JUVENILE LAW IN ZAMBIA: Juveniles’ Rights When They are

Accused of a Crime.

This paper aims to address the protection of juveniles when they are accused of
committing a crime from arrest to appeal. A Juvenile is any person who is under the
age of Nineteen1
The arrest of persons without an arrest warrant for committing or suspected to be
committing an offence is provided for in Section 26 of the Criminal Procedure
Code2 this includes juveniles in conflict with the law as provided in this section.
Further it is the duty of the Commissioner of Police to prevent juveniles’ association
with adults (not being relatives) during detention as prescribed in Section 58 of the
Juveniles Act3. In Section 594 it is expressly stated that While in detention
Juveniles shall be released on bail on a recognizance, with or without sureties for
such amounts as will in the opinion of the officer secure the attendance of the
offender. Unless the charge is one of homicide or grave nature, or where the officer
establishes that the release of such a person would defeat the ends of justice.

Determining the Age of a Juvenile

Whenever a person who appears to be a juvenile is brought before a court for any
purpose other than to give evidence, the court has an affirmative duty to make due
inquiry as to the age of that person. In the case of Musonda and Another v The
People5 The supreme court overturned the juvenile defendant’s sentence of fifteen
years’ imprisonment with hard labour because it found that there had been evidence
that the defendants were juveniles at the time of the alleged offences, but their case
had not been brought before a juvenile court.
Similarly, in the case of Chipendeka v The People6, the High court criticized the
lower court’s failure to make inquiry as the age of the juvenile appellant, who had
subsequently been found guilty of defilement and sentenced to two years’
imprisonment.

1
Juveniles Act Cap 53 of the Laws of Zambia
2
Criminal Procedure code Cap 88 of the Laws of Zambia
3
Juveniles Act Cap 53 of the Laws of Zambia
4
ibid
5
Musonda & Another v The People (1976) Z.L.R
6
Chipendeka v The People (1969) Z.R. 82
Statements offered while in custody should be given in the presence of a parent or
guardian, The Supreme Court has urged that this is in the interests of both the police
and the juvenile, this principle give court express discretion to exclude from evidence
a juvenile’s statements given in the absence of a parent or guardian. This was
illustrated and held in the case of The People v Nephat Dimeni7.
Juvenile court
A juvenile court is a subordinate court sitting for the purposes of hearing any charge
against a juvenile or exercising any other jurisdiction conferred on juvenile courts by
statute. Section 63(a) of the Juveniles Act states that a subordinate court becomes
a juvenile court when “hearing any charge against a juvenile.” Alternatively, Section
63(b) states that subordinate courts become juvenile courts when exercising any
jurisdiction granted by any section of the Juveniles Act or by another act. 8 If a
subordinate court does not identify itself as a juvenile court, then the case must be
retried.
Exceptions apply where the prosecution jointly charged a juvenile and a person who
is at least 19 years old; or the prosecution charged a person who it at least 19 years
old of aiding, abetting, causing, procuring, allowing, or permitting the offence that the
juvenile is accused of committing.
Plea
The magistrate must first explain the substance of the alleged offence to the juvenile
and then ask if the juvenile denies or admits committing the offence. Even if the
juvenile admits to committing the offence, the juvenile court must still hear the
prosecution’s supporting evidence. Thus, magistrates should satisfy themselves of a
juvenile’s guilt independent of the juvenile’s admission of guilt. Not unlike adult
offenders, juvenile offenders are presumed innocent by the court as stated in Article
18 of the Constitution9
During Trial Section 119(2) of the juveniles Act 10 states that only Members of the
Court, parties to the case, Bona fide members of the press and other persons that
the juvenile court specifically authorises to attend. Furthermore, as provided in
section 121(1) a juvenile court has the power to clear the courtroom when a juvenile
is called as a witness.
7
The People v Nephat Dimeni (HP/18/80) [1980] ZMHC 12 (2 May 1980), (1980) Z.R. 234 (H.C.)
8
Juveniles Act cap 53
9
Constitution (Amendment) Act No. 2 of 2016
10
ibid
Unrepresented Juveniles
The Legal Aid Act stipulates that an individual, charged with an offence in front of the
subordinate court, may apply to the court for legal aid. Given the importance of
protecting the rights of an accused juvenile, magistrates should read these
provisions broadly and attempt to provide a juvenile with legal assistance.
If a juvenile is not represented the Magistrate must provide particular procedural
protections. If the juvenile pleads guilty and does not have legal representation, the
presiding Magistrate must hear evidence from the prosecution’s witness before
issuing a verdict. If the juvenile does not cross-examine the witness when asked to,
the Magistrate must ask the witness any questions he or she “thinks necessary on
behalf of the juvenile”.
Verdict or Judgement
The juveniles Act prohibits the use of the word’s “conviction” and “Sentence” in
juvenile court proceedings. Rather the court must use as reference “a person found
guilty of an offence” or “finding guilty”. This provision seeks to disassociate juvenile
offenders from the stigma of a conviction or sentence. The standard for finding guilty
is beyond reasonable doubt and proving this rests on the prosecution, courts should
be reluctant to impose criminal liability where a doubt as to the omission has been
raised.
Finding of Guilty
It should be noted that a person who commits an offence as a juvenile but is not a
juvenile at trial should be tried as an adult but must be given a punishment as a
juvenile, the following are orders given by a juvenile court after finding a juvenile
guilty:
- Monetary penalties
- Probation
- School Order
- Reformatories
- Order to parent or Guardian to give Security.
One commonality with the orders given when found guilty is that there is a restriction
on detention and imprisonment of children and juveniles, capital punishment is
prohibited. A strong emphasis is placed on reforming juveniles therefore even where
an offence committed prescribes a term of imprisonment, a juvenile court may give
an alternate punishment that maybe available and sufficient.
Appeals
11
Section 130 of the Juveniles Act provides four types of orders made by juvenile
courts that may be appealed to the High Court:

(a) A juvenile may appeal a juvenile court order placing the juvenile in the care of
a fit person, sending the juvenile to an approved school, or placing the juvenile under
the supervision of a probation officer.
(b) A person who is ordered by a juvenile court to take care of a juvenile may
appeal that order.
(c) A person who is ordered by a juvenile court to pay a fine may appeal that
order.
(d) A person who is ordered by a juvenile court to make a contribution may
appeal that order.

In addition, a juvenile found guilty of an offence may appeal to the High Court a
juvenile court’s determination of law, fact, mixed question of law and fact, or a
juvenile court’s order for punishment.

11
ibid
BIBLIOGRAPHY
STATUTES

Juveniles Act Cap 53 of the Laws of Zambia

Criminal Procedure code Cap 88 of the Laws of Zambia
Constitution (Amendment) Act No. 2 of 2016
CASES

Chipendeka v The People (1969) Z.R. 82

Musonda & Another v The People (1976) Z.L.R
The People v Nephat Dimeni (HP/18/80) [1980] ZMHC 12 (2 May 1980), (1980) Z.R.
234 (H.C.)

© VINCENT DAKA

UNIVERSITY OF LUSAKA (LL.B) 2023

WRITTEN 2021