninety
(90) of the individuals in remand are facing bailable offences, and most can either not
raise sufficient sureties, have not permanent domicile (no fixed abode)5, or the bail
was excessive.
Of these, there are incidents like:
Chikaka, Thomas
Thomas was arrested for theft on October 21, 2008 and first appeared before
the Court on October 28, 2008. Thomas was remanded in prison, because he
was not able to raise sufficient surety, as his uncle, a night guard, was not
granted authority to sign bail for him.
Musongo, Bright
Bright, a taxi driver, was arrested for causing death by dangerous driving in
December, 2008 and first appeared before the Court the same month. Bright
5
The residence where you have your permanent home or principal establishment and to where, whenever you are
absent, you intend to return. In law every person appearing before a Court is assumed to have one and only one domicile
at a time.

22
was remanded in prison, because he could not afford the cash bail of
Kwacha 2.5 million that he was given.
Further,
Banda, Julius - Namseche Prison, Chipata

Julius was arrested in Chipata on September 9, 2008 charged with house
breaking and theft, and first appeared before the Court on the 12th of the
same month. Julius was remanded in prison, because bail was denied, even
though he is HIV positive. Julius had no access to ARVs for two months.
Mizi, Chalton - Namseche Prison, Chipata

Chalton was arrested on October 20, 2008 charged with being in possession
of a prescribed government trophy. He appeared before the Court on
November 15. Chalton was remanded in prison because his application for
bail was denied because similar offenders often jumped bail as there have
no permanent domicile.
2.4.4 Abuse of Court Authority
The Judicial (Code of Conduct) Act No 13 of 1999 secures an individual’s protection of

the law by prescribing behaviours not expected of judicial officers in their pursuit of
judicial duties and or outlawing abuse of court authority.
For instance Part III (II(1) of the Code, extra-judicial activities, provides that:
“A judicial officer shall not conduct activities outside the office that—
(a) create conflict with judicial responsibilities;
(b) create doubt on the officer's capacity to act impartially as a
judicial officer;
(c) bring the integrity, independence and impartiality o f the
Judicature into disrepute; and,
(d) interfere with the proper performance of judicial duties.”
Contrary, to the foregoing, in 2008, two incidences of abuse of court authority are
observed. These are:
In Samfya
In October, Judy Kabona (who was pregnant at the time) was picked up
from her home almost naked and handcuffed by a Sokontwe Local Court
clerk in Samfya for contempt of Court. Kabona was kept under house arrest
for seven days, in the court clerk’s house. [Source; LRF]
In Kapiri Mposhi

23
In April, a Kapiri Mposhi magistrate detained Rachel Bwalya (19) and her
nineteen (19) month old baby for alleged contempt of court. The magistrate
alleged that the crying of the infant, who lived with Bwalya near the court,
disturbed court proceedings. Bwalya was released only after her mother
paid a fine of kwacha two hundred and fifty thousand (250,000.00). Bwalya
filed a complaint demanding compensation from the magistrate for
unlawful detention.
2.4.5 Delayed Justice and Miscarriage of Justice
As noted earlier, Article 18(1) of the Constitution of Zambia, Provisions to Secure

Protection of Law, provides that:
“If any person is charged with a criminal offence, then, unless the
charge is withdrawn, the case shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by
law”.
This therefore entails that an individual should not be subjected to undue trial delays
in seeking the protection of the law, and further that an individual should duly be
accorded the full pro tection of the law even with respect to appeal hearings.
There are, however, incidences of delayed justice, miscarriage of justice, and delayed
appeal hearings, in 2008.
The recorded incidences are:
Ndola Central (Remand) Prison
Mkandawire, Samuel
Samuel Mkandawire was arrested by police in Ndola on February 3, 2008
for defilement. He was convicted by the Ndola Subordinate Court and
committed to the Ndola High Court for sentencing. On June 24, 2008, the
High Court established that the lower court trial was defective and that
there should be a re -trial. Samuel is in remand in Ndola Central (Remand)
Prison, and has not appeared for re-trial since June 24, 2008 when the High
Court referred the case back as the Prison Authorities have not received his
indictment.
Kanika, Tresfold
Tresfold Kanika was arrested for rape in Ndola on May 27, 2008. He was
convicted by the Ndola Subordinate Court and committed to the Ndola
High Court for sentencing. On October 13, 2008, the High Court referred the

24
case back to the lower court for re -trial. Re-trial has since not commenced as
Tresfold has not been re-allocated for re -trial. Tresfold is in remand in
Ndola Central (Remand) Prison.
Kabwe Maximum Prison

There are one hundred and sixty seven (167) male deathrow inmates in
Kabwe Maximum Prison whose appeal cases are still pending before the
Courts. The appeals range from those pending for over ten (10) years to a
couple of months.
Incidences of appeals of male deathrow inmates pending for five (5) years
and longer are provided in Appendix II.
The appendix shows that slightly over two thirds of the deathrow inmates
have their appeals pending for five (5) years or more. Seven point eight (7.8)
percent of the deathrow inmates have had their appeal cases pending for
ten (10) years and more, and 28.7 percent have been pending for between
ten (10) years and five (5) years.
In Senanga - Sishekanu, Sandra

On July 14 2006, Sandra Sishekanu was allegedly raped by a court
interpreter at Senanga subordinate Court offices. Sandra reported the
matter to Senanga police, but officers declined to take up the matter.
She proceeded to hospital where she was attended to and the doctor’s
findings were recorded and later handed over to the police the same day,
but nothing was done. Each time she made a follow up on the case, she was
slapped with “dreamed up” charges.
Sandra was detained on January 22 to 23, 2007 and on February 6 to 23, in

the same year.
In January 2008, she was charged with an offence of using abusive language
and co nvicted for five months which she served until April 17, 2008.
In Kasama - Chilufya, Pamela

Pamela was wrongly convicted and sentenced to two (2) years
imprisonment for abortion. Pamela was convicted in November 2006 while
she was four (4) months pregna nt. Five months into her sentence she gave
birth in prison. The records at prison indicate that Pamela was signed in on
December 6, 2006. The Officer- in -Charge confirmed that Pamela gave birth
while serving her two year sentence at Chinsali Prison.

25
The Doctor confirmed Pamela was four (4) months pregnant. However, the
medical evidence was not given in court by the prosecution despite the
Doctor’s expert evidence given to them. The trying Magistrate did not also
bother to request for evidence from the Doctor and further accused Pamela
of incriminating herself by deciding to remain silent throughout the
proceedings.
2.5 Retrospect
It has been recognised in this chapter that the importance of the judiciary in the rule
of law and the realisation of human rights is, chiefly, its role in protecting human
rights by way of due process and effective remedies. However, the incidences in 2008
show that in Zambia, this role is not sufficiently fulfilled as the judiciary is
functioning under very constrained institutional support.
The lack of adequate courtroom space, for instance, inevitably results in undue delays
in the disposal of cases and thus constraining an individual’s fulfilment of the right to
a speedy trial.
In retrospect, it can be argued that the insufficient institutional infrastructural

support, abuse of court authority, miscarriage of justice and delayed appeal hearings,
ultimately show that individual liberties that are supposed to be protected by the
judiciary are instead violated.

26
CHAPTER THREE
THE P OLICE
AND H UMAN R IGHTS P ROTECTION
“Even though police officers are not experts in the area of human rights, they
are aware of what is right and what is wrong… They know that people’s rights
are supposed to be respected and protected… It is sad that human rights are
misunderstood by members of the public. They think that they can do whatever
they want, hence the need for both the Police and the Human Rights
Commission to educate them so that they understand how they should also
have regard for other people’s rights.”
– narrative from a Division Commanding Officer, Zambia Police Service
3.1 Introduction
The police have the responsibility of protecting life and property, and are the
preservers of law and order. This makes the police a critical institution in
constitutionalism, upholding rule of law, and human rights protection. However, as
shall be seen in this chapter and the succeeding chapter, there is evidence that police
conduct towards individuals seeking recourse of the law is undesirable.
This chapter provides observations on the role of the police in human rights
protection, the law providing for policing, institutional and occupational conditions,
and public perceptions of the police in Zambia.
3.2 The Zambia Police Service - the Law, Conduct, and Conditions
3.2.1 The Law
Article 103 of the Constitution of Zambia provides for a police force termed the
Zambia Police Force 6 . The succeeding article 104, defines the functions of the Zambia
Police Force as to:
(a) protect life and property;
(b) preserve law and order;
(c) detect and prevent crime; and,
(d) co-operate with the civilian authority and other security organs established
under this Constitution and with the population generally.
The Zambia Police Act, Chapter 107 of the Laws of Zambia defines the composition,
administration, powers, duties, discipline, and privileges of police officers. The
6
The term Zambia Police Force is no longer used, even though that is what is in the Constitution and the Police Act. It
is now commonly referred to as the Zambia Police Service. The service falls under the Ministry of Home Affairs and is
headed by an Inspector General of Police.

27
Inspector-General provides “the command, superintendence, direction and control of the

Force”. The law provides that the Inspector-General provides an enabling environment
with respect to governance of police officers in relation to among other issues police
training, clothing, equipment, and accommodation. The enabling environment aims at
“promoting efficiency and discipline of police officers in the disc harge of their duties”.
3.2.2 Police Conduct
The fundamental law that governs State agents’ conduct, like that of the police, is the
Constitution of the republic. This is in particular recognition and affirmation of the
provisions of the Bill of Rights. That is Part III, Protection of Fundamental Rights and
Freedom of the Individual.
Further, Part VI of the Zambia Police Act defines police discipline and conduct. The
part, also indirectly, defines police conduct towards the public or individuals.
Police conduct towards the public or individuals is provided in Section 30, and is
defined as “a police officer below the rank of Assistant Superintendent commits an offence
against discipline if he is guilty of –“:
(a) discreditable conduct, he or she acts in a disorderly manner, or in any manner

prejudicial to discipline or likely to bring discredit on the reputation of the
Force (subsection (d)(i));
(b) unlawful or unnecessary exercise of authority, he or she
(i) without good and sufficient cause makes any unlawful or unnecessary
arrest;
(ii) uses any unnecessary violence to any prisoner or other person with
whom he/she may be brought into contact in the execution of his duty;
(iii) is uncivil to any member of the public. (subsection (h);
(c) any other act, conduct, disorder, or neglect to the prejudice of good order and
discipline not hereinbefore specified. (subsection (q);
In 1999, the Zambia Police Act was amended to strengthen police conduct towards the
public or individuals, as the existing provisions did not spell out adequ ate redress or
complaint processes for individuals that are victim s of police misconduct.
Hence, the Police Public Complaints Authority was established under Section 57 B of
the Zambia Police Amendment Act No. 14 of 19997 . The Police Public Complaints
Authority is presently the institution to which complaints against police actions and
those, which result in serious injury, or death of a person can be lodged.
7
It was, however, only in 2003 that the Authority was set up.

