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Criminal Justice In Zambia?
There is the old adage that goes ”Justice delayed is justice denied”. Indeed with regard to this, even the United Nations Charter on Human Rights recognises that a speedy and fair trial is an entitlement, a human right.
I have been compelled to write and seek the public’s views on the subject as I am very concerned , albeit for very personal reasons, about the delivery of justice in Zambia.
At the risk of being in contempt of court, as the matter I refer to is still in the High court of Zambia, I will, nonetheless delve into a few datails.
This is the murder case of THE PEOPLE Vs BEATRICE HANGWENDE AND OTHERS. My sympathy and condolences go to the deceased family. I have among the accused a close relation, whom i I will not name, but who, together with the other accused has been in incarceration at Lusaka Central Prison ( Chimbokaila ) since April 2007. Understandably , as trials of this nature sometimes will, it took the prosecution and the defence four years to conclude the trial. I have to mention here that during the trial there was very little mention of my accused relative and no evidence was offered directly connecting her to the murder.
My concern however is that TWO (2) years after the trial was concluded, the Honourable Judge Gregory Phiri has not passed judgement. 2 years. I am told others have spent 10 or more years in prison without knowing their fate, albeit for different reasons.
Surely don’t the accused persons deserve to know their fate at least?? I am not suggesting that they are innocent or that they be acquitted, just that judgement be passed. Remember that it is not all who are remanded in prison who are guilty. How long does it take surely for the judge to look at the evidence adduced by the prosecution, and the defence offered by the accused and make a judgement of whether to convict or acquit? HOW LONG DOES IT TAKE??
I am told that there is a precedent that says a Judge can not be compelled to pass judgement, and must do so in his own time. But precedents notwithstanding, MORALITY alone should dictate that these matters, especially were the accused are remanded in prison, should be handled speedily. Or at least within “ reasonable time”. How much “ reasonable time” is, may be a subject for debate, but surely 2 years to pass judgement is unreasonable.
This is why we need Judicial reforms in Zambia. Because a society, a judicial system that will entrust the lives of its citizens, accused of capital crimes or not, to the whims of one individual is not a just society.
What recourse do we have against such injustice?
Posted by Admin
on February 22, 2013. Filed under Forum, LATEST NEWS.
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MWALE ENOS
February 22, 2013 at 10:15 am
Surprised it is Honourable Justice Gregory Phiri involved! Indeed justice delayed is Justice denied. Hope the accused can know their fate ASAP.
Lisa
February 22, 2013 at 11:23 am
BEATRICE HANGWENDE & others re paying for their sins! let them rot in Prison.
Lawyer
February 22, 2013 at 11:25 am
Sad indeed. Unfortunately these are the silent injustices that no one speaks of in this country. Judges are above the law in this country…and yet thy are only human.
Lawyer
February 22, 2013 at 11:29 am
Ba Lisa,
Indeed let them rot….AFTER they are convicted.I hope one day you will know first hand how many people who find themselves in prison are innocent. That is why we have courts of law, to determine guilt or innocence and act accordingly, WITHOUT UNDUE DELAY!!!
iwe!
February 22, 2013 at 11:55 am
@Lawyer, re u a relative to th “Others” or did u follow Beatrice’s story & others? if u did, u would too wish them both to continue suffering in Chimbokaila as @Lisa said it. th only mistake is th delay in convicting them. otherwise wit Justice Gregory Phiri they will surely ROT!
Lisa
February 22, 2013 at 12:13 pm
@Lawyer,
im vry mch aware of those innocent pipo in prison awaiting judgment, bt nt everybody wu speaks is innocent, my uncle who is in maximum prison in Kabwe who is awaiting judgment is one of those pipo who speaks of being innocent, bt we th relatives who knows th crime he committed hv nev complained abt delaying in passing of his judgment. my uncle has bn in prison for than 10yrs nw & wat does sh/he complain abt as if his/her relatives re th only ones who has stayed in prison for so long.
timmy
February 22, 2013 at 2:10 pm
In Zimbabwe justice is fast and fair.
MutellR
February 22, 2013 at 4:11 pm
I stand to agree with you,Adjourning a case before it is even heard….
David livingstone
February 23, 2013 at 9:26 am
@lisa it is very saddening to read yo comments. The issue raised here is very serious and needs all of us to put aside any interest and suggest the best alternatives. Wateva we may stand for now may affect our children as well. Guilty or not these people have the right to know their fate in the shortest possible time.
Indeed we quickly need reforms in this country. Let’s not wait until were victims of this same rotten system before we can scream on top of our voices. Have a heart sis.