Zambia study assesses juvenile justice system

CAVENDISH UNIVERSITY ZAMBIA
SCHOOL OF LAW
ASSESSING JUVENILE JUSTICE SYSTEM AND RIGHTS OF JUVENILE

OFFENDERS IN ZAMBIA: PROCESS OF ARREST AND TRIAL
STUDENT NAME: Faith Cecilia Mulenga
PROGRAM: Bachelors of Law Degree
STUDENT NUMBER: 003 569
CONTACTS: +260 979 856183
A dissertation been submitted to the School of Law of the Cavendish University Zambia in partial
fulfillment of the requirements for the award of the Bachelors of Laws Degree (LLB).
~September 2021~
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Declaration
I, Faith Cecilia Mulenga of NRC number 949362/11/1 and student number 003-569 do hereby
affirm and declare that this research entitled ASSESSING JUVENILE JUSTICE SYSTEM
AND RIGHTS OF JUVENILE OFFENDERS IN ZAMBIA: PROCESS OF ARREST,
TRIAL.
I further declare that it is a product of my ingenuity and that any works of others included in this
document has been duly acknowledged and cited
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Acknowledgement
I am most grateful to God almighty for making it possible for me to complete my studies this far
under what seemed like impossible circumstances.
I am grateful too to my family for their encouragement and particularly my mother, Mrs. Mary
Marianna Z. Mulenga who has been my source of support emotionally, spiritually and mentally
throughout this process.
Lastly I thank the staff members of Cavendish University-Zambia particularly Mr. Tresphord
Matente for his academic excellence and motivation in the completion of this document.
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Dedication
To my beloved father, the late Mr. Peter (Pierre) Kabwela-Mulenga who did not live long
enough to see me complete my studies. You motivated me in life to be the best person I could be
in everything I did including in sport and academics. I believe you are still here with me and I
can almost hear your voice still cheering me on. I love you and I miss you so much.
Continue resting in peace Papa.
26. June. 1955 to 03. January. 2018
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ABSTRACT
This research paper examines rights of juvenile offenders juvenile justice in Zambia. Zambia is
party to many International Instruments that govern rights of juvenile offenders and has
developed the Juveniles Act as its Domestic law for the same purpose. It however, adopted on
parts of the international instruments leaving holes through which infringements of rights of
juvenile offenders sip through. Many of the Institutions assigned with the duty of delivering
juvenile justice like the police, courts, social welfare services and correctional institutions, easily
infringe on the rights of juveniles due to the porous nature of the system. For this reason, the
research was taken to identify exactly what the loopholes are and how they can be cured.
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Contents
Declaration .................................................................................................................................................... 2
Acknowledgement ........................................................................................................................................ 3
Dedication..................................................................................................................................................... 4
Chapter one: Introduction ............................................................................................................................ 9
1.0 Brief background ................................................................................................................................. 9
1.1 Statement of the Problem ................................................................................................................ 10
1.2 Research Objectives .......................................................................................................................... 10
1.2.1 Specific Objectives .................................................................................................................. 11
1.3 Research Questions .......................................................................................................................... 11
1.3.1 Specific Research Questions .......................................................................................................... 11
1.4 Research Methodology ..................................................................................................................... 11
1.5 Significance of the Study ................................................................................................................... 12
1.6 Rationale of the Study....................................................................................................................... 12
1.7 Conclusion ......................................................................................................................................... 13
Chapter 2: Literature Review ..................................................................................................................... 14
2.0 Introduction ...................................................................................................................................... 14
2.1 Concept of the Juvenile Justice System ............................................................................................ 14
2.2 The Concept of Human Rights .......................................................................................................... 15
2.3 International and Regional Law on Rights of Juvenile Offenders ..................................................... 16
2.3.1 United Nations Convention on the Rights of the Child (CRC) ........................................................ 16
2.3.2 The International Covenant on Civil and Political Rights (ICCPR) .................................................. 19
2.3.4 The African Charter on the Rights and Welfare of the Child ( ACRWC ) ........................................ 21
2.4 The Zambian Legal System ................................................................................................................ 23
2.4.1 The Constitution (CAP 1) of Zambia ............................................................................................... 23
2.4.2 The Penal Code (CAP 87) and the Criminal Procedure Code (CAP 88)......................................... 24
2.4.3The Juvenile Act (CAP 53) Of Zambia .............................................................................................. 24
2.5 Conclusion ................................................................................................................................... 26
Chapter 3: Research Methodology ............................................................................................................. 27
3.0 Introduction ...................................................................................................................................... 27
3.1 Research design: Case Study ............................................................................................................. 28
3.2 Sampling Techniques ........................................................................................................................ 28
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3.3 Data Sources ..................................................................................................................................... 28
3.4.Data Collection Techniques and Instrumentation ............................................................................ 28
3.5 Data analysis and interpretation....................................................................................................... 29
3.6 Issues of reliability and validity ......................................................................................................... 29
3.7 Ethical Considerations....................................................................................................................... 29
3.8 Limitations of the Study .................................................................................................................... 30
3.9 Conclusion ......................................................................................................................................... 30
Chapter 4: Implementation of Data ............................................................................................................ 30
4.0 Introduction ...................................................................................................................................... 30
4.1 Results and Findings.......................................................................................................................... 31
4.2 Data Interpretation ........................................................................................................................... 33
4.2.1 Pertinent To Delivery of Juvenile Justice and Protection of Rights of Juvenile Offender .............. 34
4.2.1.1 The Zambia Police ....................................................................................................................... 34
4.2.1.2 The Zambia Prison Service .......................................................................................................... 36
4.2.1.3 The Juvenile Courts ..................................................................................................................... 36
4.2.1.4 Social Welfare ............................................................................................................................. 40
4.2.1.5 Approved School and Reformatory Orders................................................................................. 40
4.3 Conclusion ......................................................................................................................................... 41
Chapter 5: Conclusions ............................................................................................................................... 42
5.0 Introduction ...................................................................................................................................... 42
5.1 Findings and Conclusions of Chapter 1 ............................................................................................. 42
5.5 Conclusion ......................................................................................................................................... 44
5.6 Recommendations ...................................................................................................................... 44
Bibliography ............................................................................................................................................... 48
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Abbreviations
ACPF: African Child Policy Forum
ACRWC: African Charter on the Rights and Welfare of the Child
CRC: United Nation Convention on the Rights of the Child
DEC: Drug Enforcement Commission
ICCPR: International Covenant on Civil and Political Right
ICESCR: International Covenant on Economic, Social and Cultural Rights
UDHR: Universal Declaration of Human Rights
UNICEF United Nations Children’s Fund
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Chapter one: Introduction
1.0 Brief background

