THE PRESUMPTION OF INNOCENCE: SHEBBY CHILEKWA (THE BARBER) –
HON TASILA LUNGU MWANSA WRITES
On Friday February 5, 2021. Shebby was taken into police custody, in the absence of his legal representation. His legal representation was only given access to him on Wednesday afternoon.
“According to Article 18 (2) of the Zambian Constitution, every person who is charged with a criminal offence shall be presumed to be innocent until he or she is proved or pleads guilty. And since the Zambia Constitution, as stated in Article 1 (1) overrides any other written law, or customary law, or customary practice, everyone must respect the Presumption of Innocence Law.”
“Therefore, a mere allegation is not a conviction and it is not the duty of the accused to prove his innocence. The principle of Presumption of Innocence until proven guilty by the Courts of Law is also one of the pillars of the African Charter on Human and People’s Rights and the International Covenant for Civil and Political Rights.”
Tasila Lungu Mwansa