Republic of Zambia
Republic of Zambia
Joined United Nations: 1 December 1964
Human Rights as assured by their constitution
Updated 28 February 2013
note: estimates for this country explicitly take into account the effects of excess mortality
due to AIDS; this can result in lower life expectancy, higher infant mortality and death
rates, lower population and growth rates, and changes in the distribution of population by
age and sex than would otherwise be expected (July 2012 est.)
president elected by popular vote for a five-year term (eligible for a
second term); vice president appointed by the president, election
last held on 20 September 2011
Next scheduled election: 2016
HEAD OF GOVERNMENT
According to the Zambian Constitution, the President is both
the Chief of State and Head of Government
|DECLARATION OF HUMAN RIGHTS
African 99.5% (includes Bemba, Tonga, Chewa, Lozi, Nsenga, Tumbuka, Ngoni, Lala, Kaonde, Lunda, and other African
groups), other 0.5% (includes Europeans, Asians, and Americans) (2000 Census)
Christian 50%-75%, Muslim and Hindu 24%-49%, indigenous beliefs 1%
Republic with 9 provinces; Legal system is based on English common law and customary law; judicial review of legislative acts in an
ad hoc constitutional council; has not accepted compulsory ICJ jurisdiction
Executive: president elected by popular vote for a five-year term (eligible for a second term); election last held on 20 September
2011 (next to be held in 2016); vice president appointed by the president
Legislative: Unicameral National Assembly (158 seats; 150 members are elected by popular vote, 8 members appointed by the
president, to serve five-year terms)
elections: last held on 20 September 2011 (next to be held in 2016)
Judicial: Supreme Court (the final court of appeal; justices are appointed by the president); High Court (has unlimited jurisdiction to
hear civil and criminal cases)
Bemba 30.1% (official), Nyanja 10.7% (official), Tonga 10.6% (official), Lozi 5.7% (official), Chewa 4.9%, Nsenga 3.4%,
Tumbuka 2.5%, Lunda 2.2% (official), Kaonde 2% (official), Lala 2%, Luvale 1.7% (official), English 1.7% (official), other
22.5% (2000 Census)
The original inhabitants of modern day Zambia were bushmen (also called San), who were hunters and gatherers who lived a
nomadic life, with stone age technology. Mainly they gathered fruits and nuts, but they also hunted antelope. The bushmen were the
only inhabitants of the region until the 4th century, when Bantu or Tonga people started to migrate from the north. They had far
more developed technology - they were farmers and had iron and copper tools and weapons, as well as knowledge about pottery
Even today Tonga people are Knowledgeable and good farmers in food production and cattle farming. . They were sedentary and
lived in small self sufficient villages with a few houses, growing sorghum and beans, as well as keeping cattle and goats. Since the
early farmers practised slash and burn agriculture, they had to constantly move further south when the soil was exhausted. The
indigenous bushmen were either assimilated into the new culture or pushed aside into areas not suitable for agriculture. With the
introduction of agriculture the population grew, and more and more land became cultivated. By the 11th and 12th centuries a more
advanced society was beginning to emerge. Even though most villages still were self sufficient, long distance trade was developing.