Access to justice is among the fundamental rights of all human beings, children included 1.
Access to justice refers to the right to seek redress before a fair and independent court or tribunal,
as well as the ability for individuals to bring claims before a court and have a court rule on the
claims. It is an inalienable right that should be granted to everyone without discrimination as
prescribed under the Universal Declaration of Human Rights (UDHR)2. Unfortunately, it is one
of the more neglected rights in Africa.3
Historically, children have long been regarded as a vulnerable and marginalized segment of
society. As a result, their rights are frequently violated and abused. The development and
acceptance of the United Nations Convention on the Rights of the Child (CRC)4 in 1989 marked
the beginning of a new age and evolution of children as right bearers, abolishing the traditional
norm of children being objects of the law and making them subjects of the law. This meant that
children would become aware of their rights and assert them. One of the fundamental rights
enshrined in the CRC is access to justice5 for juveniles. Despite universal acknowledgement of
children as right bearers, states have sought to protect children's rights by enacting both regional
instruments and local legislation6. Child justice advocates the idea that even when children
commit crimes, they are still children with rights and must be treated as such. L>
The CRC's guiding principles also apply to children in dispute with the law and are being
prosecuted in criminal courts. One of the primary guiding ideas is that all policies, processes, and
activities should be guided by the child's best interests. Thus, it has been argued that an ideal
juvenile justice system is one founded on the CRC's child rights; one that prioritizes the child's
best interests by establishing a fair and humane juvenile justice system; and one that ensures that
national legislation complies with international juvenile justice standards and guidelines. The
1
ACPF (2018). Spotlighting the Invisible: Justice for children in Africa; pg x
2
Art. 10 of the UDHR
3
ACPF (2018). Spotlighting the Invisible: Justice for children in Africa; pg x
4
United Nations General Assembly, (1989)United Nations Convention on the Rights of the Child.. New York
5
Article 40 of the CRC
6
J. Kariuki, (2010)Towards a Child Rights Approach: A Comparative Analysis of the Juvenile Justice Reform
Process in Kenya and South Africa.
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legislation includes the Juveniles Act7, the Constitution8, the Penal Code9 and the Criminal
Procedure Code10. Nevertheless, in practice, the procedures and the infrastructural facilities for
administering the law are fundamentally the same for both adults and children despite the
recognition that children deserve special care and treatment.
1.1 Statement of the Problem

Zambia, in addition to being a state party to the CRC, has adopted its own legislation dealing
with juvenile offenders in the criminal justice system. The Juveniles Act was passed in Zambia
with guidance from the Convention on the Rights of the Child (CRC) and other important
international instruments to safeguard the rights of juveniles who come in conflict with the law.
However, there is still a high level of violation of children's rights when they are in confrontation
with the law by law enforcement personnel, particularly those in the police, prisons, and courts
from point of arrest, pre-trial, all the way to court procedures. When compared to the
requirements of the CRC, and the Beijing Rules, one may be led to believe that Zambia has
adequate statutory provisions for safeguarding and protection of children's rights in the criminal
justice system under the Zambian Juveniles Act11. However, there appears to be significant
discrepancies between domestic law and other international instruments as well as law in theory
and the law in the field. It is obvious that Zambia suffers practical difficulties in executing its
local laws as well as the provisions of the CRC.
Without addressing these and other issues, the position of children in conflict with the law will
remain poor, and violations of their rights will continue unabated. Therefore, the study seeks to
establish the possible reasons for the Zambian failures to fully comply with the provisions of the
Juveniles Act and the inability to domesticate some of the provisions of the CRC and other
relevant international and regional instruments.
1.2 Research Objectives

The overall objective of this study is to assess the rights of juvenile offenders in Zambia from
point of arrest, through the trial process.
7
Chapter 53 The Juveniles Act
8
Constitution of Zambia (Amendment) [No. 2 of 2016]
9
Chapter 87 of the Laws of Zambia
10
11
Part III of Chapter 53 The Juveniles Act
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1.2.1 Specific Objectives
i. To examine the provisions of the Juveniles Act in comparison with other international
instruments in protecting rights of Juvenile offenders
ii. To identify the institutional obstacles that may have impeded the fulfillment of juvenile
offenders’ rights when in conflict with the law;
iii. To determine legislative amendments that can be put in place for the creation of a proper
and improved juvenile justice system
1.3 Research Questions

The primary question focuses on how the rights of the juvenile justice from point of arrest,
through trial
1.3.1 Specific Research Questions

 Why is the Zambian legal justice sytem failing to properly protect the rights of juveniles
offenders?
 What institutional and legal obstacles have impeded the protection and fulfillment of
children's rights when in conflict with the law?
 How can legislative amendments be put in place for the creation of appropriate
infrastructure facilities, as well as their rehabilitation and maintenance?
1.4 Research Methodology

This research adopted the qualitative methodology and complimented it with text-based
approach to examine the effects of incessant judicial intervention in arbitral process in Zambia.
The text-based approach created secondary sources of data collected from government
publications, electronic websites, law text books, law journal and articles, Judicial records of
case laws, statutes, and electronic materials which were easily accessible. However, the
researcher observed that some text-based sources are not as pure as they had undergone through
many commentary treatments.
While a qualitative approach was based on interviews which were original information and
unique as opposed to the text-based approach, it was directly collected from a source such as
observations of the researcher, questionnaires, case studies and interviews. Therefore, the
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researcher considered this approach adopted as suitable to systematically solve the statement of
the problem raised under Juveniles Act12, focusing on the juvenile justice system and rights of
juvenile offenders in Zambia. Through the method adopted, various kinds of literature already in
the public domain were used to analyze the research questions and objectives raised along with
the logic behind them.13
1.5 Significance of the Study

The following are some of the reasons why the study is significant:
i. To help identify legislative amends that will make essential adjustments to the existing
legislation regarding the juvenile justice system and the rights of juvenile offenders.
ii. To aid policy-makers and criminal justice agencies in the development of child-friendly
policies, procedures, practices, rules, and regulations to uphold the rights of juvenile
offenders.
iii. Contribute to the body of knowledge regarding the treatment of children who are in
conflict with the law.
1.6 Rationale of the Study

