The Arrest of Dr. Chris Zumani Zimba, Failure to Grant Police Bond and Now Moving him to an Unknown Location
The recent arrest of Dr. Chris Zumani Zimba, the former State House political advisor, and three other individuals in Lusaka has raised serious concerns about the administration of justice in Zambia. The charges of terrorism against them demand a fair and transparent legal process, which includes the provision of bail and timely court appearances. However, the failure to grant police bond or bail and facilitate their court appearance not only undermines the principles of justice but also raises questions about the cooperation between the police and the courts in upholding the rule of law.
The Importance of Police and Court Collaboration:
In any democratic society, the police and the courts play integral roles in maintaining law and order. Collaboration between these two institutions is vital to ensure justice is served efficiently and fairly. The police are responsible for conducting thorough investigations, gathering evidence, and making arrests, while the courts are entrusted with the responsibility of adjudicating cases and delivering impartial judgments. It is essential that these institutions work hand in hand to uphold the principles of justice.
The Arrest of Dr. Chris Zumani Zimba:
Dr. Chris Zumani Zimba, a well-known political figure, was arrested last week on charges of terrorism. While it is important to address any potential threats to national security, it is equally crucial to guarantee that the rights of the accused are respected. The principle of “innocent until proven guilty” should guide the treatment of individuals accused of crimes, regardless of their social or political status.
Failure to Grant Bail:
The denial of police bond or bail (if he is taken to court) to Dr. Zumani Zimba and his co-accused is a matter of concern. The right to bail is enshrined in the legal systems of many countries, including Zambia. According to Section 22 of the Constitution of Zambia, every person charged with an offense has the right to be released on reasonable conditions pending trial, unless there are compelling reasons to believe that their release would jeopardize public safety or the administration of justice. Denying bail without valid justifications raises doubts about the adherence to due process and the presumption of innocence.
Court Appearance and Timely Trial:
Equally troubling is the failure to ensure the timely appearance of the accused before the court. Prompt court appearances are essential to prevent prolonged pretrial detention, which can infringe upon an individual’s rights and contribute to overcrowding in prisons. Article 18(2) of the Zambian Constitution guarantees every person who is arrested or detained the right to be brought promptly before a court of law. This provision underscores the importance of expeditious proceedings to prevent any undue suffering or violation of fundamental rights. And where the police refuse to give bond, the prompt court appearance can help the accused get bail.
The Laws of Zambia on Terrorism:
While it is crucial to address the issue of terrorism to safeguard national security, it is equally important to ensure that legal definitions and procedures are clear and fair. The Zambian Penal Code provides a framework for addressing acts of terrorism. Section 90 of the Penal Code defines terrorism as any act or threat of violence intended to intimidate, coerce, or cause terror among the public or a section of the public. However, it is crucial that this definition is applied judiciously and in accordance with the principles of justice and human rights.
The arrest of Dr. Chris Zumani Zimba and the denial of bond or bail, along with the failure to provide a timely court appearance, raises concerns about the commitment of the Zambian authorities to uphold the principles of justice and due process. It is essential that the police and courts collaborate effectively, respecting the rights of the accused and adhering to the provisions of the Zambian Constitution. The pursuit of justice should be carried out in a manner that is transparent, fair, and respects the fundamental rights of all individuals.
Dr. Chris Zumani Zimba has now been moved to an unknown location, thereby endangering his life and violating his human rights even further.
Issued by Saboi Imboela