The period between the 16th and the 19th centuries saw the emergence of organised Iron Age kingdoms as well as widespread
immigration. Four kingdoms was established in this period - among the Kazembe-Lunda in the north centered around the lower
Luapula River, the Bemba in the north east, the Chewa in the east and the Lozi in the west centered around the upper Zambezi
River. The territory of the present Zambia, being far inland, did not have direct contact with non-Africans until relatively recently in
its history. Arab and Portuguese traders were visiting by the 18th Century. The first recorded visits by Europeans to Zambia were
Manoel Caetano Pereira (a trader of mixed Goanese and Portuguese descent) in 1796 and Dr Francisco Jos Maria de Lacerda (an
explorer) in 1798. Both came via Tete in Mozambique to Mwata Kazembe's capital to try and get the chief's agreement to a
Portuguese trade route between their territories of Mozambique and Angola. Lacerda died within a few weeks of arriving at
Kazembe’s but left a valuable journal which was carried back to Tete by his priest and which was later translated into English by the
explorer Sir Richard Burton. However, it is believed the Portuguese first settled in Zumbo, Mozambique, in 1720, which is just
across the Luangwa River from Zambia, at the confluence with the Zambezi River. Around 1820 they had settled on the Zambian
side at Feira (now Luangwa). So it is very likely they were visiting Zambian territory between 1720 and 1820. The first Briton to set
his foot on Zambian soil was David Livingstone. In 1851 he started his famous exploration of the upper Zambezi River, and in 1855
he became the first European to see Mosi-oa-Tunya, the waterfalls on the Zambezi River, which he named after Queen Victoria,
and the Zambian town near the falls is named after him. Livingstone later died in Zambia in 1873. The Lozi people of Barotseland
had prevented access to their land by Arab and Portuguese traders. When the kingdom was first established is uncertain, but it was
certainly in existence by the 18th century, the Lozi calling themselves Aluya and their country Ngulu. Its ruler was called the Litunga,
and had two capitals: in the dry season he stayed at Lealui, while in the rainy season he moved to Limulunga, a move that is still
celebrated in the Kuomboka annual festival. In 1888, Cecil Rhodes, spearheading British commercial and political interests in
Central Africa, obtained a mineral rights concession from local chiefs. In the same year, Northern and Southern Rhodesia, now
Zambia and Zimbabwe, were proclaimed a British sphere of influence. To start with the territory was administered by Rhodes'
British South Africa Company, which showed little interest for the province and used it mainly as a supplier of cheap labour.In 1923
the British government decided not to renew the company's charter; as a result, Southern Rhodesia was annexed formally and
granted self-government in 1923. After negotiations the administration of Northern Rhodesia was transferred to the British colonial
office in 1924 as a protectorate, with Livingstone as capital. It was later transferred to Lusaka in 1935. A Legislative Council was
established, of which five members were elected by the small European minority (only 4,000 people), but none by the African
population. In 1928 important discoveries were made in the region from then on called Copperbelt - enormous copper deposits
were found, transforming Northern Rhodesia from a prospective land of colonization for white farmers to a copper exporter. During
the Second World War white miners came out on strike in 1940. Realising the importance of their products for the war, they
demanded higher salaries. This strike was followed by another by African mineworkers. Even before the war, there had been talks
about merging the two Rhodesia's, but the process had been halted by the British authorities, and brought to an absolute stop by the
war. Finally, in 1953, both Rhodesia's were joined with Nyasaland (now Malawi) to form the Federation of Rhodesia and
Nyasaland. A two-stage election held in October and December 1962 resulted in an African majority in the legislative council and
an uneasy coalition between the two African nationalist parties. The council passed resolutions calling for Northern Rhodesia's
secession from the federation and demanding full internal self-government under a new constitution and a new national assembly
based on a broader, more democratic franchise. On December 31, 1963, the federation was dissolved, and Northern Rhodesia
became the Republic of Zambia on October 24, 1964. Kenneth Kaunda was elected prime minister, and later the same year
president, as the country adopted a presidential system. Kaunda adopted an ideology of African socialism, close to that of Julius
Nyerere in Tanzania. Economical policies focused on central planning and nationalisation, and a system of one party rule was put in
place. Internationally, Zambia's sympathies lay with forces opposing colonial or white-dominated rule. During the next decade, it
actively supported movements such as the National Union for the Total Independence of Angola (UNITA) under the independence