In all juvenile justice system, justice is very important as it gives a fair judgment and an
opportunity for the guilty juveniles to reform. It provides a means for juveniles to be rectified
and rehabilitated while they are still able to be corrected. Most of the juveniles in conflict with
the law in Zambia cannot afford a legal representation and resources through the legal aid are
minimal. For this reason, juveniles are often involuntarily forced to defend themselves in court,
without the basic understanding of their rights and legal procedure. This easily culminates in
overly severe charges, unfair trials, self incrimination and weak convictions.
In many circumstances, young persons in the juvenile justice system are considered solely as
lawbreakers and a threat to the public. The complete picture of children in need of compassion
and aid, who are frequently victims of violence and societal injustice, is rarely seen. However, in
12
13
C. R. Kothari (2004) Research Methodology: Methods and Techniques (2nd ed.) New Age, p. 8; See also Kenneth
K.Mwenda ( 1997), The East African Law Journal Mwenda ( ) The East African Law Journal
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view of the current or ongoing deficiencies in Zambia's juvenile justice system, this study is
critical in order to solve the deficiencies in Zambia's juvenile justice system.
1.7 Conclusion
In conclusion, one could say that the researcher should be able to assess the of the rights of
Juvenile offenders under the Zambian Juvenile Justice System and also to be able to explore the
remedies provided by the law, the loopholes in the said law and finally scrutinizing the Zambia’s
juvenile justice system. On a balance of probability, the researcher should be able to test and
assess the questions and objectives raised through a standard analysis process. In other words,
the study tends to examine the domestic laws as to whether or not they are outdated to
accommodate the current situation.
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Chapter 2: Literature Review
2.0 Introduction
This chapter presents written works and studies in line with the implementation of the juvenile
justice system and the rights of the juvenile offenders in Zambia. To be looked at in particular
are international instruments to which Zambia is party and the domestic law reference to statutes,
case law and different writings and studies on the same. The essence is to examine the literature
within the context of the research objectives stated and the statement of the problem established
in chapter one. Below is the interpretation of the Juvenile Justice system.
2.1 Concept of the Juvenile Justice System

To objectively assess the rights juvenile offenders in Zambia, from point of arrest, through trial,
one must first comprehend the concept of a juvenile, as well as the etiology of child involvement
in crime. A juvenile is a person who has not reached the age of majority. In Zambia, the age of
majority has not been properly defined and differs from Act to Act. The age for juvenile criminal
competence is set between the ages of 8 and 19 years14. The Juveniles Act15 defines a juvenile as
someone under the age of nineteen, which includes a child and a young person. The separation of
children from adults, which is the foundational tenet of the juvenile justice system, has failed in
the vast majority of cases.
The juvenile justice system is the result of a significant historical and philosophical trend in the
twentieth century16. With increasing and rising human rights issues, the administration of the
criminal justice system creates ever-larger challenges all around the world, including Zambia.17
Juvenile justice has variously been defined as encompassing all aspects of the complex system of
dealing with children and/or young people who commit offences18 through the process process of
the handling of the child offender from the time of arrest, adjudication and rehabilitation.19
14
http://prisccazambia.org/increase-age-of-criminal-responsibility-to-14/
15
Chapter 53 The Juveniles Act
16
D.C. Mumba (2011)The Juvenile Criminal Justice System in Zambia: Vis-à-vis the Internet Protection of
Children’s Rights, University of Zambia, pg 5
17
ibid
18
C. Bell, et al.(2001)Young Offenders: Law, Policy and Practice (2nd ed)Sweet &Maxwell, pg 3.
19
J. Kariuki (2010) Towards a Child Rights Approach: A Comparative Analysis of the Juvenile Justice Reform
Process in Kenya and South Africa, pg. 5
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Criminology defines juvenile justice as justice to the delinquent or near delinquent child in
various stages of the formal process such as arrest and apprehension, adjudication, sentencing,
custodial care, detention and aftercare. A child offender is therefore a child alleged as, accused of
or recognized as having infringed the penal law.20 All procedures involving juveniles offenders
must observe the principle of proportionality taking into account not only the crime and risk for
the society but also personality of the juvenile, home environment, age, education and
affinities.21
Technical literature classifies the etiological factors of juvenile delinquency into two parts
namely:
i. exogenous or external factors relating to socio-cultural conditions of life: school, family,
housing, peer group, media, leisure time, etcetera.
ii. endogenous or internal factors (emotions, character, temperament, intelligence, etcetera).
As a result of a combination of two or more factors, a juvenile may commit a crime or show
antisocial behaviour.22
2.2 The Concept of Human Rights

Human rights serve as a moral campus for human behaviour and are inherent and inalienable in
every person. They are fundamental rights and entitlements that one has regardless of age, race,
sex, creed, ethnicity, location, social status, etcetera just by virtue of that person’s existence.
They are universal meaning regardles of where one is, he gets to enjoy them.
The preamble of the Universal Declaration of Human Rights ( herein after referred to as the
UDHR) states,23
“ Where as recognition of the inherent dignity and the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world... The General Assembly, proclaims this... Declaration …as a common standard of
achievement ….that every individual and every organ of society…shall strive by teaching
and education to promote respect for these rights and freedoms and by progressive
20
UNICEF (2004) Justice for Children: Prevention as a Last Resort. Innovative Initiatives in the East Asia and
Pacific Region pg 6
21
UNICEF ( 2007) Rights of Children in Conflict with the Law, Ministry of Justice of Montenegro pg 5
22
ibid
23
Preamble, the Declaration of Human Rights. 1948
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measures, national and international, to secure their universal and effective recognition
and observance.”
This was further reaffirmed in stating;

“All human rights are universal, indivisible and interdependent and related. The
international community must treat human rights globally in a fair and equal manner, on
the same footing, and with the same emphasis.”24
The UDHR is not specific on the rights of juvenile offenders albeit it includes rights pertaining to
anyone who comes in conflict with the law. It provides at all are equal before the law25 and no
one shall be subjected to arbitrary arrest, detention or exile.26 Where one is in conflict with the
law, he or she is entitled in full equality to a fair trial27 on the presumption of innocence until
proved guilty by a competent court28
The UDHR also provides that no one shall be held guilty of any penal offence on account of any
act or omission which did not constitute a penal offence, under national or international law, at
the time when it was committed. Nor shall he be punished in excess.29
2.3 International and Regional Law on Rights of Juvenile Offenders

There are a number of international instruments to recognize rights of the child that Zambia has
signed and ratified these include the following.
2.3.1 United Nations Convention on the Rights of the Child (CRC)

