By Chipenzi McDonald
THE CONSTITUTIONAL POWERS OF THE PRESIDENT VIS-A-VIS PRISONERS.
THE Constitution of Zambia (Amendment) Act No. 2 of 2016 Article 97(1) guides that “the President may, on the advice of the Advisory Committee—
(a) conditionally or unconditionally, pardon a person convicte of an offence;
(b) substitute a less severe form of punishment imposed on a person by a court; or
(c) remit the whole or part of a fine, penalty or forfeiture.
(2)A person who is sentenced to death may request the President, either directly or through a representative, for a pardon or commutation of the sentence.”
The Commissioner General of the Correctional Facilities/Prisons, Dr Chisela Chileshe claims that the *responsible, loving, careful President* who has created a *conducive environment* (Whatever this means) has exercised his powers under the Constitution to “give prisoners a 2 week-long holiday to see their families.”
A perusal through the Constitution of Zambia and the new Act-Zambia Correctional Service Act of 2021 which has repealed and replaced the Prisons Act of 1965 seem to be have no such provisions unless missed in the bulkiness of the Act.
So which Constitution or Act was the Commissioner General referring to in his statement that backs the decision to allow prisoners to go on holidaying for 2 weeks, come to prisons and those who behave well never to come back to walls of confinement and holidaying from what?
The nation still needs more explanation from the Commissioner General of Correctional Facilities/Prisons.
I submit