Browsing by Author "BANDA, Thabo"

Filter results by typing the first few letters
Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Failure to Uphold the Right to Tried Within a “Reasonable Time”: Analysing the Feasibilitiy of Alternative Dispute Resolution in Criminal Cases
    (2026) BANDA, Thabo
    This study examined the right of an accused person to be tried within a reasonable time, a fundamental yet overlooked right by the judicial system. Despite the role of the government to protect, promote and respect all human rights many cases indicate that there has been a failure to uphold this right. Key legislative instruments such as the African Charter on Human and Peoples Rights (Banjul Charter) and the Constitution of Zambia Act No. 2 of 2016 provide for this fundamental right, however many case studies indicate that its enforcement is weak. There are many factors that contribute to the weak enforcement which include case backlog, failure to obtain evidence promptly, unnecessary adjournments, inadequate infrastructure, procedural errors and slow processing of cases. As a result, many accused persons remain detained for lengthy periods without having their cases heard and concluded by the court, leaving them and the general public with a lack of trust in the justice system. This research critically examined these gaps while drawing lessons from the United Kingdom and Rwanda, two jurisdictions with robust legal systems that have integrated Alternative Dispute Resolution (ADR) in criminal cases in order to address promote or amicable justice. Both jurisdictions have integrated ADR by establishing legislative and policy framework, restorative justice and victim centered programs and professional competence and standards. Using a qualitative, phenomenological approach, the study captured the lived experiences through interviews conducted of accused persons that have been detained for lengthy periods without having their cases heard and concluded by the court. Data analysis involves thematic coding to identify patterns in their challenges and the shortcomings of existing legal protections. The findings are anticipated to reveal significant gaps in Zambia’s framework, particularly regarding the enforcement of the right to be tried within a reasonable time. Based on international best practices, the study proposed targeted policy recommendations such as establish clear eligibility criteria, establish procedural rules, formalize plea bargaining procedures, mandate post referral judicial review, create community courts, guarantee legal representation in ADR, mandate specialized training, develop a centralized code of conduct, establish a monitoring unit and prioritize public awareness. These reforms aimed to ensure the right to be tried within a reasonable time is upheld by providing alternative methods to resolve disputes other than the tradition court system process.