28
The powers of the Authority as provided in Section 57H of part XA are to investigate
all complaints referred to it by:
(a) An aggrieved person directly affected by police action;

(b) An association acting in the interests of its members; and,
(c) A person acting on behalf of an aggrieved person, body or organisation.
Further, section 57I provides that:
"A person who has a complaint against a police officer may within two (2)
years of occurrence of the incident that gave rise to he complaint, lodge it
with either the secretary of the Complaints Authority, the principle officer
of the local authority in the area where the incident or circumstances giving
rise to the complaint occurred; or the inspector-general or the officer in
charge of a police station or post."
The Authority submits its findings and recommendations to the Director of Public
Prosecutions, Inspector General of Police and the Anti -Corruption Commission.
Noteworthy, is that the Authority’s recommendations do not necessitate
enforceability/compliance. These institutions are not under obligation to comply with
recommendations made.
In addition, the Service has a police professional standard unit which was established
in July 2003. The Unit investigates cases of corruption, arbitrary arrests and detention
and other unprofessional behaviour within the police service. The professional
standard unit has power to recommend action against a police officer(s) found guilty
of police misconduct.
At the international level, police conduct is defined in international agreements. At a

sub-regional level police conduct is governed by the Southern African Regional Police
Chiefs Co-operation Organisation (SARPCCO)8 Code of Conduct for Police Officials. The
Code has provisions aimed at upholding principles like “respect for all human life;
reverence for the law; integrity; service excellence and respect for prope rty rights”.
Article 1 of the Code on respect for human rights, for instance states that:
“In the performance of their duties, police officials shall respect and protect
human dignity and maintain and uphold the human rights, including
property rights, of all persons.”
8
SARPCCO is an international independent Police organisation covering Southern Africa
Development Community (SADC) countries, except Democratic Republic of Congo (DRC)

29
The Code also prohibits torture, cruel, inhuman or degrading treatment. This is
provided in Article 4, which states that:
“No police official under any circumstances, shall inflict, instigate or

tolerate any act of torture or other cruel, inhuman or degrading treatment or
punishment to any person.”
And noteworthy in the context of this Human Rights Report is Article 7, respect for
the rule of law and code of conduct. Article 7, states that:
“Police officials shall respect and uphold the rule of law and the present
Code of Conduct. They shall also, to the best of their capability, prevent and
rigorously oppose any violations of them.”
The Southern African Regional Police Chiefs Co -operation Organisation (SARPCCO) Code
of Conduct for Police Officials is provided in Appendix III.
At the international level, the UN Code of Conduct for Law Enforcement Officials
adopted by General Assembly resolution 34/169 of December 17, 1979, constitutes
articles seeking to guide police conduct towards individuals or the public. For
instance Article 5 provides that:
“No law enforcement official may inflict, instigate or tolerate any act of
torture or other cruel, inhuman or degrading treatment or punishment, nor
may any law enforcement official invoke superior orders or exceptional
circumstances such as a state of war or a threat of war, a threat to national
security, internal political instability or any other public emergency as a
justification of torture or other cruel, inhuman or degrading treatment or
punishment.”9
Observations of police conduct in 2008 within the Police Public Complaints Authority
(PPCA) framework shows that there were sixty four (64) complaints of police
misconduct received in the period January to June. These varied from unlawful
detention, unprofessional conduct, police brutality, police inaction, abuse of
authority, and to deaths in police custody.
9
Note this prohibition is from the Declaration on the Protection of All Persons from Being Subjected
to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General
Assembly, according to which: "[Such an act is] an offence to human dignity and shall be condemned
as a denial of the purposes of the Charter of the United Nat ions and as a violation of the human rights
and fundamental freedoms proclaimed in the Universal Declaration of Human Rights [and other
international human rights instruments]."

30
Further, in May police unprofessional conduct was exhibited when police shot and
injured two University of Zambia students in Lusaka. The students were
demonstrating against their low government sponsored living allowances. Police used
live bullets to disperse the students.
3.2.3 Institutional and Occupational Conditions of the Police in Zambia
(a) General Observations

The police’s respect and adherence to constitutionalism, rule of law, and human rights
protection is not only a function of prescription of the law like the Police Act, but also
a function of their institutional and occupational conditions.
To qualify for training as a police officer at the Zambia Police Training College in
Lilayi, Zambia Police School of Public Order and Maintenance (Kamfinsa, Kitwe) and
the Paramilitary Training Camp, Lilayi an individual has to have a Grade 12 full
certificate. The training regime for police officers at these colleges has recently been
reviewed to include human rights law as a subject. Police training takes six (6) to
twelve (12) months, and during this period trainees take classes in simple human
rights issues. No on-the -job instru ction or in-service training in human rights
education is provided after a police officer graduates from the college. Inadequate
resources, have been cited as constraining intended in-service human rights training.
Police emoluments (wages) are determine d concurrently with those of the public civil
service. The emoluments are comparable to public service wages in sectors like
education. When compared to, for instance, the total basic needs basket for a family of
six 10 of about Kwacha one million one hundred thousand (ZMK 1, 100,000.00 11 ) for
Lusaka, police emoluments are just sufficient for provision of minimal sustainable
livelihoods, which is unlikely to result in well motivated public servants.
Gross monthly emoluments of middle to lowest rank in the Police Service, (that is
Superintendent, Assistant Superintendent, Chief Inspector, Inspector, Sub -Inspector,
Sergeant, to Constable) are from about Kwacha two million three hundred thousand
(ZMK 2, 300,000.00) to Kwacha one million one hundred and seventy thousand (ZMK
1, 170,000.00).
The net salaries in the same rank range vary from about Kwacha one million nine
hundred (ZMK 1, 900,000.00) to Kwacha one million two hundred (ZMK 1, 200,
000.00), when inclusive of housing allowances 12 .
Housing allowances, in this range of officers ranges from Kwacha three hundred and
sixty thousand (ZMK 360, 000.00) to Kwacha two hundred thousand (ZMK 200,
10
That is the Jesuit Centre for Theological Reflection (JCTR) basic needs bas ket (BNB) monthly calculations.
11
This is less the addition of ZMK 800,000.00 for medium density housing used in the actual calculations.
12
Exclusive of micro -loans from institutions like Bayport

31
000.00). These allowances lead to unsustainable livelihoods for police officers in most
urban and bigger rural stations as they are below the commercial rental prices for
descent accommodation. This is worsened by the lack of adequate accommodation
within police camps.
Appendix IV provides sample emoluments for Superintendent, Assistant

Superintendent, Chief Inspector, Sub-Inspector, and Constable.
In addition, the police are understaffed. The targeted numbers of officers of about
27,000 police officers is met to only about fifty (50) percent staffing level.
Further, most police stations and police posts have no means of transport or adequate
fixed line telecommunication facilities. In most Stations fixed line telephone facilities
have been disconnected for failure by the Police Service to settle phone bills. While in
other cases such telecommunication facilities are enti rely non-existent. Police officers
use personal mobile phones for communication purposes during investigations and
other duties. Members of the public have to use the toll free 991 to call most police
stations as fixed line telephone facilities are non-existent. This results in delayed
police response as the toll free is monitored at the district headquarters.
Stationery is rarely provided and when it is provide it is always inadequate. In some

cases, members of the public or complainants have to provide stationery.
Photocopying facilities are non-existent in most Stations.
Noteworthy is that, the foregoing inadequate conditions and limitations in

institutional support are chiefly because of persistent inadequate government funding
to the Police Service, and internal inequities in resource allocation like motor vehicles.
(b) Specific Observations
“Whenever we receive a complaint, we relied on well wishers to provide us

with transport. At night, when the reliable well wishers were asleep, we could
not do anything even if the matter reported is urgent.” – narrative from a
Station Officer -in Charge, Zambia Police Service.
Following the general observations provided in the preceding sections, specific

observations on conditions of the police in Zambia are here provided from selected
districts. The districts are Kabwe, Kitwe, Mongu and Ndola.
Kabwe
Chowa Police Station
The Station has an establishment staffing level requirement of one hundred
(100) officers. The current staffing level is fifty (50) officers.

32
The station has one motor vehicle and a single fixed line telephone
extension that only has receiving functionality. Stationery and fuel is
erratic, with officers always requesting clients/complainants to make copies
for themselves as photocopying facilities are non-existent.
Kabwe Central Police Station

Kabwe Central Police Station has an establishment staffing level
requirement of two hundred (200) officers. The current staffing level is
eight-nine (89) officers.
The Station has no motor vehicle, fixed line telephones, and stationery
supplies are insufficient.
Kasanda Police Station

Kasanda Police Station has forty (40) officers out of an expected
establishment staffing level requirement of one hundred and thirty (130).
The station has no transport and fixed line telephone. Water is irregular,
and officers often resort to drawing water from a well.
Kitwe
Garnerton Police Station
The Station and its outlier posts has an establishment staffing level
requirement of one hundred and twenty (120) officers , but is staffed with
twenty -two (22) officers. The Station has one (1) office and an enquiries
office improvised under a tree. There is no staff accommodation within
vicinity of the Station. Accommodation is provided at Mindolo Police
Station which is about twelve (12) kilometres away.
The Station does not have vehicles or motorbikes for its operations or for
mobility in investigations. Communication facilities are inadequate as there
is no fixed line telephone facility.
In addition, the Station seldom has official stationery supplied. Further, the
Station has no holding cells for persons being detained awaiting charge or
investigations.
Kitwe Central Police Station

The Central Police Station has seventy eight (78) officers out of an expected
establishment staffing level requirement of one hundred and ten (110). Staff
accommodation is inadequate, as most officers share the available houses.
Some junior officers live in shelters that were once used for keeping police
horses.

33
The Station has one barely functional vehicle, a disconnected fixed line
telephone, and sources its own stationery.
Mindolo Police Station

Mindolo Police Station has an establishment staffing level requirement of
one hundred and two (102) officers. The current staffing level is sixty -nine
(69) officers, with an unknown number of reservists. Staff accommodation is
inadequate, as most officers share the available small houses.
The Station has no motor vehicles, and no fixed line telephone facility.
Wusakili Police Station

Wusakili Police Station has an establishment staffing level requirement of
one hundred and sixty (160) officers. The current staffing level is seventy-
two (72) officers, which includes officers in the seven (7) police posts under
its jurisdiction.
The Station has two (2) vehicles. Fuel for the vehicles is always insufficient
and non-existent in some periods. The station has one fixed line telephone
facility in the officer-i n-charge’s office.
Mongu
Namushakende Police Post
Namushakende Police Post has four (4) police officers, with a jurisdiction
coverage of about 50 kilometres. The officers work an average of seventeen
(17) hours a day.
The police post does not have transport and depends on Mongu Police
Station. The officers sometimes have no option but to use their own
resources when following up cases. The Post has a fixed line telephone
facility.
Limulunga Police Post

Limulunga Police Post has an establishment staffing level requirement of up
to thirty (30), but has eight officers.
The Post has a vehi cle, but fuel supply is erratic. There is no fixed line
telephone facility available at the Post.
Sefula Police Post

The Post has five (5) officers covering the whole of Sefula. The officers work
an average of eleven (11) hours a day.

34
Sefula Police Post is an old station in an inhabitable state, with one office
being used as “a house” for one of the officers.
The Post does not have motor vehicles to facilitate investigations or

responding to crime. Officers walk for up to eight (8) hours when seeking to
apprehend suspects. Officers also use transport provided by members of the
public.
There is no fixed line telephone facility available at the Post, and stationery
is a rarity.
Litulelo Bus Stop Police Station

The Station has nine (9) officers. The average working day is eight (8) hours ,
but sometimes they work up to 16 hours.
The station does not have transport and officers sometimes use transport
provided by complainants.
There is no fixed line telephone facility available at the Post, and stationery
is provided by individual officers.
Ndola
Ndola Central Police Station
Ndola Central Police Station has an establishment staffing level requirement
of one hundred and twenty (120) officers. There are fifty two (52) officers,
who are subjected to double shifts and long hours of work due to the
inadequate staffing level.
The Station has one unreliable vehicle (mostly its being repaired), and when
functional, fuel is seldom available. The Station has no functioning fixed
line telephone facility as the existing lines have been disconnected for lack
of servicing the bills.
Kansenshi Police Station

This Station has fifty three (53) officers against a required establishment
staffing level of eighty (80). Junior officer housing accommodation is shared
betwee n families.
The Station has no transport. Its transport needs are on requisition from the
Provincial Headquarters. The Station has a fixed line telephone facility with
receiving functionality only.