The United Nations Convention on the Rights of the Child (herein after referred to as the CRC)
is evidently the most fundamental Convention on the protection of the rights of the child. It is
considered to be a framework treaty whose purpose is to stimulate the development of laws and
policies for the benefit of children as defined in the Convention30 The rights of the child are
24
Vienna Declaration and Program of Action, World Conference on Human Rights, 1995
25
Art. 7 of the UDHR
26
Art. 9 of the UDHR
27
Art. 10 of the UDHR
28
Art. 11 (1) of the UDHR
29
Art. 11 (2) of the UDHR
30
J. Sorensen and J. Jepsen (2005) Juvenile Justice in Transition: Bringing the Rights of the Child to Work in
Africa and Nepal, Danish Institute of Human Rights, pg 80
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defined in the 1989 CRC as the first international agreement dealing with comprehensive
protection of children’s rights.31
The CRC is the universally approved convention in history that expressly establishes
international commitments for the protection of children. It is the most comprehensive
enunciation of international principles relating to the protection of children's rights. It respects
children's human rights, including economic, social, and cultural rights, as well as civil and
political rights. Although human rights are mainly stated at the international level, it has been
argued that their successful promotion and protection is essentially the responsibility of each
particular state party to it. Zambia signed the CRC on
the 30 September 1990 and ratified it on 6 December321991.
The CRC provides that in matters concerning children, the courts shall have the best interests of
the child as their primary consideration33 and state parties to ensure that institutions, services and
facilities tasked with the care of a such a child to conform with standards competent by
authorities particularly in areas of safety, health…as well as competent supervisors 34 A child is
to be provided with the opportunity to be heard in any judicial and administrative proceedings
either directly, or through a representative or an appropriate body, in a manner consistent with
the procedural rules of national law35
The CRC prohibits unlawful interference with a child’s privacy, family, home or
correspondence36 torture or other cruel, inhuman or degrading treatment or punishment37 and
where in conflict with the law, the arrest, detention or imprisonment, a child shall conform to the
law and shall be used only as a measure of last resort and for a shortest period.38 Such a child
shall have the right to prompt access to legal and other assistance, as well as the right to
31
UNICEF ( 2007) Rights of Children in Conflict with the Law, Ministry of Justice of Montenegro pg 4
32
Initial State Party’s report of Zambia to the UN Committee on the Rights of the Child,
CRC/C/11/Add.25, paragraph 22,
33
Art. 3 (1) of the CRC
34
35
36
Art. 16 of the CRC
37
Art. 37 (a) of the CRC
38
Art. 37 (b) of the CRC
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challenge the legality of the deprivation of his or her liberty before a court or independent and
authority.39
A child deprived of liberty is to be treated with humanity, respect and dignity as it is inherent of
any person, and in a manner that puts into account the needs of that child’s age. It is also
important and cardinal to separate such a child from adults unless it is considered in the child's
best interest not to do so.40
Every child alleged as, accused of, or recognized as having infringed the penal law should be
treated in a manner that promotes the child's sense of dignity and worth, which reinforces the
child's respect for the human rights and fundamental freedoms of others and which takes into
account the child's age and the desirability of promoting his reintegration in society41 and no
child shall be alleged as accused of, or recognized as having infringed the penal law because of
acts or omissions that were not prohibited by law at the time the act was committed.42
An accused child shall be presumed innocent until proven guilty according to law; be informed
promptly of the charges against him or her, and, if appropriate, through his or her parents or
legal guardians, and to have legal or other appropriate assistance in the preparation and
presentation of his defence. The CRC provides for procedure to have the matter determined
without delay by a competent, independent and impartial authority or judicial body in a fair
hearing in the presence of legal or other appropriate assistance and, unless it is considered not to
be in the best interest of the child, in particular, taking into account his or her age or situation, his
or her parents or legal guardians.
A child is not to compelled to give testimony or to confess guilt and it is required that he/she is
given assistance of an interpreter where he cannot understand or speak the language used and to
have his or her privacy fully respected at all stages of the proceedings.43
States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having
39
Art. 37 (d) of the CRC
40
Art. 37 (c) of the CRC
41
42
Art. 40 (2) (a) of the CRC
43
Art. 40 (2) (b) of the CRC
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infringed the penal law, and, in particular44 and establish a minimum age below which children
shall be presumed not to have the capacity to infringe the penal law.45 Measures for dealing with
such children without resorting to judicial proceedings, providing that human rights and legal
safeguards are fully respected46
In 2007 the Committee focused its attention specifically on juvenile justice and concluded that
many State parties still have a long way to go in achieving full compliance with the CRC, e.g. in
the areas of procedural rights, the development and implementation of measures for dealing with
children in conflict with the law without resorting to judicial proceedings, and the use of
deprivation of liberty only as a measure of last resort. 47Although the CRC is binding under
international law and carries a clear obligation for nation-states to ensure its full implementation
it holds no sanctioning powers and for countries like Zambia, it requires adoption and
domestication for it to hold full authority.
It should be noted that though the Convention on the Rights of the Child (CRC) refers to a
child’s “representative” but does not define the concept beyond implying that a representative
need not be formally trained in the law and that any system of assistance should take a child’s
evolving capacity into account.
2.3.2 The International Covenant on Civil and Political Rights (ICCPR)

