Browsing by Author "KASOTE, Mwape"

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    An Evaluation on the duration of Pre-Trial Detention of a Person in Custody in Zambia
    (2026) KASOTE, Mwape
    This study investigated the issue of extended pre-trial detention in Zambia’s criminal justice system, focusing on key legal and human rights issues. Although pre-trial detention is meant to guarantee the accused’s presence at trial and uphold justice, it has often exceeded acceptable durations in Zambia, leading to violations of constitutional rights to personal liberty and a fair trial. This study provided a critical examination of the current legal framework regulating pre-trial detention in Zambia, including the Constitution, the Zambia Correctional Service Act, the Criminal Procedure Code, and relevant provisions of the International Covenant on Civil and Political Rights (ICCPR). It identified systemic problems such as delays in the judicial process, insufficient legal representation, overcrowded detention centers, and limited judicial resources. The research analyzed key court decisions that highlight the constitutional need to prevent unnecessary detention and addresses cases exposing human rights violations in custody. Additionally, it evaluated Zambia’s adherence to international legal commitments and points out major legislative and practical shortcomings that contribute to extended detention periods. Covering the years from 2010 to the present, the study examined how these issues affect detainees' rights and the criminal justice system's overall effectiveness. It aimed to recommend realistic reforms to speed up trials, enhance bail accessibility, and decrease case backlogs to strengthen the rule of law and rebuild public trust. The findings supported ongoing criminal justice reforms in Zambia and provide useful perspectives for other African countries facing similar challenges. The study ultimately stressed that pre-trial detention should be used sparingly, in accordance with constitutional protections and international human rights standards.