35
3.3 The Police and the Public – Voices from the Public!
3.3.1 Introduction
This section provides observations on police conduct based on narratives from field
interviews with members of the public. The interviews were undertaken in Chipata,
Kabwe, Kasama, Kitwe, Livingstone, Lusaka, Mongu and Ndola. A total of one
thousand three hundred and sixty four (1, 364) individuals with varying demographic
attributes were interviewed.
Section 30 of the Zambia Police Act defines police misconduct as when a police
officer13 :
(a) acts in a disorderly manner, or in any manner prejudicial to discipline or

likely to bring discredit on the reputation of the Force;
(b) he or she uses unlawful or unnecessary exercise of authority, that is without
good and sufficient cause makes any unlawful or unnecessary arrest, uses
any unnecessary violence to any prisoner or other person with whom
he/she may be brought into conta ct in the execution of his duty, and is
uncivil to any member of the public; and or,
(c) behaves in a manner to the prejudice of good order and discipline.
Individuals interviewed show that public perceptions of the police are not desirable.
This is mostly because of the manner in which the police interact with members of the
public. Police conduct in their interaction with the public is mostly in violation of
their own codes of conduct or discipline provisions 14.
Noteworthy however, is that individuals that have the least contact with the police,
tend to have slightly comparatively more positive perceptions of police conduct.
The general perception of the police by individuals is that they are corrupt, abusive,
brutal, and that rather than protecting rights, police officers violate the rights of
individuals.
Further, although, registering complaints is the starting point for investigations into
crimes and abuses, and the first step towards redress made by those seeking justice,
this is seldom fulfilled. Individuals observed that filing complaints at police stations is
a complicated and even dangerous exercise as one can end up being detained instead.
The succeeding section consequently provides verbatim narratives of experiences of

police misconduct from some districts in Zambia.
13
That is a police officer below the rank of Assistant Superintendent.
14
As also provided in section 3.2.2 of this Report .

36
3.3.2 The Voices
The following verbatim narratives of individual’s experiences with police misconduct

are produced as they were recorded in the field. Italics are used where corrections are
essential and also to provide observations on the incident recorded.
The verbatim narratives are from Chipata, Kabwe, Kasama, Kitwe, Livingstone,
Lusaka, Mongu and Ndola.
Chipata
“Thieves! They are always arresting us for traffic offences and we pay them
not to take (us) to the police to avoid paying more.
I took a complaint to them and the (y) said they had no paper and that
Occurrence Book had finished.
Every time we meet traffic officers they insult us as transport officers and
treat us like we are dogs.”
– 22 year old male. Occupation: Bus conductor.
“My son was locked up without a charge for a night without getting a
statement from him on what really happened.”
– 60 year old male. Occupation: Accountant.
“In September 2007, arsonists poured paraffin in my lounge. Matter was

reported but to date no investigations have been conducted.”
– 46 year old male. Occupation: Director.
Kabwe
“When I went to report the breaking of my house by thieves, the offi cers
were unconcerned and even refused to take my complaint down saying
they had no paper. It’s because of the police that no justice will always be
there. I feel a lot should be fired.”
– 32 year old female. Occupation: Assistant Manager.
(Complaint was submitted to a senior officer. Respondent notes that nothing was done, and they
forgot about it)
“The traffic officers normally look for faults in our work and even demand
that in addition to paying them we drive them around.
I was arrested for loitering yet I was coming from funeral with my sisters
and I was even slapped and required to pay a guilty fine of K 100, 000”
– 26 year old male. Occupation: bus driver .

37
“Corrupt people!
My young brother was arrested for buying a stolen phone from the street.
He was beaten and detained for 3 days. He was released after three days
and CIO apologised for the officers actions.”
– 27 years old male. Occupation: Accountant.
(Complaint was reported)
“Rude and abusive. I went to file a complaint and they talked to me like I
was (a) fool and in the end they said that the O.B was full.”
- 26 year old female. Occupation: Cook.
(Respondent reported incident to Officer in Charge, who promised to act).
Kasama
“The suspects are kept for many days without trial in the police cells. One
of the suspects (a close person) got very sick while in the police cells. No
proper attention was given.”
– 37 year old female Occupation: Lecturer.
“They are hardworking.”

- 53 year old male. Occupation: Plumber.
“A traditional healer came home and picked up a quarrel with my husband.

In a drunken mood, he beat him up and the healer rushed to the police and
my husband was in cells for a week, then the police ordered that they agree
that the healer be given K 95,000.”
– 36 year old female. Occupation: Marketeer.
“They (are) corrupt because they solve matters depending on who has
money.
My relative was arrested for having not returned a K10,000 debt he owed
his friend. When he finally paid the K10, 000 while in the cells he was told
by (the) police to pay K50, 000 before he was to be released.”
– undisclosed age, female. Occupation: Marketeer.
“Police officers from @@@! police post usually come to arrest us and put us
in cells whenever they find us drinking beer.”
– 43 year old male. Occupation: Subsistence farmer.
Kitwe
!
The names of the specific Police Stations/Posts have been withheld to safeguard the safety of the persons submitting.

38
“Traffic police just emerged from nowhere and assumed the roadblock was
well mounted so they charged @@@ (my) husband. (On reporting incident)
They are one and the same people so its pointless”
– 27 year old female. Occupation: Development officer.
“I was detained at @@@ police for being found late walking home after
knocking off from work”
– 30 year old male. Occupation: Miner.
Livingstone
“I just asked one of the officers what my brother had done and he answered
me roughly saying I should just get out.”
– 16 year old female. Occupation: Pupil.
“A close relative reported a wife battering case/husband threatening to kill

her but was told to go back and come the following day when her life was
in danger.”
– 30 year old female. Occupation: Secretary.
“Most are corrupt and abuse the power they have by victimising members
of society. A police officer in uniform started calling me a prostitute (and)
when I told him to have respect because he didn’t know me, he attacked me
and arrested me.”
– 23 year old female. Occupation: Student nurse.
“My friend’s car was impounded because he stopped a few metres ahead of
the officers who stopped him due to that he couldn’t make brakes there and
then. He was charged for ‘faluir (failure) to obey.”
– 25 year old female. Occupation: Librarian.
“When I was involved in an accident. The police refused me to see a doctor

but wanted me to wait for them to write a report.”
– 26 year old male. Occupation: undisclosed.
Lusaka
“Bad people. I was caught urinating in public (in Kabwe), and the police at
@@@ station beat me up, the(y) called it toilet training, so that next time I
will hold my urine till I get home. I was released the following day after my
boss paid my guilty fine of K27, 000.”
– 24 year old male. Occupation: Garden boy.

39
“I personally arrested a thief, but when I took him to the police they told me
to bring him back the following day.”
– 40 year old male. Occupation: Shop Manager.
“I was threatened by a police officer when I gave evidence of what I saw

during an accident.”
– 36 year old female. Occupation: Teacher.
(Incident was reported to another police officer, and respondent was satisfied with outcome)
“I reported a case in which I lost a car, but they could no t write any details
because of shortage of stationery so I went to Chelstone to report.”
– 35 year old female. Occupation: Company secretary.
“I took a complaint and the officers did not seem interested, and used bad
language towards me.”
– 40 year old female. Occupation: Teacher.
“It was during or towards Christmas time, when I knock (ed) off from work
around 22:30hrs. I showed them my I.D., but they insisted and locked me in
cells. They got all the money, used all my talk time in my phone amounting
to K85, 000.”
– 32 year old male. Occupation: Field monitor.
“We were tear-gassed in a police cell.”

– 38 year old male. Occupation: Lecturer.
Mongu
“I had been locked in cells when a thief was beaten by a mob and he had
broken into my house…Due to the bad conditions in cells and the remand
cells I contracted TB”
- 41 year old male. Occupation: Stores Assistant.
“I was alleged of marriage interference and the police tortured me in order

to get information leaving me with a fractured limb”
- 20 year old female. Occupation: Student.
“I was caught idling last year and they wanted to have sex with me”
- 34 year old female. Occupation: Bar Maid.
“I was arrested on a mere allegation which was a bailable offence but the
police kept blocking my bond until I paid them”
- 32 year old male. Occupation: Economist.
Ndola

40
“My brother had made an offence and they came into my house without
permission and identity.”
– 24 year old female. Occupation: Businesswoman.
“I was picked and locked up with insufficient evidence only to find out the
offender was my neighbour.”
– 43 year old male. Occupation: Marketing manager.
The foregoing verbatim narratives show that the role of the police in rule of law and
human rights protection is likely constrained by their conduct towards members of
the public and individuals, and the indeed the resulting perceptions thereof. It is,
however, important to note that most police stations and division commands
surveyed within 2008 indicate that they receive minimal to no complaints on
experienced police misconduct. The police further note that the complaints sometimes
do not merit investigations as they tend to be imprecise.
3.4 Retrospect
In this chapter it is recognised that the Zambia Police is a critical institution in

constitutionalism, rule of law, and human rights protection. The police contribute to
the protection of all human rights by maintaining social order so that individuals can
enjoy their rights and freedoms.
However, the reality is different, undesirable and impedes the fulfilment of individual
liberties and observance of rule of law. First, institutional support frailties observed in
the year 2008 have a constraining influence on effective and efficient police pursuit of
their roles and responsibilities. Inadequate training regimes, lack of adequate
communication facilities (vehicles and telephones), inadequate and poor
accommodation, emoluments sufficient only for minimal sustainable livelihoods
inherently undermine police performance in hu man rights protection and rule of law.
Further, there are evident inequities in resources allocations between central

administrative offices and operational offices. Police administration command centres
(and individuals there thereof) tend to have more vehicles than the outliers.
In addition, this chapter shows that most police stations are understaffed , and
therefore, forcing officers to work longer hours resulting in their inability to
efficiently and effectively carrying out their duties of law enforcement and human
rights protection.
Notwithstanding, the institutional weaknesses, the conduct of the police themselves is

seriously wanting. Police officers have a central role in human rights protection as

41
they are constantly in contact with individuals from all social classes. It, therefore, is
crucial that they exhibit professionalism as prescribed by the law under which they
function, and indeed the constitution.
Lastly, verbatim narratives from filed surveys in the country have shown that police
conduct is crude, unbecoming and likely resulting in a continually widening gap of
confidence between the police and the public. It is imperative that, in exercise of their
responsibilities towards individuals that contravene the law, the police should always
act within the prescribed provisions of the law.

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CHAPTER FOUR
INDIVIDUAL RIGHTS
4.1 Introduction
This chapter is, in part, a sequel to chapter three. Chapter three showed that the police
in Zambia, in 2008, had severe occupational limitations in carrying out their duties.
This, hence, constrained the police’s ability to dutifully carry out the responsibility of
protecting life and upholding the rule of law.
This chapter provides observations in 2008 with respect to individual rights and
freedoms. The rights considered are right to life, right to personal liberty, protection
from inhuman treatment, and freedom of assembly.
The chapter provides evidence that in 2008, police conduct towards individuals and or
members of the public is still undesirable, and there are consistent violations of
individual rights and freedoms.
Incidents of arbitrary or unlawful deprivation of life (unlawful killings); unlawful

arrests, detentions and torture; observations on the condition of detention centres; and
freedom of assembly, were considered.
4.2 Arbitrary or Unlawful Deprivation of Life (Unlawful killings)
Article 12 of the Constitution of Zambia guarantees protection of right to life. The article
states that:
“No person shall be deprived of his (her) life intentionally except in

execution of the sentence of a court in respect of a criminal offence under
the law in force in Zambia of which he has been convicted” 15 .
From the foregoing provisions, it is undeniable that the right to life recognises that
every human being has an essential right to live. That is, no human being shall be
arbitrarily deprived of his/her life.
However, in 2008 there were incidents where individuals were arbitrarily deprived of
their life. Recorded incidents of arbitrary deprivation of life are provided in the
succeeding paragraphs.
15
Constitution of Zambia, Article 12 (1)

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January, 29.
Mulala, Munalula - Lusaka
Munalula was killed when a police officer opened fire on a charcoal truck
he was in, after it immediately left a charcoal levy point. A police officer,
Anderson Yabe, was arrested and charged with manslaughter. In April, the
officer was sentenced to seven years imprisonment after finding him guilty
of shooting Munalula to death and for seriously wounding another person.
(LRF)
April.
Nyanga, Alfred - Mumbwa
Alfred was allegedly handcuffed and beaten to death by police officers
while in custody in Mumbwa. Two police officers were arrested over the
incident, and investigations instituted.
May 29.
Chimwang'a, Robert - Mwinilunga
Robert was on May 29, allegedly beaten to death by police officers while in
police custody. Investigations were instituted.
4.3 Unlawful Arrests and Detentions
The law provides that law enforcement authorities obtain a warrant before arresting a
person for some offences. Offences like treason, sedition, defamation of the president,
unlawful assembly, or abuse of office, however, do not require a warrant.
Article 13 of the Constitution provides that “No person shall be deprived of his personal
liberty except as may be authorised by law…”16 and that “Any person who is unlawfully
arrested or detained by any other person shall be entitled to compensation therefore from
that other person”17.
However, in 2008, unlawful arrests and detention remained problems, as evidenced

below.
February 29.
Ndonji, Joseph – Lusaka
Joseph was apprehended at his house around 0500hrs on February 29 and
asked by police officers to lead them to his brother’s house. He was
detained in police cells together with his brother and released after three (3)
days without explanation or being charged.
16
17