J. Muncie surmises that concept of free human enjoying civil and political freedom as well as
freedom from fear can only be achieved if conditions are created for everyone to enjoy his civil
and political rights and his social, economic and cultural rights.48 It does not have detailed
provisions relating to the administration of a juvenile justice system but asides from other
political and civil rights, it provides for the following pertaining to juveniles.
The ICCPR prohibits the death sentence for crimes committed by persons below eighteen years
of and pregnant women49 as well as torture or cruel, inhuman or degrading treatment or
44
45
Art. 40 (3) (a) of the CRC
46
Art. 40 (3) (b) of the CRC
47
J. Muncie, (2009).The United Nations, Children’s Rights and Juvenile Justice; Willian Publisher pg2
48
International Covenant on Civil and Political Rights 1966
49
Art. 6 (5) of the ICCPR
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punishment and subjection to medical or scientific experimentation without ones consent.50 it
further provides that anyone arrested shall be informed of the reasons for his arrest and of any
charges against him51 and be brought before a judge or other officer authorized by law to
exercise judicial power and within a reasonable time or to release. 52 Any person accused of a
criminal offence is presumed innocent until proved guilty according to law53 The ICCPR
particularly provides for juvenile persons to be separated from adults and brought as speedily as
possible for adjudication54 the procedure to take into account their age and the desirability of
promoting their rehabilitation55
2.3.3 UN Standard Minimum Rules for the Administration of Juvenile Justice ("The
Beijing Rules")
The first international instrument to pay dedicated attention to justice for children was the United
Nations (UN) Standard Minimum Rules for the Administration of Juvenile Justice (1985),
referred to generally and hereafter as the Beijing Rules.56 The Rules thus set the pace for the
recognition of the need for special measures for children in the justice system. They provide a
framework of elements deemed essential for a good system to deal with child offenders, and
contain the following tenets:
i. The fair and humane treatment of children who come into conflict with the law57.
ii. The juvenile justice system must react proportionately to the circumstances of both
the child who comes into conflict with the law and the offence. The principle of
proportionality58
iii. Discretion in all the juvenile proceedings59
iv. Presumption of innocence until proven otherwise and right to counsel and to remain
silent60
50
Ar. 7 of the ICCPR
51
Art. 9 ( 2) of the ICCPR
52
Art. 9 (3) of the ICCPR
53
Art. 14 (2)
54
Art. 10 ( 2) (b) of the ICCPR
55
Art. 14 (4)
56
The African Child Policy Policy(ACPF) (2018) Spotlight the Invisible: Justice for Children in Africa pg 6
57
Beijing Rules
58
Beijing Rules 5 (1)
59
Beijing Rules 6 (1)
60
Beijing Rules 7 ( 1)
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v. Juvenile’s right to privacy shall be maintained and no information leading to the
identification of the Juvenile shall be published.61
vi. Contacting family/guardians upon arrest or within the shortest period62
vii. Consideration to dispose off the case as soon as possible without resorting to formal
trial63
viii. Trial to be used as a measure of last resort 64
ix. Juveniles on detention pending trial to be separate from adults 65
x. The use of detention only as a measure of the last resort, and for the shortest period.
xi. Deprivation of the child’s liberty should be carefully considered, and only for serious
offences.66 And Capital punishment shall not be imposed for any crime committed by
juveniles.67Corporal punishment.68
2.3.4 The African Charter on the Rights and Welfare of the Child ( ACRWC )
The African Children’s Charter came into force on 27th November 1999 after its ratification by
15 member states. Zambia is one of the countries that have ratified it in adopting the Charter, the
African Heads of State and Government committed themselves individually and collectively to
take all necessary steps and measures, legislative and otherwise to ensure the protection, survival
and development of the child in conformity with the provisions of the Charter and discourage
any inconsistency concerning the rights, duties and obligations contained therein. The ACRWC
recognizes the uniqueness and vulnerability of the position of a child in an African Society. In a
broader sense, the ACRWC supplements the CRC as it spells out some clauses that have not
been covered in the CRC but also cover some specific aspects which are peculiar to Africa. For
example, it provides for the elimination of customs, social and cultural practices that endanger
the health or life of a child.69
The ACRWC gives explicit provisions for the administration of juvenile justice and states;
61
Beijing Rule 8
62
Beijing Rules 10 (1)
63
Beijing Rules 11
64
Beijing Rule 13
65
Beijing Rule 13 (4)
66
Beijing Rule 17
67
Beijing Rule 17 (2)
68
Beijing Rule 17 (3)
69
D. C. Mumba (2011) The Juvenile Criminal Justice System in Zambia: Vis-à-vis the Internet Protection of
Children’s Rights, UNZA PRESS pg 36
Page | 21
“Every child accused or found guilty of having infringed penal law shall have the
right to special treatment in a manner consistent with the child’s sense of dignity
and worth and which reinforces the child’s respect for human rights and
fundamental freedoms of others.”70
i. Concerning, the legal protection of children, the ACRWC stipulates safeguards

including that every child shall be entitled to the enjoyment of the rights and
freedoms without any form of discrimination.71 The best interests of the child shall be
a primary consideration in all actions concerning the child 72 and in all judicial
proceedings the child shall be provided with the opportunity to communicate their
views either directly or through an impartial representative and those whose views
shall be taken into consideration by relevant authorities.73 The ACRWC prohibits the
death penalty for juveniles any offence74 or any forms of torture, inhuman or
degrading treatment and especially physical or mental injury or abuse.75
In addition, it also provides the following:

i. Children in detention must be separated from adults.76
ii. Every child accused of infringing the penal law shall be presumed innocent until
proven guilty, promptly informed of the charges against him in a language he/she
understands, be accorded legal assistance in the preparation and presentation of his
defence, and have the matter determined as speedily as possible and prohibit.77
iii. Shall have the case heard on the camera and not have press and public present.78
The ACRWC also provides that there should be minimum age for criminal capability.79
70
Art. 17(1) of the ACRWC
71
Art. 3 of the ACRWC
72
Art. 4 (1) of the ACRWC
73
74
75
Art. 16 of the ACRWC
76
Art 17 (2) ( a) of the ACRWC
77
Art 17 (2) (c) of the ACRWC
78
Art 17 (2) ( d) of the ACRWC
79
Art 17 (4) of the ACRWC
Page | 22
2.4 The Zambian Legal System
Zambia uses the transformation theory of integrating international law into municipal law. Even
though Zambia is a party to different treaties, it has had to enacted several statutes which provide
for the overall legal framework and procedure for the administration of the criminal justice
system in the country. The criminal justice system inevitably extends its tentacles to children
who come into conflict with the law. Below are some of the most obvious Acts passed in line
with the aforementioned.
2.4.1 The Constitution (CAP 1) of Zambia

The Constitution is the Supreme Law of Zambia and any other law inconsistent with it is void to
the extent of that inconsistency.80It binds all persons, State organs and State institutions.81It
states;
“…every person in Zambia has been and shall continue to be entitled to the
fundamental rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, colour, creed, sex or marital
status…”82
The Bill of rights under part (iii) of the Constitution is derived from the UDHR and has been
domesticated by adoption and transformed into municipal law. Even though the Constitution is
not specific to juvenile offenders, it has laid down rights for all offenders, juvenile inclusive and
instead of looking at all the rights in the Bill of rights, this document will be specific to offenders
which automatically involves juvenile
The Bill of Rights guarantees to every person, including children, the right to life,83 the right to
personal liberty,84 protection from torture or inhuman treatment and/or degrading punishment85
and protection from discrimination. For criminal proceedings, the Constitution has secured the
protection of every individual who is charged with a criminal offence juveniles inclusive.
It states:
80
Art. 1 of the Constitution of Zambia (Amendment ) Act 2016 hereinafter referred to as The Constitution
81
Art. 1 (3) of the Constitution
82
Art. 11 of the Constitution
83
Art. 11 (a) and 12 (1) of the Constitution
84
85
Page | 23
i. Any person charged with a criminal offence shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by law.86
ii. Every person who is charged with a criminal offence:-
(a) Shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) Shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence;
(c) Shall be given adequate time and facilities for the preparation of his defence;
(d)Shall unless be permitted to defend himself before the court in person or at his own
expense, by a legal representative of his own choice;
(e)Shall be afforded facilities to examine in person or by his legal representative the
witnesses called by the prosecution before the court, and to obtain the attendance and
carry out the examination of witnesses to testify on his behalf before the court on the
same conditions as those applying to the witnesses called by the prosecution;
(f) Shall be permitted to have without payment the assistance of an interpreter if he
cannot understand the language used at the trial of the charge87
2.4.2 The Penal Code (CAP 87) and the Criminal Procedure Code (CAP 88)
The Penal Code governs all criminal offences in Zambia. Minimum age for criminal culpability
minimum age according to the Penal Code is placed at eight (8)88but places doubt on a child of
12years.89However, the law presumes that a child under 12 is incapable of a sexual criminal
act90.
2.4.3The Juvenile Act (CAP 53) Of Zambia