war and under the subsequent civil war, the Zimbabwe African People's Union (ZAPU) in Southern Rhodesia, the African National
Congress (ANC) in their struggle against apartheid in South Africa, and the South-West Africa People's Organization (SWAPO) in
their struggle for independence for Namibia. The one party rule and the declining economy created disappointment among the
people. Several strikes hit the country in 1981. The government responded by arresting several union leaders, among them
Frederick Chiluba. In 1986 and 1987 protests arose again in Lusaka and the Copperbelt. These were followed by riots over rising
food prices in 1991, in which at least 30 people were killed. The same year the state owned radio claimed that Kaunda had been
removed from office by the army. This was not true, and the coup attempt failed. After a new constitution had been drafted,
elections were held in 1991. They were generally regarded to have been free and fair, and Chiluba won 76% of the presidential
vote, and the MMD 125 of the 150 seats in the National Assembly, with the UNIP taking the remaining 25. In 1993 the
government owned newspaper "The Times of Zambia" reported a story about a secret UNIP plan to take control of government by
unconstitutional means, called the "Zero Operation Plan". Prior to the 1996 elections, the UNIP formed an alliance with six other
opposition parties. Kenneth Kaunda had earlier retired from politics, but after internal turbulence in the party, due to the "Zero
Operation Plan" scandal, he returned, replacing his own successor Kebby Musokotwane. In 1997 matters escalated. On October
28 a coup d'etat took place, as a group of army commanders took control over the national radio station, broadcasting a message
stating that Chiluba was no longer president. The coup was brought to an end by regular forces, after Chiluba had again declared a
state of emergency. One person was killed during the operation. After the failed coup the police arrested at least 84 people accused
of involvement. Among these were Kenneth Kaunda and Dean Mungomba, leader of the opposition party the Zambia Democratic
Congress. The arrests were condemned and criticised as illegal inside as well as outside Zambia, and accusations of torture were
made as well. Kaunda was released in June the following year, but 44 of the soldiers who took part in the coup were sentenced to
death in 2003. Prior to the elections in 2001 Chiluba tried to change the constitution to allow him to run for a third term. He was
forced to step back on this point after protest from within the party as well as from the Zambian public. Vice President Rupiah
Banda assumed the role as Acting Chief of State and Head of Government following the death of President Levy Mwanawasa on
19 August 2008. Under Zambia's constitution, an election must be called within 90 days of the presidential office becoming vacant.
The presidential term is five years. A general election was held in Zambia on 20 September 2011 to elect a President and
representatives to the National Assembly. On 23 September, Chief Justice Ernest Sakala announced that Michael Sata had won the
election, defeating incumbent Rupiah Banda. He was sworn into office the same day.
Source: Wikipedia: History of Zambia
Zambia's economy has experienced strong growth in recent years, with real GDP growth in 2005-12 more than 6% per year.
Privatization of government-owned copper mines in the 1990s relieved the government from covering mammoth losses generated
by the industry and greatly increased copper mining output and profitability to spur economic growth. Copper output has increased
steadily since 2004, due to higher copper prices and foreign investment. In 2005, Zambia qualified for debt relief under the Highly
Indebted Poor Country Initiative, consisting of approximately US$6 billion in debt relief. Poverty remains a significant problem in
Zambia, despite a stronger economy. Zambia's dependency on copper makes it vulnerable to depressed commodity prices, but
record high copper prices and a bumper maize crop in 2010 helped Zambia rebound quickly from the world economic slowdown
that began in 2008. Zambia has made some strides to improve the ease of doing business. A high birth rate, relatively high
HIV/AIDS burden, and market distorting agricultural policies have meant that Zambia's economic growth has not dramatically
decreased the stubbornly high poverty rates.
Source: CIA World Factbook (select Zambia)
The 2006 presidential election, was hotly contested with Mwanawasa being re-elected by a clear margin over principle challengers
Michael Sata of the Patriotic Front and Hakainde Hichilema of the United Democratic Alliance.
The parliamentary election that same year awarded MMD with 72 seats, the remaining 84 seats split among other parties with the
majority of those seats going to the Patriotic Front.
The presidency of Levy Mwanawasa until his death in office in mid 2008, was different than the flamboyant expenditure and
increasingly apparent corruption of the later years of Frederick Chiluba's terms in office. Indeed, the former president was arrested
and charged with several counts of embezzlement and corruption, firmly quashing initial fears that President Mwanawasa would turn
a blind eye to the allegations of his predecessor's improprieties.