44
Joseph was beaten by a police officer using a gun butt whilst in police
custody.
June 28.
Banda, Mabvuto – Katete.
Mabvuto was arrested on June 28 for allegedly stealing a television set. He
was kept in custody for over a month. The arresting officer kept Mabvuto
in police cells for sixteen (16) days, before transferring him to Katete State
Prison. “His transfer was, according to the police, an act of charity. At least in
prison, he would be fed, whereas in police cells, he could die of hunger before he got
his day in court”. Mabvuto was released because of insufficient evidence.
(LRF).
July.
Nailuli, Monde– Mongu.
Monde was detained together with her children by the police at Mongu
Central Police Station. She had gone to the Station to report her two missing
children. The children had already been picked by a taxi driver and taken
the police station. Nailuli was released after three (3) days, and had her hair
shaved off. She was asked to pay a fine of kwacha twenty thousand (K20,
000). (LRF).
4.4 Torture
Article 15 of the Constitution protects individuals from inhuman treatment, which

includes torture, by prescribing that “No person shall be subjected to torture or to inhuman
or degrading punishment or other like treatment”, together with Article 14(1) which
prohibits slavery. This is not subject to any limitation under the Bill of Rights.
From an international perspective, Article 7 of the International Covenant on Civil

and Political Rights states that “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment”.
And, Article 5 of the African Charter on Human and People's Rights states, "Every
individual shall have the right to the respect of the dignity inherent in a human being
and to the recognition of his legal status. All forms of exploitation and degradation of
man particularly slavery, slave trade, torture, cruel, inhuman or degrading
punishment and treatment shall be prohibited."
Torture still continues to be evidenced in the country. For instance,
On July 19.
Edward Chanda was picked by police officers while at the Provincial
Agricultural Show in Kasama and taken to the Police Station where he was

45
badly beaten on arrival by a police officer. The police officer allegedly used
a plank that had a nail in it and inflicted serious injuries on the Edward’s
left palm.
Edward had, in the previous month, been unlawfully detained at Kasama

Central Police Station cells for thirty (30) days without being taken to court
for trial and was released without charge.
and in September.
Charles Landilani Phiri was tortured and detained in police cells in
Nakonde for reversing his light truck into a car that had parked behind his
vehicle without his knowledge. One of the occupants of the car was a police
officer. The police officer came out of the car and started beating him up for
hitting into the vehicle. The police officer then took Charles to Nakonde
Police Station and detained him in the cells.
Charles reported that while in the cells, the same police officer ordered the
inmates to beat him up.
Charles was later charged with careless driving and failing to obey lawful
instructions. He paid admission of guilt and was released from custody.
Weeks later, Charles went to the Police Station to report the loss of a battery
from his truck. He found the same police officer man, and the officer
instructed that Charles be detained. He remained in custody for one night
and was released the following day after he was told to pay an admission of
guilt for the offence of using insulting language and disobeying orders of
the police officer.
4.5 Condition of Detention Centres
This section provides an overview of the conditions that individuals in police custody
and or in remand, for in particular bailable offences, are subjected to. It must be
noted, that when a person is arrested or detained, the only right they are deprived of
is their right to liberty; they must enjoy all other rights and the state under whose
custody they are held is obligated to ensure enjoyment of these other rights.
Article 15 of the Constitution, which protects individuals from inhuman treatment, also
applies to conditions of detention centres. In addition, Article 10 of the International
Covenant of Civil and Political Rights (ICCPR) states that “all persons deprived of their
liberty shall be treated with humanity and with respect for the inherent dignity of the
human person”. It is, thus, expected that detention centres are in a condition that does not
subject an individual to inhuman conditions.

46
This section provides observation on conditions of detention centres in selected

locations in the country. The detention centres covered in this report are those used to
hold individuals awaiting charge or trial. These are police cells and remand prisons.
4.5.1 Police Cells
Chapter 88 of Laws of Zambia, the Criminal Procedure Code section 26 provides that
an individual can be arrested and detained, for committing an offence for which the
police can arrest without an order of the Court and without a warrant.
Police cells are customarily custodial places for individuals not yet charged with a
crime. The Zambia Police (Amendment) Act, 1999 , provides for Custody officers, who
should normally be an officer in charge. The Custody officers should ensure that:
(a) a person in police custody is treated in a decent and humane way;

(b) a person in police custody who requires medical attention has access to
medical facilities;
(c) police cells or other places used for the custody of persons are in clean and
habitable conditions;
(d) necessary provisions and other facilities used by a person in custody are in
hygienic condition;
(e) record the name, the offence for which the person is arrested and the state
and condition of the person; and,
(f) make such recommendations as to that persons well–being as are necessary,
including the requirement for that person to have medical attention.
Following this provision, it is, therefore, mandatory that every person placed in police
custody must first be presented to the Custody Officer before detention.
The succeeding paragraphs provide observations on conditions of police cells from

selected police stations.
Kitwe
Garnerton Police Station
Garnerton Police Station has no holding cells for suspects. Suspects are held
within the single office making up the Station. Violent and dangerous
suspects are cuffed around a pole outside to prevent them from escaping.
Kitwe Central Police Station

The Central Police Station has two (2) cells dedicated to male suspects.
There are no female or juvenile cells. Both cells are inhabitable. Lighting is
poor in one, and there is no lighting in the other. One of the cells has no
toilet, and suspects are only allowed to go to the toilet once a day.

47
Mindolo Police Station

The Station has cells for male and female suspects, but only one toilet
facility for both sexes. The toilet has no running water, and it is always
unhygienic. Juveniles are not held separately.
Mongu
Mongu Central Police Station
The cells at Mongu Central Police Station are small and often overcrowded.
The toilet is situated right in the middle of the cell with no walls around it
for privacy, and it has no flush unit. In addition, the cell has no running
water.
Further, the Station does not have separate juvenile and female cells.
Juveniles and females are detained at the enquiries office.
Limulunga Police Station

The cell at this Station has no toilet facility and running water. A hole has
been made in the corner of the cell wall leading to a pit dug outside. This
serves as the toilet. At this Station, juveniles and females are detained at the
enquiries office as there are no cells for them.
Namushakende Police Post

The cell at this Police Post is very dirty, and human excrete is visible in the
hole meant to be the to ilet. There is no tap or well in the vicinity. The Post
has no separate facilities for juveniles and females.
Sefula Police Post

Sefula Police Post is an old derelict building with broken window panes.
The cell is unhygienic. It has no toilet facility and running water. Suspects
use a grass thatched pit latrine that is about 30 metres away from the cell.
There is no provision for juveniles and females.
Ndola
Ndola Central Police Station
Ndola Central Police Station holding cells have recently been refurbished by
the local community. There are separate cells for females, males and
juveniles. The only problem faced is an erratic water supply.
4.5.2 Remand Prison
In a criminal matter, a magistrate/judge can remand into custody a person accused of

a crime if, after a preliminary hearing, the magistrate judge finds that a there is reason
to put the accused on trial. Juveniles are, however, supposed to be held separately
from adults.

48
Therefore, remand prison is a custodial place for individuals awaiting trial and or on
trial.
Observations are provided from two towns. These are Chipata and Ndola. The
observations show that the prisons in these towns are congested.
Ndola Central Remand Prison

Ndola Central Remand Prison has a holding capacity of one hundred and
fifty-eight (158), but is holding 284 individuals. This is nearly twice it
capacity. The factors attributed to the congestion are chiefly high frequency
of court adjournments, inadequate court rooms, disappearances of case
records and lack of transport to allow for consistent appearance of
individuals before the courts.
Chipata
In Chipata, individuals on remand are held together with convicted
prisoners in Chipata Central Prison, as there is no separate remand prison
or a separate section for remandees within the prison. The prison has a
design holding capacity of three hundred (300), but is presently holding six
hundred and twelve (612) individuals. That is, those serving custodial
sentences (prisoners) and individuals on remand.
4.6 Retrospect
This chapter has shown that police conduct towards individuals and or members of
the public is characterised by continued negation of individual rights and freedoms.
In 2008, the police subjected individuals to unlawful arrests and detentions, torture,
and unlawful killings. Police arbitrary arrests, detentions and torture were very
prevalent.
Further, observations on conditions of police cells from selected police stations show
that despite the provisions of the law, most police custodial places subject individuals
to inhuman and degrading conditions. The absence of toilets and running water
presents a serious health risk. Further, persons on remand are not supposed to be
mixed with convicted persons.
In retrospect, the chapter shows that although the role of the police in human rights
protection is undoubted, their undermining the rule of law is evident in their
behaviour towards the rights and freedoms of an individual.

49
C HAPTER FIVE
DEMOCRATIC GOVERNANCE
5.1 Introduction
Constitutionalism implies that the chosen polity or political governance system of a

people necessitates two principles. First, that the people are supreme to government.
This provides for the understanding that a constitution represents the will of the
people. Secondly, that the people shall have controlling influence on the decisions and
affairs of government. In short, constitutionalism demands democratic governance.
The principles of democracy are three fold and are interlinked. These are the
application of principles of equity in choice, participation and representativeness.
That is, people can freely choose, participate and be represented in their form of
governance, without any impediments from other individuals or the State.
Participation is not merely in form of being chosen to represent or choosing a
representative, but also participating in formulating the rules of how one is to be
governed. That is, participating, among other things, in constitution making.
Therefore, government should institute responsive mechanisms that ensure that

individuals are treated with equal respect and as of equal worth in the exercise of
their controlling influence. Exercise of controlling influence is manifest in processes
such as constitution making and elections.
This chapter provides observations on constitution making, in particular the National

Constitution Conference process, and the electoral processes in Zambia in the year
2008.
5.2 Constitution Making
5.2.1 Introduction
A constitution, fundamental or supreme law, is a written document establishing the

structure of the state, fundamental rights and freedoms, limitations on the scope of
government powers and authority, and amendment procedures. A constitution is the
supreme the law of the country, and no other dispositions or norms, can negate the
privileges, liberties and rights it guarantees individuals.
Therefore, the constitution is fundamental in protecting the rights and freedoms of

individuals, as well as prescribing a framework for political, economic and social
governance. Without an adequate framework, society cannot be effectively governed
by the rule of law. This framework of governance must represent the will of the
people. The rules and regulations spelt out must be those consented to by citizens.
50
Without citizenry participation and consent, a constitution can not be construed to be

democratic or legitimate.
The process of constitution making is, thus, as important as the substantive content of
the constitution itself. This is because the framework of a country’s governance and
structure cannot be defined without intellectual and societal agreements on political,
legal and moral issues. The competing demands and conflicting interests have to be
reconciled. This makes drafting a constitution fundamental to democracy and the rule
of law.
In 2008, Zambia continued with its constitutional review process initiated in April,
2003, by Statutory Instrument No. 40 of 2003. The Mung'omba Constitutional Review
Commission was established as a consequence. In 2007, the National Constitution
Conference Act was enacted as a result of the recommendations of the Mung’omba
Constitutional Review Commission.
The National Constitution Conference Act provided for the establishment of a

National Constitution Conference at which constituent representatives can engage in
debates and discussions of the Mung’omba Constitutional Review Commission draft
constitution prior to the adoption of a new constitution. The underlying assumption
of the National Constitution Conference is that it will result in a constitution based on
broad-based participation and national consensus.
The National Constitutional Conference (NCC) continued to meet in 2008 to consider the
draft constitution proposed by the 2005 Mung'omba Constitutional Review Commission.
The boycott of the NCC by some civil society groups, including large umbrella
organizations representing women's groups and church groups, continued in 2008. These
organisations had reservations on the representativeness of the NCC. They argued that
there was inadequate consultation on the legislative processes leading to the enactment of
the NCC Act and that the NCC representation was biased towards government and ruling
political party representation.
5.2.2 Observations
As noted in section 3.3 of chapter three, a total of one thousand three hundred and
sixty four (1, 364) individuals with varying demographic attributes were surveyed in
Chipata, Kabwe, Kasama, Kitwe, Livingstone, Lusaka, Mongu and Ndola..
The survey interviews on constitution making in Zambia inquired into individual’s

knowledge of what a constitution is; the NCC processes; their constituent
representative; participation and empowerment to make effective contributions
through their representatives; and, receptiveness and openness to the diverse views
existing in the country.