The Juveniles Act is the ultimate law governing particularly children in conflict with the law.
The Act defines a child as a person who has not attained the age of 16 years and a young person
as a person who has attained the age of 16 years but has not attained the age of 18 years91. A
‘juvenile’ simply means a person who has not attained the age of nineteen years and includes
both a child and a young person.
86
Art. 18 (1) of the Constitution
87
Art. 18 ( 2) of the Constitution
88
Sec. 14 ( 1) of the Penal Codes states that a person under the age of 8 is not criminally responsible for any crime
89
Sec 14 (2) of the Penal Code
90
Sec. 14 (3) of the Penal Coded
91
Juvenile Act
Page | 24
The procedures for conducting preliminary proceedings as well as court proceedings are outlined
under Part III of the Juveniles Act including arrest and detention of juvenile offenders and
keeping the juvenile offenders separate from adults92, released on police bond with or without
sureties93, custody of juveniles not released on bail94; custody of juveniles in places of safety and
remand prisons. The Act also lays down court proceedings for juvenile cases. A subordinate
court sitting as a juvenile court is empowered to hear and to determine any charge against a
juvenile except for offences involving homicide or attempted murder. A juvenile court is
supposed to sit in a room other than that in which any other courts ordinarily sit unless no such
other room is available or suitable. If no such room is available or suitable, the juvenile court
shall sit on different days or different times from those on or at which ordinary sittings are held.
Juvenile Courts have specific rules for procedure. These special procedures include:
i. Proceedings to be held in camera
ii. The juvenile and/or parent is permitted to cross-examine the witness where he is not
represented.95
iii. Where the court is satisfied that the offence is proved against a juvenile, there is
always the need for a social welfare inquiry. This is to enable the court to deal with
the case in the best interests of the juvenile.96
iv. The words ‘conviction’ and ‘sentence’ are not used juveniles who have been found
guilty of an offence.97
v. No child shall be sentenced to imprisonment or in a detention camp if he can be
suitably dealt with in any other manner98
vi. A court shall not order a child who is below 16 years of age to be sent to a
reformatory unless the court is satisfied that having regard to his character and
previous conduct, and to the circumstances of the offence, it is expedient for his
92
Sec. 58 of the Juveniles Act
93
94
bail or police bond is prohibited for offences such as murder, treason, misprision of treason or treason
felony, aggravated robbery and other offences carrying a possible mandatory capital penalty Sec. 43 of the Narcotic
and Psychotropic Substances Act Cap.96 prohibits the release of accused persons on bail.
95
Sec. 64 (4) of the Juveniles Act
96
97
98
Page | 25
reformation and the prevention of crime that he should undergo a period of training in
a reformatory.
vii. Publication of the juvenile court proceedings is restricted to the facts of the case only.
Therefore, no newspaper report or wireless broadcast shall reveal the name, address
or school, or include any particulars calculated to lead to the identification of any
juvenile.99
viii. Parents or guardians of the juveniles are entitled to be informed of the arrest of their
children and are required to attend the court before which the case is heard or
determined during all stages of the proceedings.100 In practice, where a parent or a
guardian is not able to attend court proceedings and the court is satisfied that it would
be unreasonable to require his or her attendance, it may dispense with such
attendance. In such a case a social welfare officer will be required to attend the trial
of a juvenile instead. It is not permissible for a juvenile court to proceed to hear a
juvenile’s case in the absence of a parent or guardian or a legal representative of the
juvenile or indeed a Social Welfare Officer.
ix. Where a juvenile is found guilty of an offence for which, but for the provisions of the
Juveniles Act, a sentence of imprisonment would have been passed, the court by
which the juvenile is found guilty may instead of passing such sentence of
imprisonment, order him to be detained in a reformatory r approved school.101
2.5 Conclusion
The Zambia jurist system has adopted and domesticated a lot of laws from the CRC, and
ACRWC and has created what should be a comprehensive system for the protection of rights of
juvenile offenders and to serve their best interest. The study has looked at the international laws
and standards to promote, protect and safeguard the rights of juvenile offenders. The obligations
that Zambia has undertaken by adopting or acceding to various international human rights
treaties are not treated as a priority and this is evidenced by the fact that none of these treaties
has been domesticated. In full. Zambia has not domesticated the human rights instruments, which
99
100
101
Page | 26
means that even where certain provisions of the treaties are self-executing, they are not directly
applicable in the courts of law. As such, there is very little domestic jurisprudence on the subject.
Chapter 3: Research Methodology
3.0 Introduction
This chapter outlines the research design and methodology that was used in collection of data.
Due to the sensitive nature of the topic, the researcher used the qualitative approach because it
allowed the exploration of experiences of individuals. It uses a naturalistic approach hence,
deemed the most appropriate for this research. In qualitative research, information is obtained in
direct interaction with the participants in their settings. It is most appropriate to address a
research problem where the researcher needs to explore and learn from participants. The
qualitative methodology permits the researcher a way of gathering data from multiple sources,
such as interviews and observations, rather than relying on a single data source.
Page | 27
3.1 Research design: Case Study
A research design is a scheme of work to be undertaken by a researcher at various stages, facilitating
the research work in a systematic manner and conducting the various operations methodologically. A
case study research design will be used since it accepts multiple methodologies approaches. This
type of research method is used within a number of areas like education, social sciences and
similar. The researcher used this research design as it is one of the simplest ways of conducting
research. It involves a deep dive and thorough understanding of the data collection methods and
inferring the data. Multiple methods can be used to gather data, including interviews,
observation, and reports and documentation.
3.2 Sampling Techniques

Sampling is vital in any research, and samples are used as a representation of the population
from which generalizations of the population are made. It is as anything less than the full survey
of a population taken to give an idea of the quality of the whole, that is, a limited subset of the
population. Purposive sampling is a sampling technique in which researcher relies on his or her
own judgment when choosing members of population to participate in the study. Also known as
judgment, selective or subjective sampling, it is one of the most cost-effective and time-effective
sampling methods available. The researcher opted for this sampling method after concluding that
it would give researcher more precise views on the subject of the study by identifying major key
players in the administering and protection of juvenile justice and their rights. The researcher
believed that they could obtain a representative sample by using a sound judgment, which will
result in saving time and money
3.3 Data Sources

