Highlights
INTRODUCTION Since the re-introduction of multi-party democracy in Zambia in 1991, some progress has been registered in the governance system of the country, including its criminal justice system. However, many challenges remain across Zambia’s criminal justice institutions, and these inhibit the e! cient and e" ective delivery of justice to its citizens.1 One overarching structural problem centres on the uneasy coexistence of common and customary law. # is gives rise to a troublesome paradox whereby the constitutionally recognised legal system is known and accessed by the few while the many - mostly rural people – only know, understand and access customary law. # is policy brief discusses the e! cacy of Zambia’s criminal justice system by focusing primarily on crime, policing, prosecution, the judiciary, prison service, customary justice and international instruments. Virtually all these facets share the same weaknesses with regard to capacity, for example poor funding, inaccessible data, inadequate remuneration of sta" , poor training, poor infrastructure, and human rights abuses. # e policy brief also recommends requisite key reforms for each sector.
ZAMBIA’S CRIMINAL JUSTICE SYSTEM AND POLICY RECOMMENDATIONS Crime Zambia is battling with a high and increasing crime $ gure, but unfortunately hard data is not released to the public. Corruption is all pervasive in and outside government and at all levels of society, and is particularly manifest in the electoral process and public service delivery. Anti-corruption and oversight institutions such as the Anti-Corruption Commission, Parliament, the Auditor-General and the Ombudsman are underresourced and underskilled and are therefore proving ine" ective in combating this national scourge. Equally problematic are criminal activities relating to drug and human tra! cking, money laundering, and illegal migration, but once again, there is inadequate data available on the scale of the challenges. # e authorities also have inadequate capacity to deal with these pressing problems.
CONCLUSION Zambia’s criminal justice system is in a chronically weak state. To remedy this, it is vital to harmonise the country’s customary and formal justice systems. Resolving this legal dichotomy is one of the complex challenges of reforming the criminal justice system in the country. Zambia clearly needs to undertake major reforms in all its criminal justice institutions to improve e! ciency and e" ectiveness in the delivery of justice to all its citizens. Otherwise access to timely justice for most Zambians will continue to be severely compromised.
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