However, Mwanawasa demonstrated an authoritarian streak in early 2004 when he issued a deportation order to a British citizen
and long-time Zambian resident Roy Clarke, who had published a satirical attack on the president in the Zambian Daily Mail. His
early zeal to root out corruption also waned somewhat, with key witnesses in the Chiluba trial leaving the country. The
Constitutional Review Commission set up by Mwanawasa also hit some turbulence, with arguments as to where its findings should
be submitted leading to suspicions that he has been trying to manipulate the outcome. Generally, the Zambian electorate viewed
Mwanawasa's rule as a great improvement over Chiluba's.
Following Mwanawasa's death in August 2008, Zambian vice president Rupiah Banda succeeded him to the office of president, to
be held as a temporary position until the emergency election on October 30, 2008. Banda won by a narrow margin over opposition
leader Michael Sata, to complete the remainder of Mwanawasa's term. A new constitution is being drafted. A general election was
held in Zambia on 20 September 2011 to elect a President and representatives to the National Assembly. On 23 September, Chief
Justice Ernest Sakala announced that Michael Sata had won the election, defeating incumbent Rupiah Banda. He was sworn into
office the same day.
Source: Wikipedia: Politics of Zambia
In 2004, Zimbabwe dropped objections to plans between Botswana and Zambia to build a bridge over the Zambezi River, thereby
de facto recognizing a short, but not clearly delimited, Botswana-Zambia boundary in the river
Refugees (country of origin): 23,500 (Angola); 12,509 (Democratic Republic of the Congo); 5,559 (Rwanda) (2011)
Transshipment point for moderate amounts of methaqualone, small amounts of heroin, and cocaine bound for southern Africa and
possibly Europe; a poorly developed financial infrastructure coupled with a government commitment to combating money
laundering make it an unattractive venue for money launderers; major consumer of cannabis.
|HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
|2011 Human Rights Report: Zambia
Bureau of Democracy, Human Rights, and Labor
2011 Country Reports on Human Rights Practices
May 25, 2012
Zambia is a republic governed by a democratically elected president and a unicameral national assembly. In multiparty general elections
on September 20 that were considered generally free and fair by international and local observers, leader of the opposition Patriotic Front
(PF) Michael Chilufya Sata was elected president. The previous ruling party, the Movement for Multiparty Democracy (MMD), had
exerted considerable influence through its patronage and allotment of government resources. Security forces reported to civilian
Serious human rights abuses occurred during the year. The most important were security force attacks on the physical integrity of
persons, including unlawful killings, torture, beatings, and abuse; life-threatening prison conditions; and arbitrary arrests and prolonged
Other serious human rights problems included long trial delays; arbitrary interference with privacy; restrictions on freedom of speech,
press, assembly, and association; government corruption; violence and discrimination against women; child abuse; trafficking in persons;
discrimination based on sexual orientation and against persons with disabilities; restrictions on labor rights; forced labor; and child labor.
The government generally did not take steps to prosecute or punish officials who committed abuses, and impunity remained a problem.
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27 July 2011
Committee on the Elimination of Discrimination against Women
11 – 29 July 2011
Concluding observations of the Committee on the Elimination of Discrimination against Women
2. The Committee expresses its appreciation to the State party for its combined fifth and sixth periodic report. While the report was
detailed and generally followed the Committee’s guidelines for the preparation of reports, it however did not provide adequate sex-
disaggregated statistics and qualitative data on the situation of women in some of the areas covered by the Convention, in particular with
respect to women from disadvantaged groups. The Committee expresses its appreciation to the State party for its oral presentation
which elaborated on recent developments with respect to the implementation of the Convention as well as the written replies to the list of
issues and questions raised by its pre-session working group.
B. Positive aspects
4. The Committee commends the State party on the adoption of recent legal reforms aimed at eliminating discrimination against women
and promoting gender equality, namely the Zambian Development Agency Act (2006); Citizens Economic Empowerment Act (2006);
Anti-Human Trafficking Act (2008); Anti-Gender Based Violence Act (2011); Education Act (2011); and Statutory Instruments (Nos. 1,
2 and 3) on Minimum Wages and Conditions of Employment (2011) aimed to regularize the informal sector.