The researcher used both primary and secondary data sources. Primary data is data collected and
obtained in the field while secondary data is data that already exists such as in reports, published
materials and in this case, legal case files.
3.4.Data Collection Techniques and Instrumentation

Primary data was gathered by the researcher using semi-structured questionnaires, and interview
guides, and observations.
Page | 28
a) Questionnaires
The questionnaire were used over time to gather information from primary subjects ,i.e Juveniles
themselves as it promotes secrecy by not requiring participants to provide their names.
b) Semi-structure interviews
Interviews were also used as they are often easier for most respondents, particularly when
opinions or impressions are desired, as is the case in this study. The interviews were conducted
on one-on-one basis and mostly through telephone conversations.
c) Observations and personal experience

The researcher took a long period of time to sit in court rooms and visit prisons. This gave the
researcher a front row view and in that way, was also able to identify main key players in the
juvenile justice avenue.
3.5 Data analysis and interpretation

The data was analysed using descriptive statistics and thematic analysis due to the qualitative
nature of the data collected.
3.6 Issues of reliability and validity

The researcher ensured reliability and validity in undertaking this study by targeting respondents
that are informed and knowledgeable on the juvenile justice system in Zambia, and that are
aware of the current happenings pertaining to the juvenile justice system as well as the rights of
juvenile offenders. Additionally, literature that will be used in this study will be mainly based on
the juvenile justice system in Zambia in order to provide a much detailed and thoroughly
analysis in addressing the objectives of the study.
3.7 Ethical Considerations
Scientific research is defined by the ideas that guide scientific morality in terms of scientifically
or right behavior. The most basic ethical criterion for every scientific study is to protect
participants and others who may be harmed by the research. Participants must be shielded from
legal repercussions for previous criminal conduct, as well as from invasions of their privacy.
Page | 29
The study will take general research ethics into account. Permission to conduct the research with
the targeted respondents was obtained from and given by the appropriate institutions and
individual participants.
3.8 Limitations of the Study

The ongoing covid-19 pandemic expected to affect the data collection process, as some
respondents may be unavailable when the researcher seeks to collect data, especially respondents
from Lusaka Central Prison and Zambia Correctional Facilities.
3.9 Conclusion
Scientific research is defined by the ideas that guide scientific morality in terms of scientifically
improper or right behavior. The most basic ethical criterion for every scientific study is to protect
participants and others who may be harmed by the research. Participants ought to be shielded
from legal repercussions for previous criminal conduct, as well as from invasions of their
privacy.
The study will took general research ethics into account.
Chapter 4: Implementation of Data
4.0 Introduction
This chapter endavours to analyse data based on the literature review and findings based on
Chapter three. To be reviewed are results from questionnaires and interviews of identified key
players pertinent such this chapter interprets the main research findings presented in the
Page | 30
preceding chapters which include primary data, secondary data and personal observations of the
researcher from sitting in Juvenile proceedings, visiting juvenile prisons and/holdings, and
approved and reformatory schools.
4.1 Results and Findings

The epicenter of the study was Lusaka Province for easy access. The sample size was a definitive
66 of which 42 were juveniles, 13 parents, 4 officers of the courts (including 2 social welfare
officers), and 2 prosecutors (one being from the Drug Enforcement Commission) and 5police
officers(including one from the Child Protective Unit desk, Matero Police Station, and an
Officer from Kamfinsa Correction Facility in Ndola).
Table 1: Sample Population and response %

Sample Target Responses Response %
Juveniles 50 42 84
Parents 25 15 60
Police Officers 10 5 50
Social W. Officers 5 2 40
Prosecutors 5 2 40
Total 90 66 73.3
*Police officers include 1 prison officer
4.1.1 Juvenile Responses

The next tables represent juvenile responses
i. Age
Table 2: Age range of juveniles
Page | 31
Age (in years) Frequency Percentage In School Working Loafing
Below Age of 14 2 4.8 2 0 0
14 to 15 5 11.9 4 0 1
16 to 17 23 54.8 15 3 5
18 to 19 12 28.6 9 3 0
Total 42 100.1 26 6 10
The table above shows that the majority of juvenile offenders are between the age of 16yrs to
17years which takes up 54%. And the list was above 18 n the court room, it was observed
however that juveniles of19years were treated as adults.
2. Offence
On offences, it was noticed that some of the juveniles where charged with more than one
offence.
Table 3: Offences committed

Offence Bailable Is juvenile How many are remanded
remanded
Unlawful Wounding Yes 1 1
Page | 32
Rape No 6 6
DEC No 11 11
Theft Yes 3 3
Assault Yes 2 2
Trespass Yes 1 1o
Aggravated Robbery No 14 14
Breaking and entering Yes 7 7
Defilement No 2 1 (aged 12 was on police

bond)
Motor vehicle Theft No 1 1 (Jointly charged with

adults)
Murder No 2 2
4.2 Data Interpretation
Table 3 above is indicative of a summary of offences and frequency which the juveniles
committed them. It ought to be mentioned that some juveniles had more than one charge against
them. The total number of juveniles remanded was 41 out of 42 making it 97%.. The juvenile
out on police bond was a 12 years old boy and his victim was basically of the same age. That is
how he was out on police bond while the families, even though the case was in court, were
negotiating reconciliation.
Page | 33
The most committed crime was aggravated robbery which is a non bailable offence followed by
cases concerning drugs and narcotics including possession and trafficking pursuant to the
Narcotic Drugs and Psychotropic Substances Act102 which is also non-bailable. It states;
Whenever any person is arrested or detained upon reasonable suspicion of his having
committed a cognizable offence under this Act, no bail shall be granted when he appears
or he is brought before any Court.”103
The above statutory provisions apply to both adults and juveniles offenders.
4.2.1 Pertinent To Delivery of Juvenile Justice and Protection of Rights of Juvenile

Offender
There are a number of key alone tasked with delivery of juvenile justice.
4.2.1.1 The Zambia Police