51
The survey shows that whilst individual’s knowledge of what a constitution is, is
desirable, their knowledge of the ongoing constitution making process manifests
disinterest and inadequate citizenry engagement by constituent representatives.
Whereas there is moderate knowledge of what a constitution is and that there is a

National Constitution Conference (NCC) sitting in Lusaka, the majority of individuals
manifest ignorance as to who their constituent representative is.
In addition, major church organisations, some civil society organisations (in particular
major NGOs representing women) and political parties like Patriotic Front (PF ) have
constrained citizenry engagement through constituent representatives in constitution
making (through the NCC) as they have boycotted the process. These organisations
cite inadequate consultation and representation as their major areas of concern.
Most knowledge of the NCC is from the print and electronic media. There is no
substantive evidence in individual’s knowledge that their constituent representatives
are consultative, and hence allowing individuals to indirectly participate in the
process. Lack of knowledge of constituent representatives also manifests in
individuals inability to contribute to the debates as they can only do so through their
constituent representatives. This further manifests individuals’ feelings that the NCC
process is not receptive to wider debate and contributions.
5.3 Elections
"[T]he will of the people shall be the basis of the authority of a government;
this will shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent
free voting procedures." (Article 21 of the Universal Declaration of Human
Rights)
"Every citizen of Zambia who has attained the age of eighteen years shall,
unless he is disqualified by Parliament from registration as a voter for the
purposes of elections to the National Assembly, be entitled to be registered as
such a voter under a law in that behalf, and no other person may be so
registered." Article 75. (1) of the Constitution of the Republic of Zambia
5.3.1 Introduction
The conduct of elections in Zambia is guided by the Constitution, the Electoral Act
(1991), the Electoral Commission Act (No. 24 of 1996), the Local Government Elections
Act Chapter 282 and various regulations promulgated by the Electoral Commission of
Zambia.

52
Article 76 (1) of the Constitution of Zambia establishes the Electoral Commission of

Zambia and some of the functions of the commission under Article 76 of the
Constitution are to supervise, to conduct Presidential and Parliamentary elections and
to review boundaries of the constituencies into which Zambia is divided for the
purpose of election to the national assembly.
Presidential elections and parliamentary by-elections were conducted in 2008. The electoral
concerns were mostly the lack of continuous voter registration, as those that had
reached voting age in 2008 had their franchise rights negated. There were also
allegations of electoral corruption, and misapplication of government resources.
Further, the presidential elections were conducted in an atmosphere of suspicion by the

opposition political parties as to whether the Electoral Commission of Zambia (ECZ) is
administering the electoral process in a transparent and fair manner. For instance, some
opposition political parties alleged that there was printing of excess ballot papers and that
there were foreign trucks carrying excess ballot papers. The latter resulted in members of
opposition political parties impounding some foreign trucks in Livingstone for allegedly
carrying ballot papers. These incidences constrained the integrity of the elections.
5.3.2 Specific Observations
The succeeding sections provide specific observations on presidential elections, and

parliamentary by-elections, election petitions in 2008.
Presidential Elections
Presidential elections were held on October 30, after the death of the incumbent
President Levy Mwanawasa on August 19. Dr Mwanawasa, the incumbent
Republican President and president of the Movement for Multiparty Democracy
(MMD) died after complications from a stroke he suffered in June, whilst in
Egypt.
The contesting presidential candidates were:
(a) Banda Rupiah B., of the Movement for Multiparty Democracy (MMD);
(b) Hichilema Hakainde of the United Party for National Development
(UPND);
(c) Miyanda Godfrey, of the Heritage Party (HP); and,
(d) Sata Michael C, of the Patriotic Front (PF).
Banda Rupiah B, the former Vice President under Mwanawasa won the
elections by 40.09 percent margin, over Sata Michael C with 38.13 percent of the
votes. The presidential elections had a low voter turnout of about 45.43 percent.

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Parliamentary By-Elections
February 21.
Patriotic Front (PF) candidate Chanda Gerry was elected Kanyama constituency
member of parliament, after the seat fell vacant following the death of the
incumbent Henry Mtonga.
June 26.
Movement for Multiparty Democracy (MMD candidate Chisanga Banda Reuben
was elected as Milanzi constituency member of parliament, after the seat fell
vacant following the death of the incumbent Chosani Njovu.
October 30.
Patriotic Front (PF) candidate, Mwango Davies, was elected Kanchibiya
constituency member of parliament, after the seat fell vacant following after the
seat fell vacant following the death of the incumbent Albert Kanyanyamina.
Patriotic Front (PF) candidate, Mushili Mark, was elected Ndola central member
of parliamentary after the seat fell vacant following the nullification of the
earlier elections.
Patriotic Front (PF), Samuel Chitonge, was re-elected as Mwansabombwe

member of parliamentary. He retains the constituency’s parliamentary seat after
his election in 2006 was nullified by the Supreme Court in August due to undue
influence by the chief.
Elections Petitions
August 12.
The Supreme Court nullified the election of Mwansabombwe member of
parliament Samuel Chitonge after the losing candidate Maybin Mubanga,
alleged electoral malpractices.
November.
Patriotic Front (PF) losing candidate in the presidential by-elections, Sata
Michael, filed a petition with the Supreme Court to request a recount of the
votes, and also alleged electoral malpractices.
5.4 Retrospect
This chapter shows that individuals controlling influence on the decisions and affairs of
government, as provided in constitution making and electoral processes are moderate.

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In 2008, there is evidence that individual’s knowledge of the ongoing constitution

making process and engagement is undesirable. This is likely to undermine
democratic governance, and constrain the rule of law.
Further, the electoral processes in Zambia are still beset with administrative problems,
and opposition party confidence in the processes is still not sufficiently evident.

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C HAPTER SIX.
C ONCLUSIONS
AND
RECOMMENDATIONS
6.1 Conclusions
Constitutionalism enforces the rule of law, and thereby providing for predictability
and security in relations between individuals and the State. It is a means by which
human rights are not only upheld, but also structurally institutionalised.
This 2008 State of Human Rights Report in Zambia set itself the task of human rights
monitoring and reporting within the framework of constitutionalism and human
rights. Within this framework, the Report provided observations on the rule of law in
human rights protection with respect to the roles of the judiciary and the police in
human rights protection, individual rights and freedoms, and democratic governance.
The summary findi ngs in 2008 are that, whereas the importance of the role of
judiciary in the rule of law and the realisation of human rights is its role in protecting
human rights by way of due process and effective remedies, the incidences reported
evidence that this role is not sufficiently upheld. This is mostly because the judiciary
in Zambia lacks adequate institutional and infrastructural capacity.
Further, on the due affirmation that the police are a critical institution in
constitutionalism, rule of law, and human rights protection, incidences in 2008
manifest a seriously undesirable situation. The police have very poor institutional and
infrastructural capacity, which constrain police performance. In addition, places of
custody continually subject individuals to inhuman and degrading treatment.
However, despite this, the police in Zambia consistently negate individual’s rights
and freedoms through their unbecoming conduct and behaviours. Police arbitrary
arrests, unlawful detentions and torture are still common. Evidence of
professionalism in the police as prescribed by law is seldom observed.
Lastly, 2008 shows that individual’s participation in decisions and affairs of

government, as provided in constitution making and electoral processes are deficient.
Individual’s knowledge of their democratic rights, within the frameworks of
constitutionalism and human rights is scarce. Hence, their participation and
engagement in constitution making is through their constituent representation is not
very evident.

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6.2 Recommendations
The observations in this 2008 State of Human Rights Report in Zambia necessitate
that, for individuals to fully enjoy their rights and freedoms and for there to be
appreciable human rights protection and rule of law, the Republic of Zambia should
endeavour to in:
(a) overall human rights protection, monitoring and reporting frameworks:

(i). Enact a freedom of information law to secure freedom of
information. Freedom of information is critical to human rights
reporting and monitoring, and ultimately to e nhancing human
rights protection; and,
(ii). institute a human rights based approach to budgeting, and
development planning.
(b) the judiciary and human rights protection frameworks strengthen the
institutional and infrastructural constraints faced by the judiciary by
providing adequate fiscal and material support. This includes but is not
limited to the need to do the following:
(i). increasing the number of courts to ensure speedy trials;
(ii). increasing the magistrate staffing levels;
(iii). revising the law and subsequent practice to enhance protection of
human rights with respect to bail, sureties and appeal processes so
as to be more cognisant of the obtaining socio-economic
circumstances of most of the population; and,
(iv). reducing instances of abuse of court authority.
(c) the police and human rights protection frameworks:

(i). redress the institutional and infrastructural constraints faced by the
police by providing adequate fiscal and material support that should
prioritise increased well trained police staffing levels, increased
budgetary allocation to ensure adequate logistical support and
improved working conditions;
(ii). ensure that police officers treat all individuals in accordance with
the provisions of the law, and individuals also carry out their duties
and responsibilities according to the law;
(iii). institute punitive and preventive measures for police misconduct
and police behaviours that violate individual rights and freedoms;
(iv). strengthen institutes responsible for professional standards withi n
the police service; and,
(v). institute frame works for sensitising police officers on their duties
and responsibilities in relation to human rights protection and the
state of detention centres.

57
(d) the individual human rights protection frameworks :

(i). criminalise conduct that violates individual rights and freedoms like
inhuman and degrading treatment;
(ii). rehabilitate detention centres to meet acceptable humane and
sanitary standards; and,
(iii). always ensure that there are separate custodial holding places (cells)
for juveniles and women;
(e) the democratic governance and human rights protection frameworks:

(i). review electoral laws and processes to instil confidence;
(ii). undertake continuous voter registration exercises; and,
(iii). undertake social mobilisation interventions to bridge the gaps of
knowledge and understating between the citizenry and the State in
the practice of the rule of law, constitutionalism and democratic
governance.

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Appendix I
(a) EXCERPT FROM THE CONSTITUTION OF ZAMBIA ON PART III PROTECTION

OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDUAL
11. FUNDAMENTAL RIGHTS AND FREEDOMS

It is recognised and declared that every person in Zambia has been and shall continue to be
entitled to the fundamental rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, colour, creed, sex or marital status,
but subject to the limitations contained in this Part, to each and all of the following,
namely:
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, expression, assembly, movement and association;
(c) protection of young persons from exploitation;
(d) protection for the privacy of his home and other property and from deprivation of
property without compensation;
and the provisions of this Part shall have effect for the purpose of affording protection to
those rights and freedoms subject to such limitations designed to ensure that the
enjoyment of the said rights and freedoms by any individual does not prejudice the rights
and freedoms of others or the public interest.
12. P ROTECTION OF RIGHT TO LIFE

(1) No person shall be deprived of his life intentionally except in execution of the sentence
of a court in respect of a criminal offence under the law in force in Zambia of which he has
been convicted.
(2) No person shall deprive an unborn child of life by termination of pregnancy except in
accordance with the conditions laid down by an Act of Parliament for that purpose.
(3) Without prejudice to any liability for a contravention of any other law with respect to
the use of force in such cases; as are hereinafter mentioned, a person shall not be regarded
as having been deprived of his life in contravention of this Article if he dies as a result of
the use of force to such extent as is reasonably justifiable in the circumstances of the case --
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) for the purpose of suppressing a riot, insurrection, mutiny or if he dies as a result of
a lawful act of war;
(d) in order to prevent the commission by that person of a criminal offence.
13. P ROTECTION OF RIGHT TO PERSONAL LIBERTY

(1) No person shall be deprived of his personal liberty except as may be authorised by law
in any of the following cases:

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(a) in execution of a sentence or order of a court, whether established for Zambia or

some other country, in respect of a criminal offence or which he has been convicted;
(b) in execution of an order of a court of record punishing him for contempt of that
court or of a court inferior to it;
(c) in execution of an order of a court made to secure the fulfilment of any obligation
imposed on him by law;
(d) for the purpose of bringing him before a court in execution of an order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a
criminal offence under the law in force in Zambia;
(f) under an order of a court or with the consent of his parent or guardian, for his
education or welfare during any period ending not later than the date when he attains
the age of eighteen years;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind,
addicted to drugs or alcohol, or a vagrant, for the purpose of this care or treatment or
the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Zambia, or for
the purpose of effecting the expulsion, extradition or other lawful removal of that
person from Zambia or for the purpose of restricting that person while he is being
conveyed through Zambia in the course of his extradition or removal as a convicted
prisoner from one country to another; or
(j) to such extent as may be necessary in the execution of a lawful order requiring that
person to remain within a specified area within Zambia or prohibiting him from being
within such area, or to such extent as may be reasonably justifiable for the taking of
proceedings against that person relating to the making of any such order, or to such
extent as may be reasonably justifiable for restraining that person during any visit that
he is permitted to make to any part of Zambia in which, in consequence of any such
order, his presence would otherwise be unlawful.
(2) any person who is arrested or detained shall be informed as soon as reasonably
practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained –
(a) for the purpose of bringing him before a court in execution of an order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to commit, a
criminal offence under the law in force in Zambia; and who is not released, shall be
brought without undue delay before a court; and if any person arrested or detained
under paragraph (b) is not tried within a reasonable time, then, without prejudice to
any further proceedings that may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular such conditions
as are reasonably necessary to ensure that the appears at a later date for trial or for
proceedings preliminary to trial.