5. The Committee also commends the State party for its efforts to implement the Convention through various policies, programmes and
initiatives such as: the policy which reserves 30 percent of titled land specifically for women, at a subsidized rate, as prescribed
in the National Gender Policy (2000); the introduction of a bursary scheme for female students enrolled in science and technical subjects
to ensure greater gender equality in these areas; the incorporation of human rights teaching in the curriculum at primary and secondary
levels in public schools; the adoption of the Mental Health Policy; the launch of the Campaign for Accelerated Reduction of Maternal
Mortality in Africa (CARMA); the development of the Fifth National Development Plan (2006-2010) to achieve the Millennium
Development Goals (MDGs) by 2015; the elaboration of the National Gender Communication Strategy; and the establishment of the
Police Public Complaints Authority (2003), the Inter-ministerial Committee on Trafficking (2004), the Strategic Plan of Action (2004),
and the Parliamentary Committee on Legal Affairs, Governance, Human Rights and Gender Matters. The Committee further commends
the attainment at the High Court and Supreme Court levels of the 50 percent threshold in decision-making positions.
C. Principal areas of concern and recommendations
7. The Committee recalls the obligation of the State party to systematically and continuously implement all the provisions of the
Convention and views the concerns and recommendations identified in the present concluding observations as requiring the priority
attention of the State party between now and the submission of the next periodic report. Consequently, the Committee urges the State
party to focus on those areas in its implementation activities and to report on actions taken and results achieved in its next periodic
report. The Committee calls upon the State party to submit the present concluding observations to the relevant government offices, to the
Parliament and to the judiciary, so as to ensure their full implementation. Parliament
8. While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation of the
obligations of the State party under the Convention, the Committee stresses that the Convention is binding on all branches of
Government and it invites the State party to encourage its Parliament, in line with its procedures and where appropriate, to take the
necessary steps with regard to the implementation of the present concluding observations and the State party’s next reporting process
under the Convention.
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Freedom House Concerned About Electoral Violence in Zambia
Feb 28 2013 - 5:38pm
Freedom House is concerned about rising inter-party tensions and pre-election violence during Zambian by-elections and calls on all
parties to respect the rule of law and encourage their members to engage in peaceful and lawful campaigning. All stakeholders are
obligated to ensure the electoral environment is free from intimidation and violence before truly credible elections can take place.
The Zambian government recently announced that parliamentary by-elections in the southern city of Livingstone had been postponed
following increase violence between party supporters. In recent days local media and observers on the ground have reported increasingly
fractious contestations between supporters of the opposition United Party for National Development (UPND) and ruling Patriotic Front
(PF) parties, who both have candidates running in the election. Latest developments include the arrest of several prominent opposition
leaders, including the President of the UPND, in the wake of the death of a member of the PF party. The parliamentary seat in
Livingstone became vacant after the sitting opposition Member of Parliament resigned his from party.
In 2011, Zambia held country-wide elections that resulted in a peaceful transition of power to the Patriotic Front party and marked a
significant watershed in the deepening of Zambia’s electoral democracy. These elections were applauded by Zambian and international
observers for producing a result that reflected the will of the people and that was accepted by all parties. Escalating tension during recent
by-elections in Zambia, and in particular the developments in the run-up to the Livingstone by-election puts in jeopardy the significant
progress made to date. This violence risks reopening Zambia’s electoral system to regularized incidences of violence and undue influence
upon the voting population. Politically motivated violence must cease if Zambia is to continue on the path toward democratic
Zambia is rated Partly Free in Freedom House's Freedom in the World 2013 and Freedom of the Press 2012 surveys.
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Universal jurisdiction: Strengthening this essential tool of international justice
9 October 2012
Sixth(Legal)CommitteeoftheGeneralAssemblyofuniversaljurisdiction.Aswiththethreepreviouspapers, 1 it suggests
thathewasresponsiblefortorture whenheservedasPresidentoftheUSA. 142
142 John ThomasDidymus,‘WewillnotarrestBush,saysZambianforeignminister’,DigitalJournal,4December2011(http:
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Zambia: Safety Gaps Threaten Copper Miners
Government, Chinese State-Owned Subsidiaries Make Uneven Progress
February 20, 2013
(Johannesburg) – Workers in the copper mining sector in Zambia remain vulnerable to abuse. New Human Rights Watch research found
that the government of President Michael Sata, who promised to prioritize labor rights when he took office in September 2011, has made
some improvements in supporting the oversight of the mines, but there remains inadequate enforcement of national labor laws designed
to protect workers’ rights.
