Penology in Zambia
Penology in Zambia involves the systems and practices related to crime punishment, prison management, and rehabilitation within the Zambian criminal justice framework. Zambia's approach to penology is a blend of British colonial legal influences, modern statutory law, and, to a lesser extent, customary practices.
1. Legal and Penal Framework
Statutory Law: Zambia’s criminal justice system is based on English common law and is codified in the Penal Code Act and the Criminal Procedure Code.
Ministry of Home Affairs oversees correctional services through the Zambia Correctional Service (ZCS), which replaced the former Zambia Prisons Service in 2016 to emphasize rehabilitation over punishment.
2. Types of Punishments
Imprisonment: Most commonly used form of punishment for both minor and serious crimes.
Fines: Used for lesser offenses or as an alternative to imprisonment.
Capital Punishment: Still legal (for crimes like murder and treason), but Zambia declared a moratorium on executions, and in 2022, the death penalty was officially abolished.
Community Service and Probation: These are increasingly being used, especially for minor offenders, to ease prison overcrowding.
3. Prison System and Conditions
Overcrowding: Zambian prisons are often overcrowded, with inmates held in facilities well beyond their capacity.
Infrastructure: Many prisons are outdated and lack proper sanitation, ventilation, and basic amenities.
Healthcare: Inmates have limited access to medical care, and diseases like TB and HIV are common.
Human Rights Concerns: Reports of abuse, poor nutrition, and lack of legal representation are recurring issues.
4. Rehabilitation and Correctional Approach
The Zambia Correctional Service Act of 2016 shifted the philosophy from mere punishment to correction, rehabilitation, and reintegration.
Programs include:
Vocational training (e.g., carpentry, tailoring, farming),
Literacy and education,
Spiritual counseling and life skills development.
However, resources are limited, and many inmates still do not benefit from these programs.
5. Juveniles and Women in the Penal System
Juveniles: Held separately from adults, though facilities are often inadequate. The law requires a focus on rehabilitation.
Women: A small proportion of the prison population, but facilities often lack gender-sensitive services like maternal care or childcare for incarcerated mothers.
6. Challenges and Reforms
Prison Reform Initiatives: Supported by both government and international partners like UNODC and NGOs, aiming to improve conditions and expand non-custodial sentencing.
Legal Aid and Access to Justice: Many inmates await trial for extended periods due to case backlogs and lack of representation.
COVID-19: Exacerbated prison overcrowding and health risks, prompting calls for further reform.
RELATED Blog
0 comments