LAZ CONDEMNS PROLONGED DETENTION OF SUSPECTS WITHOUT COURT APPEARANCE
The Law Association of Zambia (LAZ) notes with grave concern recent reports of persons remaining in detention for extended periods without being brought before a court.
The right to personal liberty is a fundamental constitutional protection which must be respected at all times, irrespective of the nature of the allegations against a person, their political affiliation, status or any other consideration. While law-enforcement and investigative agencies have an important responsibility to prevent crime, investigate offences and bring alleged offenders to justice, the powers of arrest and detention must at all times be exercised within the confines of the Constitution and the law.
The Constitution of Zambia, under Article 13, protects every person’s right to personal liberty and requires that a person who is arrested and not released be brought before a court without undue delay. The Constitution further provides for compensation where a person has been unlawfully arrested or detained.
These constitutional protections are reinforced by the Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia, particularly sections 30 and 33, which require arrested persons to be dealt with without unnecessary delay. Where a person arrested without a warrant cannot practicably be brought before a competent court within twenty-four hours, the law provides for an inquiry into the case and, where applicable, release on police bond. Where the person is not released and remains in custody, they must be brought before a competent court as soon as practicable.
These safeguards are not mere procedural formalities. They are fundamental protections against unlawful or unjustifiably prolonged deprivation of liberty and are essential to ensuring that the exercise of State power remains subject to the Constitution, the law and judicial oversight.
LAZ further emphasises that detention must not be used as a substitute for investigation. An arrest must be founded on lawful grounds existing at the time it is effected. Where reasonable suspicion or reasonable grounds are required by law, those grounds must exist when the arrest is made. Investigations may properly continue following a lawful arrest, but the fact that investigations are ongoing does not, by itself, justify continued detention outside the limits prescribed by law.
The law does not require every investigation to be completed before an arrest may lawfully be made. Where the legal threshold for arrest has been met, an arrest may properly be effected and investigations may continue thereafter.
The essential principle is that arrest should not be used merely as a means of first determining whether a person has committed an offence. This principle is consistent with the decision of the Supreme Court in Munyonsi & Another v Ngalabeka, S.C.Z. Judgment No. 23 of 1999, in which the Court affirmed that the Police may arrest persons for offences recognised by law but “have no power to arrest persons for the purposes of making inquiries.” The Court also recognised that suspects may, where permitted by law, be held to assist investigations.
The power to arrest and detain is among the most significant coercive powers exercised by the State and must therefore be exercised responsibly and lawfully. Compliance with the safeguards governing arrest and detention is not a matter of discretion, administrative convenience or policy preference. It is an obligation imposed by the Constitution and the law.
LAZ recognises the important responsibility placed upon law-enforcement and investigative agencies to prevent crime, investigate offences and bring alleged offenders to justice. LAZ does not, through this Statement, express any view on the guilt or innocence of any person who may be under investigation or prosecution. Effective law enforcement and the protection of constitutional rights are not competing objectives. The rule of law requires both.
LAZ therefore calls upon the Zambia Police Service and all other institutions exercising powers of arrest and detention to:
1. Ensure that every arrest and continued detention has a lawful basis and complies with the Constitution and applicable law;
2. Bring every person who remains in custody before a competent court without undue delay and in accordance with the applicable law, or otherwise lawfully release that person;
3. Grant police bond where the law permits and the circumstances warrant, rather than allowing persons to remain in custody merely because investigations are ongoing;
4. Conduct investigations diligently and expeditiously and ensure that detention is never used as a substitute for proper investigation; and
5. Respect and uphold the constitutional rights and safeguards applicable to every arrested or detained person without discrimination or improper distinction.
LAZ emphasises that the seriousness of an allegation does not place any person outside the protection of the Constitution. While the nature and seriousness of an alleged offence may have consequences under the applicable law, including in relation to release on bond, they do not extinguish the constitutional requirement that any deprivation of liberty must remain lawful.
LAZ therefore calls upon all relevant law-enforcement and investigative authorities to urgently review cases in which persons remain in custody without having been brought before a court and to take immediate steps to ensure that every such detention complies with the Constitution and applicable law.
The rule of law requires the State to investigate and prosecute suspected criminal conduct. It equally requires the State, in doing so, to obey the law.
This Press Statement is issued pursuant to section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.
Dated this 22nd day of September, 2026.