Human Rights Watch published a report in November 2011 documenting labor rights abuses at four Zambian subsidiaries of China Non-
Ferrous Metal Mining Corporation (CNMC), a state-owned enterprise under the authority of China’s highest executive body, the State
Council. In follow-up research in October 2012, Human Rights Watch found that CNMC’s subsidiaries made some notable
improvements on reducing work hours and respecting freedom of association, but that miners continued to face poor health and safety
conditions and threats by managers if they tried to assert their rights. The Zambian government has not adequately intervened to address
these problems, Human Rights Watch found.
“President Sata ran on a populist campaign to protect workers, so the lack of meaningful progress in the mining sector is disappointing,”
said Daniel Bekele, Africa director at Human Rights Watch. “Although CNMC’s subsidiaries have addressed some of the labor rights
abuses documented by Human Rights Watch in 2011, the miners still face significant health and safety risks.”
In October, Human Rights Watch interviewed 31 miners from the four CNMC-run copper-mining operations: Non-Ferrous China Africa
(NFCA), an underground mine; Chambishi Copper Smelter (CCS), a copper smelting plant; Sino Metals, a copper processing plant; and
China Luanshya Mine, an underground and surface pit mine. Human Rights Watch also spoke with national union representatives,
government officials, diplomats, and officials from international organizations working on labor issues in Zambia.
Human Rights Watch has maintained an ongoing dialogue with CNMC about its safety standards, which are crucial in an industry where
acid burns, extreme heat, heavy equipment, high voltage, and falling rocks are prevalent.
In its follow-up research, Human Rights Watch found that the Zambian Ministry of Mines, Energy, and Water Development made little
progress in 2012 in holding responsible companies and managers who put miners in dangerous work situations. Workers and CNMC
company officials reported that the ministry’s Mines Safety Department only infrequently performed safety inspections that should be
routine under Zambian law.
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SPEECH DELIVERED BY HIS EXCELLENCY MR. MICHAEL CHILUFYA SATA PRESIDENT OF THE REPUBLIC OF
ZAMBIA AT THE 67TH REGULAR SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
26 September, 2012.
MICHAEL CHILUFYA SATA, President of Zambia, said that nearly one year ago, he had ended his decades-long career as an opposition
leader when the people of the country had chosen to change political leadership through the democratic and peaceful elections that had
ushered him into office. He would endeavour to use his experience on both sides of Zambia’s political spectrum to make a worthwhile
contribution to democracy. Zambia faced considerable challenges in meeting the basic needs of the majority of its people, and while
much had been made of the country’s macroeconomic indicators, the benefits did not trickle down to the wider citizenry.
Turning to other national concerns, he said that Zambia was committed to promoting good governance, and had, in that regard, put in
place a robust anti-corruption programme, bolstered by more resources, “which should set a new stage in our development.” In addition,
some of Zambia’s main governance and judicial organs were, for the fist time, being headed up by women; the Inspector General of the
National Police, Chairperson of the Anti-Corruption Commission and the Commissioner for Drug Enforcement among them. He said the
Government was also focused on generating jobs for Zambian young people. Despite its vast natural resources, unemployment remained
high and had become a major concern. The Government was, therefore, working to enhance partnerships with various United Nations
agencies, among others, to harness best practices.