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(4) Any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation therefore from that other person.
14. P ROTECTION FROM SLAVERY AND FORCED LABOUR

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purpose of this Article, the expression "force labour" does not include-
(a) any labour required in consequence of a sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not
required in consequence of a sentence or order of a court, is reasonably necessary in the
interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as
such or, in the case of a person who has conscientious objections to service as a member
of a naval, military or air force, any labour that that person is required by law to
perform in place of such service;
(d) any labour required during any period when the Republic is at war or a declaration
under Article 30 or 31 is in force or in the event of any other emergency or calamity that
threatens the life and well-being of the community, to the extent that the requiring of
such labour is reasonably justifiable in the circumstances of any situation arising or
existing during that period, or as a result of that other emergency or calamity, for the
purpose of dealing with that situation; or
(e) any labour re asonably required as part of reasonable and normal communal or
other civic obligation.
15. P ROTECTION FROM INHUMAN TREATMENT

No person shall be subjected to torture or to inhuman or degrading punishment or other
like treatment.
16. P ROTECTION FROM DEPRIVATION OF PROPERTY

(1) Except as provided in this Article, no property of any description shall be compulsorily
taken possession of, and no interest in or right over property of any description shall be
compulsorily acquired, unless by or under the authority of an Act of Parliament which
provides for payment of adequate compensation for the property or interest or right to be
taken possession of or acquired.
(2) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of clause (1) to the extent that it is shown that such
law provides for the taking possession or acquisition of any property or interest therein or
right thereover-
(a) in satisfaction of any tax, rate or due;

(b) by way of penalty for breach of any law, whether under civil process or after
conviction of an offence;

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(c) in execution of judgements or orders of courts;

(d) upon the attempted removal of the property in question out of or into Zambia in
contravention of any law;
(e) as an incident of a contract including a lease, tenancy, mortgage, charge, pledge or
bill of sale or of a title deed to land;
(f) for the purpose of its administration, care or custody on behalf of and for the benefit
of the person entitled to the beneficial interest therein;
(g) by way of the vesting of enemy property or for the purpose of the administration of
such property;
(h) for the purpose of –
(i) the administration of the property of a deceased person, a person of unsound
mind or a person who has not attained the age of eighteen years, for the benefit of
the persons entitled to the beneficial interest therein;
(ii) the administration of the property of a person adjudged bankrupt or a body
corporate in liquidation, for the benefit of the creditors of such bankrupt or body
corporate and, subject thereto, for the benefit of other persons entitled to the
beneficial interest in the property;
(iii) the administration of the property of a person who has entered into a deed of
arrangement for the benefit of his creditors; or
(iv) vesting any property subject to a trust in persons appointed as trustees under
the instrument creating the trust or by a court or, by order of a court, for the
purpose of giving effect to the trust;
(i) in consequence of any law relating to the limitation of actions;

(j) in terms of any law relating to abandoned, unoccupied, unutilised or undeveloped
land, as defined in such law;
(k) in terms of any law relating to absent or non-resident owners, as defined in such
law, of any property;
(l) in terms of any law relating to trusts or settlements;
(m) by reason of the property in question being in a dangerous state or prejudicial to
the health or safety of human beings, animals or plants;
(n) as a condition in connection with the granting of permission for the utilisation of
that or other property in any particular manner;
(o) for the purpose of or in connection with the prospecting for. or exploitation of,
minerals belonging to the Republic on terms which provide for the respective interests
of the persons affected;
(p) in pursuance of a provision of the marketing of property of that description in the
common interests of the various persons otherwise entitled to dispose of that property;
(q) by way of the taking of a sample for the purposes of any law;
(r) by way of acquisition of the shares, or a class of shares, in a body corporate on terms
agreed to by the holders of not less than nine-tenths in value of those shares or that
class of shares;
(s) where the property consists of an animal, upon its being found trespassing or
straying;

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(t) for so long as may be necessary for the purpose of any examination, investigation,
trial or inquiry or, in the case of the land, the carrying out thereon –
(i) of work for the purpose of the conservation of natural resources or any
description; or
(ii) of agricultural development or improvement which the owner or occupier of the
land has been required, and has without reasonable and lawful excuse refused or
failed, to carry out;
(u) where the property consists of any licence or permit;

(v) where the property consists of wild animals existing in their natural habitat or the
carcasses of wild animals;
(w) where the property is held by a body corporate established by law for public
purposes and in which no moneys have been invested other than moneys provided by
Parliament;
(x) where the property is any mineral, mineral oil or natural gases or any rights
accruing by virtue of any title or licence for the purpose of searching for or mining any
mineral, mineral oil or natural gases –
(i) upon failure to comply with any provision of such law relating to the title or
licence or to the exercise of the rights accruing or to the development or exploitation
of any mineral, mineral oil or natural gases; or
(ii) in terms of any law vesting any such property or rights in the President;
(y) for the purpose of the administration or disposition of such property or interest or
right by the President in implementation of a comprehensive land policy or of a policy
designed to ensure that the statute law, the Common Law and the doctrines of equity
relating to or affecting the interest in or rights over land, or any other interests or right
enjoyed by Chiefs and persons claiming through and under them, shall apply with
substantial uniformity throughout Zambia;
(z) in terms of any law providing for the conversion of titles to land from freehold to
leasehold and the imposition of any restriction on subdivision, assignment or sub-
letting;
(a) in terms of any law relating to –
(i) the forfeiture or confiscation of the property of a person who has left Zambia for
the purpose or apparent purpose, of defeating the ends of justice;
(ii) the imposition of a fine on, and the forfeiture or confiscation of the property of, a
person who admits a contravention of any law relating to the imposition or
collection of any duty or tax or to the prohibition or control of dealing or
transactions in gold, currencies, or securities.
(3) An Act of Parliament such as is referred to in clause (1) shall provide that in default of
agreement, the amount of compensation shall be determined by a court of competent
jurisdiction.

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17. P ROTECTION FOR PRIVACY OF HOME AND OTHER PROPERTY

(1) Except with his own consent, no person shall be subjected to the search of his person or
his property or the entry by others on his premises.
inconsistent with or in contravention of this Article to the extent that it is shown that the
law in question makes provision –
(a) that is reasonably required in the interests of defence, public safety, public order,
public morality, public health, town and country planning, the development and
utilisation of mineral resources, or in order to secure the development or utilisation of
any property for a purpose beneficial to the community;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of
other persons;
(c) that authorises an officer or agent of the Government, a local government authority
or a body corporate established by law for a public purpose to enter on the premises or
anything thereon for the purpose of any tax, rate or due or in order to carry out work
connected with any property that is lawfully on those premises and that belongs to that
Government, authority, or body corporate, as the case may be; or
(d) that authorises, for the purpose of enforcing the judgement or order of a court in
any civil proceedings, the search of any person or property by order of a court or entry
upon any premises by such order;
and except so far as that provision or, as the case may be, anything done under the
authority thereof is shown not to be reasonably justified in a democratic society.
18. P ROVISIONS TO SECURE PROTECTION OF LAW

(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn,
the case shall be afforded a fair hearing within a reasonable time by an independent and
impartial court established by law.
(2) Every person who is charged with a criminal offence –
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall unless legal aid is granted him in accordance with the law enacted by
Parliament for such purpose be permitted to defend himself before the court in person,
or at his own expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his legal representative the
witnesses called by the prosecution before the court, and to obtain the attendance and
carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he
cannot understand the language used at the trial of the charge;

64
and except with his own consent the trial shall not take place in his absence unless he so
conducts himself as to render the continuance of the proceedings in his presence
impracticable and the court has ordered him to be removed and the trial to proceed in his
absence.
(3) When a person is tried for any criminal offence, the accused person or any person
authorized by him in that behalf shall, if he so requires and subject to payment of such
reasonable fee as may be prescribed by law, be given within a reasonable time after
judgment a copy for the use of the accused person of any record of the proceedings made
by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and no penalty
shall be imposed for any criminal offence that is severer in degree or description that the
maximum penalty that might have been imposed for that offence at the time it was
committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence
and either convicted or acquitted shall again be tried for that offence or for any other
criminal offence of which he could have been convicted at the trial for that offence, except
upon the order of a superior court in the course of appeal or review proceedings relating to
the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned
for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the
trial.
(8) No person shall be convicted of a criminal offence unless that offence is defined and the
penalty is prescribed in a written law:
Provided that nothing in this clause shall prevent a court of record from punishing any
person for contempt of itself notwithstanding that the act or omission constituting the
contempt is not defined in written law and the penalty therefore is not so prescribed.
(9) Any court or other adjudicating authority prescribed by law for the determination of
the existence or extent of any civil right or obligation shall be established by law and shall
be independent and impartial; and where proceedings for such a determination are
instituted by any person before such a court or other adjudicating authority, the case shall
be given a fair hearing within a reasonable time.
(10) Except with the agreement of all the parties thereto, all proceedings of every court and
proceedings for the determination of the existence or extent of any civil right or obligation
before any other adjudicating authority, including the announcement of the decision of the
court or other authority, shall be held in public.
(11) Nothing in clause (10) shall prevent the court or other adjudicating authority from
excluding from the proceedings persons other than the parties thereto and their legal
representatives to such extent as the court or other authority –
(a) may consider necessary or expedient in circumstances where publicity would

prejudice the interest of justice or in interlocutory proceedings; or

65
(b) may be empowered by law to do in the interest of defence, public safety, public
order, public morality, the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings.
inconsistent with or in contravention of –
(a) paragraph (a) of clause (2) to the extent that it is shown that the law in question
imposes upon any person charged with a criminal offence the burden of proving
particular facts;
(b) paragraph (d) of clause (2) to the extent that it is shown that the law in question
prohibits legal representation before a subordinate court in proceedings for an offence
under Zambian customary law, being proceedings against any person who, under that
law, is subject to that law;
(c) paragraph (e) of clause (2) to the extent that it is shown that the law in question
imposes reasonable conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be paid their expenses out of public funds;
(d) clause (2) to the extent that it is shown that the law provides that –
(i) where the trial of any person for any offence prescribed by or under the law has
been adjourned and the accused, having pleaded to the charge, fails to appear at the
time fixed by the court for the resumption of his trial after the adjournment, the
proceedings may continue notwithstanding the absence of the accused if the court,
being satisfied that, having regard to all the circumstances of the case, it is just and
reasonable so to do, so orders; and
(ii) the court shall set aside any conviction or sentence pronounced in the absence of
the accused in respect of that offence if the accused satisfies the court without undue
delay that the cause of his absence was reasonable and that he had a valid defence to
the charge;
(e) clause (2) to the extent that it is shown that the law provides that a trial of a body
corporate may take place in the absence of any representative of the body corporate
upon a charge in respect of which a plea of not guilty has been entered by the court;
(f) clause (5) to the extent that it is shown that the law in question authorises a court to
try a member of a disciplined forced for a criminal offence notwithstanding any trial
and conviction or acquittal of that member under the disciplinary law of that force, so,
however, that any court so trying such a member and convicting him shall in
sentencing him to any punishment take into account any punishment awarded him
under that disciplinary law.
(13) In the case of any person who is held in lawful detention, clause (1), paragraphs (d)
and (e) of clause (2) and clause (3) shall not apply in relation to his trial for a criminal
offence under the law regulating the discipline of persons held in detention.