“My Government has recognized that without the rule of law, social justice and an independent judicial system, Zambia will not be able
to attain sustainable social and economic development,” he continued, noting in that regard that as an initial step, his administration was
spearheading a constitutional review process intended to bolster the rights and liberties of individual citizens. Turning to the situations in
other African nations, he said the debate’s theme — the peaceful settlement of disputes — was very significant in light of persistent
conflict in places such as Sudan, South Sudan, Guinea-Bissau, Mali and Somalia. His Government had several measures aimed at
alleviating humanitarian conditions in some of those countries, and he urged the wider international community to redouble its efforts and
relevant assistance. Finally, he reaffirmed Zambia’s support for the Ezulwini Consensus and Sirte Declaration regarding Security Council
reform, calling for increased African representation — two permanent sets with veto power in an enlarged Council, and two non-
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Human Rights Commission lauds President Sata
Posted Feb 13, 2013
The Human Rights Commission has commended President Michael Sata for his decision to pardon 59 female prisoners on the occasion
of the commemoration of New Year.
Chairperson, Mrs Pixie Yangailo, said in Lusaka today that the action by the President to release so many female prisoners at a single
occasion was unprecedented and needed to applauded and supported by all Zambians.
Mrs Yangailo noted that the rationale for the release of the prisoners i. e. as a way of decongesting prisons was very much in tandem
with the HRC's long-held and regularly promulgated view that prisons were overcrowded and urgent measures needed to be put in place
to reverse the trend.
She further lauded the President for taking into account the plight of children living with their mothers in prison. They were
circumstantial 'prisoners' serving time for no crime they themselves had at all committed and whose rights were severally and severely
violated as a result.
Similarly, Mrs Yangailo noted, the plight of elderly inmates was taken into account. As people advanced in age they experienced a lot of
physical and mental trials which were best attended to by close relations, friends or other concerned members of their communities
rather than prison warders no matter how humanely they treated them. While recognising that crimes must be punished, hence
imprisonment for it irrespective of age, it was generally accepted that prison was not the best place for senior citizens.
In conclusion, Mrs Yangailo urged the pardoned prisoners to return President Sata's positive gesture by reintegrating in society and
engaging in activities that will equally contribute positively to the development and general well being of society.
She also called on society to not stigmatise them but accept and help them settle back to life outside prison.
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Press Release: Effect of Judges Tribunal
11 May 2012
There have been queries related to the status of the cases that led up to the suspension of the three (3) Judges by His Excellency the
President. We wish to give guidance to the public on the effect of the appointment of the Tribunal to investigate the Judges in issue vis-à-
vis the cases from which the alleged misconduct arose. Particularly, we believe that the public interest resides in the case of
Development Bank of Zambia –v- Post Newspapers Limited, JCN Holdings Limited & Mutembo Nchito.
Our view is that the Tribunal process should not and cannot be used to review the Judgment of Hon. Judge N. K. Mutuna. The
Judgment remains a valid Judgment. Accordingly, we trust that the Development Bank of Zambia will not be stopped from enforcing the
Judgment if there is no stay of execution of Judgment. Any party to the proceedings that is aggrieved by the decision of the Judge has
the right to appeal and we trust that the Lawyers entrusted with handling the matter have the resources and competence to deal with the
From a strictly legal point of view the constitution of the Tribunal is aimed at impugning the conduct of the Judges mentioned. It is
meant to address its mind to the questions whether the Judges acted in a manner that compromised their independence and impartiality
and whether, following on that conduct, the Judges are persons fit to hold the office of Judge. The Tribunal shall not deal with the
substantive issues that arose in the respective cases. Those issues will be for the Courts to deal with in accordance with the rules that
guide practice and procedure.
The Law Association of Zambia will follow the process and any related developments closely but will also be continually cognizant of the
fact that the cases are still sub judice and any comments that have the potential of prejudicing the matters should be avoided. The Law
Association will further reiterate that it will continue to call for meaningful and well designed reform in the Judiciary, which shall be
carried out in a uniform manner and without favour.
The Law Association of Zambia has noted that there is a perception that the President only moved at the instance of persons perceived to
enjoy a close relationship with him. We have, before now, raised concerns about specific instances where the conduct of a judicial
officer has affected a wider range of members of our society. There are indeed numerous other instances that can be cited where
intervention is needed and we expect that the President shall, as in this case, act to redress the situation and appoint Tribunals to
investigate several other judicial officers. These Tribunals must be composed of respectable, competent and honest Judges.
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Michael Chilufya Sata
President since 23 September 2011
Vice President since 30 September 2011