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(14) In its application to a body corporate clause (2) shall have effect as if the words "in
person or" were omitted from paragraph (d) and (e).
(15) In this Article "criminal offence" means a criminal offence under the law in force in
Zambia.
19. P ROTECTION OF FREEDOM OF CONSCIENCE

(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes of this Article the said freedom includes
freedom of thought and religion, freedom to change his religion or belief, and freedom,
either alone or in community with others, and both in public and in private, to manifest
and propagate his religion or belief in worship, teaching, practice and observance.
(2) Except with his own consent, or, if he is a minor, the consent of his guardian, no person
attending any place of education shall be required to receive religious instruction or to take
part in or attend any religious ceremony or observance if that instruction, ceremony or
observance relates to a religion other than his own.
(3) No religious community or denomination shall be prevented from providing religious
instruction for persons of that community or denomination in the course of any education
provided by the community or denomination or from establishing and maintaining
institutions to provide social services for such persons.
(4) No person shall be compelled to take any oath which is contrary to his religion or belief
or to take any oath in a manner which is contrary to his religion or belief.
law in question makes provision which is reasonably required –
(a) in the interests of defence, public safety, public order, public morality or public
health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the
right to observe and practice any religion without the unsolicited intervention of
members of any other religion:
and except so far as that provision or, the thing done under the authority thereof as the
case may be, is shown not to be reasonably justified in a democratic society.
20. P ROTECTION OF FREEDOM OF EXPRESSION

(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, that is to say, freedom to hold opinions without interference,
freedom to receive ideas and information without interference, freedom to impart and
communicate ideas and information without interference, whether the communication be
to the public generally or to any person or class of persons, and freedom from interference
with his correspondence.
(2) Subject to the provisions of this Constitution no law shall make any provision that
derogates from freedom of the press.

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law in question makes provision -
public morality or public health; or
(b) that is reasonably required for the purpose of protecting the reputations, rights and
freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence,
maintaining the authority and independence of the courts, regulating educational
institutions in the interests of persons receiving instruction therein, or the registration
of, or regulating the technical administration or the technical operation of, newspapers
and other publications, telephony, telegraphy, posts, wireless broadcasting or
television; or
(c) that imposes restrictions on public officers;
case may be, is shown not to be reasonably justifiable in a democratic society.
21. P ROTECTION OF FREEDOM OF ASSEMBLY AND ASSOCIATION

(1)Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is to say, his right to assemble freely and
associate with other persons and in particular to form or belong to any political party,
trade union or other association for the protection of his interests.
public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of
other persons;
(c) that imposes restrictions upon public officers; or
(d) for the registration of political parties or trade unions in a register established by or
under a law and for imposing reasonable conditions relating to the procedure for entry
on such register including conditions as to the minimum number of persons necessary
to constitute a trade union qualified for registration;
case may be, is shown not to be reasonably justifiable in a democratic society.
22. P ROTECTION OF FREEDOM OF MOVEMENT

(1) Subject to the other provision of this Article and except in accordance with any other
written law, no citizen shall be deprived of his freedom of movement, and for the purposes
of this Article freedom of movement means –

68
(a) the right to move freely throughout Zambia:

(b) the right to reside in any part of Zambia; and
(c) the right to leave Zambia and to return to Zambia.
(2) Any restrictions on a person's freedom of movement that relates to his lawful detention
shall not be held to be inconsistent with or in contravention of this Article.
(a) for the imposition of restrictions that are reasonably required in the interests of
defence, public safety, public order, public morality or public health or the imposition
or restrictions on the acquisition or use by any person of land or other property in
Zambia, and except so far as that provision or, the thing done under the authority
thereof, as the case may be, is shown not be reasonably justifiable in a democratic
society;
(b) for the imposition of restrictions on the freedom of movement of any person who is
not a citizen of Zambia;
(c) for the imposition of restrictions upon the movement or residence within Zambia of
public officers; or
(d) for the removal of a person from Zambia to be tried outside Zambia for a criminal
offence or to undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under the law in force in Zambia of which he
has been convicted.
23. P ROTECTION FROM DISCRIMINATION ON THE GROUND OF RACE, ETC.

(1) Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory
either of itself or in its effect.
(2) Subject to clauses (6), (7) and (8), no person shall be treated in a discriminatory manner
by any person acting by virtue of any written law or in the performance of the functions of
any public office or any public authority.
(3) In this Article the expression "discriminatory" mean, affording different treatment to
different persons attributable, wholly or mainly to their respective descriptions by race,
tribe, sex, place of origin, marital status, political opinions colour or creed whereby persons
of one such description are subjected to disabilities or restrictions to which persons of
another such description are not made subject or are accorded privileges or advantages
which are not accorded to persons of another such description.
(4) Clause (1) shall not apply to any law so far as that law makes provision –
(a) for the appropriation of the general revenues of the Republic;

(b) with respect to persons who are not citizens of Zambia;
(c) with respect to adoption, marriage, divorce, burial, devolution of property on death
or other matters of personal law;

69
(d) for the application in the case of members of a particular race or tribe, of customary
law with respect to any matter to the exclusion of any law with respect to that matter
which is applicable in the case of other persons; or
(e) whereby persons of any such description as is mentioned in clause (3) may be
subjected to any disability or restriction or may be accorded any privilege or advantage
which, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable in a
democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention
of clause (1) to the extent that it is shown that it makes reasonable provision with respect to
qualifications for service as a public officer or as a member of a disciplined force or for the
service of a local government authority or a body corporate established directly by any
law.
(6) Clause (2) shall not apply to anything which is expressly or by necessary implication
authorized to be done by any such provision or law as is referred to in clause (4) or (5).
(7) No thing contained in or done under the authority of any law shall be held to be
law in question makes provision whereby persons of any such description as is mentioned
in clause (3) may be subjected to any restriction on the rights and freedoms guaranteed by
Articles 17, 19, 20, 21 and 22, being such a restriction as is authorised by clause (2) of
Article 17, clause (5) of Article 19, clause (2) of Article 20, clause (2) of Article 21 or clause
(3) of Article 22, as the case may be.
(8) Nothing in clause (2) shall affect any discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any court that is vested in any person by
or under this Constitution or any other law.
24. P ROTECTION OF YOUNG PERSONS FROM EXPLOITATION

(1) No young person shall be employed and shall and shall in no case be caused or
permitted to engage in any occupation or employment which would prejudice his health
or education or interfere with his physical, mental or moral development:
Provided that an Act of Parliament may provide for the employment of a young person for
a wage under certain conditions.
(2) All young persons shall be protected against physical or mental ill-treatment, all forms
of neglect, cruelty or exploitation.
(3) No young person shall be the subject of traffic in any form.
(4) In this Article "young person" means any person under the age of fifteen years.
25. DEROGATION FROM FUNDAMENTAL RIGHTS AND DETENTION

Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of Articles 13, 16, 17, 19, 20, 21, 22, 23, or 24 to the
extent that it is shown that the law in question authorises the taking, during any period

70
when the Republic is at war or when a declaration under Article 30 is in force, or measures
for the purp ose of dealing with any situation existing or arising during that period; and
nothing done by any person under the authority of any such law shall be held to be in
contravention of any of the said provisions if it is shown that the measures taken were,
having due regard to the circumstances prevailing at the time, reasonably required for the
purpose of dealing with the situation in question.

71
(b) DIRECTIVE PRINCIPLES OF STATE POLICY
PART IX
DIRECTIVE PRINCIPLES OF STATE POLICY AND THE DUTIES OF A CITIZEN
(As amended by Act No. 18 of 1996)
110. (1) The Directive Principles of State Policy set out in this Part shall guide the
Executive, the Legislature and the Judiciary, as the case may be, in the-Application of
Directive Principles of State Policy
(a) development of national policies;
(b) implementation of national policies;
(c) making and enactment of laws; and
(d) application of the Constitution and any other law.
(2) The application of the Directive Principles of State Policy may be observed only in
so far as State resources are able to sustain their application, or if the general welfare
of the public so unavoidably demands, as may be determined by Cabinet.
111. DIRECTIVES NOT TO BE JUSTICIABLE

The Directive Principles of State Policy set out in this Part shall not be justiciable and
shall not thereby, by themselves, despite being referred to as rights in certain
instances, be legally enforceable in any court, tribunal or administrative institution or
entity.
112. DIRECTIVE P RINCIPLES OF S TATE P OLICY

The following Directives shall be the Principles of State Policy for the purposes of this
Part:
(a) the State shall be based on democratic principles;
(b) the State shall endeavour to create an economic environment which shall
encourage individual initiative and self reliance among the people and promote
private investment;
(c) the State shall endeavour to create conditions under which all citizens shall
be able to secure adequate means of livelihood and opportunity to obtain
employment;
(d) the State shall endeavour to provide clean and safe water, adequate medical
and health facilities and decent shelter for all persons, and take measures to
constantly improve such facilities and amenities;
(e) the State shall endeavour to provide equal and adequate educational
opportunities in all fields and at all levels for all;
(f) the State shall endeavour to provide to persons with disabilities, the aged
and other disadvantaged persons such social benefits and amenities as are
suitable to their needs and are just and equitable;
(g) the State shall take measures to promote the practice, enjoyment and
development by any person of that person's culture, tradition, custom or
language insofar as these are not inconsistent with this Constitution;
(h) the State shall strive to provide a clean and healthy environment for all;

72
(i) the State shall promote sustenance, development and public awareness of the
need to manage the land, air and water resources in a balanced and sustainable
manner for the present and future generation; and
(j) the State shall recognise the right of every person to fair labour practices and
safe and healthy working conditions.
113. DUTIES OF CITIZEN

It shall be the duty of every citizen to-
(a) be patriotic and loyal to Zambia and to promote its well-being;
(b) contribute to the well-being of the community where that citizen lives,
including the observance of health controls;
(c) foster national unity and live in harmony with others;
(d) promote democracy and the rule of law;
(e) vote in national and local government elections;
(f) provide defence and military service when called upon;
(g) carry out with discipline and honesty legal public functions;
(h) pay all taxes and duties legally due and owing to the State; and
(i) assist in the enforcement of the law at all times.

73
Appendix II
Male Deathrow Inmates in Kabwe Maximum Prison Whose Appeal Cases

are Pending for Longer Periods
(A) Appeal cases pending for ten (10) years and more:
1) Ntambo. L. Vensa was convicted in Solwezi for murder on

November 14, 1994;
2) Zulu Patrick. Convicted in Lusaka for murder on September 13,
1995;
3) Mushoke Stephen. Convicted in Mongu for murder on August 24,
1995;
4) Kamoyo William. Convicted in Lusaka for murder on June 12, 1995.
5) Sakala Jabes. Convicted in Livingstone for murder on May 7, 1996;
6) Zimba Thomas. Convicted in Livingstone for murder on May 7, 1996;
7) Sialubaba Patson. Convicted in Livingstone for murder on June 17,
1996;
8) Shanangwa Maxson. Convicted in Livingstone for murder on
January 6, 1998;
9) Kaunda B. Mike. Convicted in Kabwe for aggravated robbery and
murder on May 5, 1999; and,
10) Ndhlovu Joseph. Convicted in Chipata for murder on June 18, 1999;
11) Kandenene Pumulo. Convicted in Mongu for robbery and murder on
August 15, 1999;
12) Kanyanga C. Shaft. Convicted in Mongu for robbery and murder on
August 13, 1999;
13) Sitemba Leonard. Convicted in Livingstone for murder on March 2,
1999;
(B) Appeal cases pending for less than ten (10) years but more than five (5) years:
1) Katontoka M. Bright. Convicted in Kitwe for murder on December 4,

2003;
2) Chisunka Lucky. Convicted in Kitwe for robbery on December 4,
2003;
3) Mumba Innocent. Convicted for in Kitwe aggravated robbery on
December 20, 2002;
4) Zimba Kaunda. Convicted in Lusaka for aggravated robbery on
April 13, 2001;

74
5) Mulingalinga Levy. Convic ted in Lusaka for aggravated robbery on

April 13, 2001;
6) Kamuhuza Kenneth. Convicted in Kitwe for aggravated robbery on
May 13, 2002;
7) Zama M. Moses. Convicted in Kitwe for aggravated robbery on May
13, 2002;
8) Bwalya Sheban. Convicted in Livingstone for aggravated robbery on
September 1, 2003;
9) Nyemboka Charles. Convicted in Mongu for murder on June 13,
2003;
10) Tembo Jairos. Convicted in Lusaka for aggravated robbery on
February 12, 2003;
11) Tembo Benjamin. Convicted in Lusaka for aggravated robbery on
February 12, 2003;
12) Mupinga Godfrey. Convicted in Lusaka for aggravated robbery on
February 12, 2003;
13) Mukela Mwiba. Convicted in Mongu for murder on October 17,
2003;
14) Njekwa Sikanda. Convicted in Mongu for murder on August 15,
2003;
15) Njekwa Nanjeka. Convicted in Mongu fo r murder on November 27,
2001;
16) Muziba Muyunda. Convicted in Mongu for aggravated robbery on
February 15, 2001;
17) Sitali Ilutumbi. Convicted in Mongu for aggravated robbery on
February 15, 2001;
18) Tembo Adam. Convicted in Kitwe for aggravated robbery on
September 28, 2001;
19) Musonda Joseph. Convicted in Kitwe for aggravated robbery on
September 28, 2001;
20) Cholowa Mathews. Convicted in Kitwe for murder on November 11,
2003;
21) Chindela Friday. Convicted in Kitwe for murder on October 16, 2000;
22) Kabanshi C. Joe. Convicte d in Lusaka for murder on August 14,
2002;
23) Hajaya R. Convicted in Livingstone for aggravated robbery on
October 30, 2001;
24) Kabengele John. Convicted in Kitwe for murder on October 11, 2002;
25) Mwanga Patrick. Convicted in Kitwe for murder on October 11,
2002;
26) Mwamba Nelson. Convicted in Kitwe for murder on October 11,
2002;
27) Ngambi Alfred. Convicted in Kasama for murder on June 9, 2003;

75
28) Matemba Smith. Convicted in Solwezi for murder on November 14,

2002;
29) Mulenga Moses. Convicted in Lusaka for aggravated robbery on July
25, 2003;
30) Banda Amon. Convicted in Lusaka for aggravated robbery on July
25, 2003;
31) Mabuluku James. Convicted in Ndola for aggravated robbery on
May 24, 2001;
32) Somili Lufinda. Convicted in Ndola for aggravated robbery on May
24, 2001;
33) Nyamba Alfred. Convicted in Kitwe for murder on November 13,
2003;
34) Chola Isaac. Convicted in Kitwe for aggravated robbery on March
16, 2002;
35) Kalenga Bodwin. Convicted in Kitwe for aggravated robbery on
March 16, 2002;
36) Fundfunda M. Stephen. Convicted in Lusaka for aggravated robbery
on November 2, 2001;
37) Silumande Justine. Convicted in Lusaka for aggravated robbery on
November 2, 2001;
38) Mwaipopo John. Convicted in Lusaka for aggravated robbery and
murder on November 2, 2001;
39) Kawika Paul. Convicted in Livingstone for robbery on March 15,
2002;
40) Shabalila Kingsley. Convicted in Livingstone for robbery on March
15, 2002;
41) Chikwikiwililu Victor. Convicted in Mongu for murder on June 13,
2003;
42) Ndala K. Robby. Convicted in Mongu for murder on August 14,
2002;
43) Kasanga Ndala. Convicted in Mongu for murder on December 11,
2002;
44) Muyabi C. Davies. Convicted in Kasama for murder on August 15,
2003;
45) Mumba Pearson. Convicted in Kitwe for aggravated robbery on
December 27, 2002;
46) Yakobo Y. Elias. Convicted in Kitwe for aggravated robbery on
December 27, 2002;
47) Mwansa Simon. Convicted in Lusaka for aggravated robbery on
September 6, 2002; and,
48) Silwamba Peter. Convicted in Kitwe for murder on December 20,
2002.

76
Appendix III
Southern African Regional Police Chiefs Co-operation Organisation (SARPCCO)
Code of Conduct for Police Officials
PREAMBLE
We, the Chiefs of Police of the:
Republic of Angola; Republic of Botswana; Kingdom of Lesotho; Republic of Malawi;

Republic of Mauritius; Republic of Mozambique; Republic of Namibia; Republic of South
Africa; Kingdom of Swaziland; United Republic of Tanzania; Republic of Zambia; and the
Republic of Zimbabwe,
As members of the Southern African Regional Police Chiefs Co -operation Organization

[SARPCCO].
GUIDED by the following principles: respect for all human life; reverence for the law;
integrity; service excellence and respect for property rights;
RECOGNIZING that ethical standards, in particular human rights norms are an important
tool in the professionalization of police forces /services everywhere and in SARPCCO
member countries;
DESIROUS of integrating human rights in SARPCCO police training and practices, in line
with the values and ideals of SARPCCO;
CONSIDERING that it is desirable that police officers have the active moral and physical
support of the public they are serving;
AWARE of the need to disseminate best practices and strengthen respect for human rights
in SARPCCO member countries;
REAFFIRMING the commitment to a high degree of professionalism in serving the public,
HEREBY AGREE AS FOLLOWS:
Respect for all human rights
ARTICLE 1
RESPECT FOR HUMAN RIGHTS
In the performance of their duties, police officials shall respect and protect human dignity
and maintain and uphold the human rights, including property rights, of all persons.
ARTICLE 2
NON- DISCRIMINATION

77
Police officials shall treat all persons fairly and equally and avoid any form of
discrimination.
ARTICLE 3
USE OF FORCE
Police officials may use force only when strictly necessary and to the extent required for
the performance their adhering to national legislation and practices.
ARTICLE 4
TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT
No police official under any circumstances, shall inflict, instigate or tolerate any act of
torture or other cruel, inhuman or degrading treatment or punishment to any person.
ARTICLE 5
PROTECTION OF PERSONS IN CUSTODY
Police officials shall ensure the protection of the health of persons in their custody and, in
particular, shall take immediate action to secure medical attention whenever required.
ARTICLE 6
VICTIMS OF CRIME
All victims of crime shall be treated with compassion and respect. Police officials shall
ensure that proper and prompt aid is provided where necessary.
Reverence for the law
ARTICLE 7
RESPECT FOR THE RULE OF LAW AND CODE OF CONDUCT
Police officials shall respect and uphold the rule of law and the present Code of Conduct.
They shall also, to the best of their capability, prevent and rigorously oppose any violations
of them.
Integrity
ARTICLE 8
TRUSTWORTHINESS
The public demands that the integrity of police officials be above reproach. Police officials
shall, therefore behave in a trustworthy manner and avoid any conduct that might
compromise integrity and thus undercut the public confidence in a police force / service.
ARTICLE 9
CORRUPTION AND ABUSE OF POWER
Police officials shall not commit or attempt to commit any act of corruption or abuse
power. They shall rigorously oppose and combat all such acts. Police officials shall not

78
accept any gifts, presents, subscriptions, favours, gratuities or promises that could be
interpreted as seeking to cause the Police official to refrain from performing official
responsibilities honestly and within the law.
Service excellence
ARTICLE 10
PERFORMANCE OF DUTIES
Police officials shall at all times fulfil the duties imposed upon them by law, in a manner
consistent with the high degree of responsibility and integrity required by their profession.
ARTICLE 11
PROFESSIONAL CONDUCT
Police officials shall ensure that they treat all persons in a courteous manner and that their
conduct is exemplary and consistent with the demands of the profession and the
community they serve.
ARTICLE 12
CONFIDENTIALITY
Matters of a confidential nature in the possession of Police officials shall be kept
confidential, unless the performance of duty and need of justice strictly require otherwise.
Respect for Property Rights
ARTICLE 13
PROPERTY RIGHTS
In the performance of their duties Police officials shall respect and protect all property
rights. This includes the economical use of public resources.

79
Appendix IV
Sample Emoluments for Superintendent, Assistant Superintendent, Chief
Inspector, Sub-Inspector, and Constable.
(a) Sample Emoluments for Superintendent

80
(b) Sample Emoluments for Assistant Superintendent

81
(c) Sample Emoluments for Chief Inspector

82
(d) Sample Emoluments for Sub-Inspector

83
(e) Sample Emoluments for Constable

84
A Human Rights Commission

project funded by
United Nations Development Programme

(UNDP)
For information contact
Human Rights Commission

Human Rights House
Independence Avenue
P.O. Box 33812
Lusaka, ZAMBIA
Tel: 251327/57
Fax 251342
eMail: [email protected]
url: http://www.hrc.org.zm
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HUMAN RIGHTS C OMMISSION

Inside … Voices on Police Conduct

– 24 year old male. Occupation: Garden boy.

“I personally arrested a thief,

– 40 year old male. Occupation: Shop Manager.

HUMAN RIGHTS COMMISSION

A Human Rights Commission

United Nations Development Programme

HUMAN RIGHTS COMMISSION

In addition, individual’s participation and engagement in constitution making

HUMAN RIGHTS COMMISSION

Chapter One. Constitutionalism and Human Rights

Chapter Two. The Judiciary and Human Rights Protection

Chapter Three. The Police and Human Rights Protection

Chapter Four. Individual Rights

Chapter Five. Democratic Governance

Chapter Six. Conclusions, Outlook and Recommendations

HUMAN RIGHTS COMMISSION

I Part III of Constitution of Zambia, Protection of Fundamental Rights and Freedom of

III Southern African Regional Police Chiefs Co-operation Organisation (SARPCCO)

IV Sample Emoluments for Superintendent, Assistant Superintendent, Chief Inspector,

HUMAN RIGHTS COMMISSION

The Commission also acknowledges the contributions of the reviewers Sindiso

Lastly, the Commission acknowledges the contributions of the staff of the

HUMAN RIGHTS COMMISSION

CID Criminal Investigations Department

HUMAN RIGHTS COMMISSION

Reporting of human rights incidents, hindrances to human rights enjoyment and

1.2 Understanding Human Rights Human Rights Defined

HUMAN RIGHTS COMMISSION

1.3 What is Constitutionalism?

To the average person constitutionalism is an alien and distant concept. Unlike

a system of political arrangement that is founded and governed by a

An individual’s everyday understanding of the concept of constitutionalism therefore

HUMAN RIGHTS COMMISSION

(d) His or her individual rights shall be protected.

Constitutionalism provides that in a democracy, the content of a country’s

(a) Maintenance of sovereignty;

Therefore, an individual’s everyday understanding of constitutionalism should be the

Furthermore, constitutions consist of overarching arrangeme nts that determine the

HUMAN RIGHTS COMMISSION

1.4 Constitutionalism and Human Rights – The Convergence!

For instance, predictability is ensured in that every individual suspected of a crime

Thus, inherently, constitutionalism is a convergent means by which respect of human

1.5 The 2008 State of Human Rights Report

HUMAN RIGHTS COMMISSION

(a) Rule of Law in Human Rights Protection

The three pillars of the rule of law are:

Basic principles of constitutionalism entail that institutional provisions used to

Effective rule of law in any society is determined by factors that include

HUMAN RIGHTS COMMISSION

In addition, non-observance of laws by institutions and their malfunctioning

(i) The role of the judiciary in human rights protection; and,

(b) Individual Rights

Chapter four consequently provides the observations on incidences of human

(c) Democratic Governance

HUMAN RIGHTS COMMISSION

HUMAN RIGHTS COMMISSION

2.2 The Judiciary in Zambia