The operations of the Zambia Police are regulated by the Zambia Police Act.104Lusaka division
alone has 23 police stations and 77 police posts.105 The structures of police posts are created as
subsidiary to police stations and are relatively smaller making it impossible to separate adults
from juveniles..
It’s most obvious that from inception, criminal proceedings commence from point of arrest at a
police station and is thus imperative that the police, take into account the age of the offender106
and gravity of the offence107before one is brought before the courts. In short, age determination
is vital to determine whether one should be accorded juvenile privileges and to protect at all costs
the rights of the juvenile offender from time of arrest, court proceedings, findings and any orders
given thereafter. It has been noted that often police neglect informing parents to an arrested
juvenile of the arrest and leave it to members of the public to do the onus. For this reason, a
102
Drugs and Psychotropic Substances Act Chapter 96 of the Laws of Zambia
103
Ibid
104
The Zambia Police Act, Chapter 107 of the Laws of Zambia
105
Zambia Police website http://www.zambiapolice.gov.zm/index.php/divisions/lu?showall=&start=4 accessed
Thursday 26th August 2021
106
Sec. 14 of the Penal Code (Cap 87 of the laws of Zambia) states that a person under age of 8 is not criminally
calpable, under 12 requires extenuating circumstances, but not capable of sexual offences.
107
Rule 5 (1) of the Beijing Rules prescribes the rule of proportionality should be observed juvenile justice system
shall emphasize the well-being of the juvenile and to ensure that any reaction to offenders shall always be in
proportionate to the circumstances of both the offenders and the offence. also, Art. 40 of the CRC
Page | 34
juvenile may be brought to appear before the court without the parents present and no bail
posted.
i. Arrest and Statement

Without a juvenile being arrested, all other institutions, the courts, prisons, social welfare would
not be necessary108. On arrest ,the law provides that a police officer can make an arrest without
a warrant, any person they have reason to believe has committed an offence and the presence of
a parent or guardian during police interrogation of a juvenile is recommended. A child who has
been taken into custody should not be questioned asked to sign a statement about the crime
unless in the presence of the child’s legal representative or parent, or, if no parent is available, a
suitable adult whom the child trusts.109
In Mbewe v The People110 the Supreme Court held that the Juveniles Act stresses the importance
which the legislature attaches to the attendance of a parent or guardian of a juvenile offender
during all stages of the proceedings in court although there is no such provision in the Act for the
attendance of a parent or guardian at the police station. The court went on to state that it was
desirable in the interests of both the police and the juvenile to have a parent or guardian present
at the police station when a statement was being taken.
The police officer in the police station where the juvenile is brought may in any case, release the
juvenile on his own recognizance, with or without sureties,111 unless the offence is that of
homicide or any other grave offence. In which case, the arresting officer must ensure the juvenile
is detained separate from adults.112
From the interview with the Child Protection Unit (CPU), though juveniles may have separate
cells at Matero Police Station for boys, the girls are put in the same cells as adult women.
Transportation to the courts is in the same vehicle.
108
E. M. Simaluwani (1994)The Juvenile Justice System of Zambia, University of London, pg326
109
ACPF (2018). Spotlighting the Invisible: Justice for children in Africa, pg 59
110
(1976) ZR 317
111
Sec. 59 of the Juveniles Act, Cap 53 of the Laws of Zambia.
112
Art. 10 ( 2) of the ICCPR, Rule 13 ( 4) of the Beijing Rules, Art. 17 ( 2) of the ACRWC and Sec.58 of the
Juveniles Act
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4.2.1.2 The Zambia Prison Service
Children in custody are routinely drawn from some of the most disadvantaged families and
neighbourhoods113.
Lusaka has tow (2) main prisons where juveniles are kept during trial.
i. Kamwala Remand Prison
ii. Lusaka Central Prison (Chimbokaila)
Juveniles on remand are all crowded up in these two prisons. The Kamwala Remand has no
females there and at Chimbokaila, there is no separate place for the female. The remandees are
forced to be with the adults which is in absolute violation of not just their rights but the law both
on the international and the domestic scene. The infrastructure at both Kamwala Remand and
Lusaka Central (Chimbokaila) are all in a terrible state and over crowded with poor health, and
living conditions. Even though the law exists to uphold as much as possible the rights of children
and young adults, the facilities do not allow for that.
The researcher took an opportunity to go as far as Kamfinsa Prison on the Copperbelt (between
Kitwe and Ndola) and the juvenile holding space was a very miserable site with juveniles
brought in from as far as Chingola. The authorities shared that they are overwhelmed.
4.2.1.3 The Juvenile Courts

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. 114Or any
court hearing any charge against a juvenile.”115 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. A juvenile court is empowered to hear and dispose
of any case against a juvenile other than homicide or attempted murder116and whether a case is
grave or not, the case must be disposed off easily as was established in Siwale v. The People.117
113
J. Muncie (2009) The United Nations Children’s Rights & Juvenile Justice; Willian Publishers pg 8
114
Sec. 63 of the Juveniles Act, Cap 53 of the Laws of Zambia
115
Sec. 63 (a) of the Juveniles Act
116
117
(1973) ZR 218 also, as laid down in Art. 40 of the CRC, as well as Rule 11 of the Beijing Rules and Art. 17
(2) (c) of the ACRWC
Page | 36
The court may identify itself as a juvenile court by referring to itself as a juvenile court or by
sitting in a different room to adjudicate juvenile cases different from cases involving adults.118
i. Proceedings in Juvenile Courts

When a person appears to be a juvenile is brought before a court, the court has an affirmative
duty to make due inquiry as to the age of that person119even before taking plea. The court has a
duty to make due inquiry as to the age of that person. This principle has been upheld in
numerous cases and is now a time-honored staple of judicial precedent. In Musonda & Another
v The People,120the Supreme Court overturned the juvenile defendants’ sentence of fifteen years’
imprisonment with hard labour because it was found that there had been evidence that the
defendants were juveniles at the time of the offences, but their case had not been brought before
a juvenile court but instead were tried as adults .
Similarly In Davies Mwape v The People,121 the Supreme Court further emphasized the
importance of inquiring into a defendant’s age where it appears he or she is a juvenile, stating
that, in cases where the court is unsure if the defendant is a juvenile or an adult, the safest course
to take is to carry out a due inquiry in accordance with the terms of the Juveniles Act.
In Chipendeka v The People122 the High Court criticized the lower court’s failure to make any
inquiry as to the age of the juvenile appellant, who had subsequently been found guilty.
Although the High Court based its decision to order a retrial on alternate grounds, it stated in its
opinion:
“The Juveniles Ordinance (precursor to the modern Juveniles Act) imposes a duty on a
court to ascertain the age of a juvenile on his appearing before the court charged with an
offence. It appears to one that the learned magistrate was put on notice by the age stated
in the charge sheet and that he should have made such inquiry. This error gave rise to
further errors . . . The learned magistrate has made no record that he was sitting as a
juvenile court and he did not follow the procedure which one presiding over a juvenile
court is bound by statute to follow . . .If it was shown to an appeal court that the
118
119
120
(1976) Z.L.R.
121
(1979) Z.R. (S.C.)
122
(1969) Z.R. 82 (H.C.)
Page | 37
defendant was actually a juvenile, then it might well be that the court would hold that the
whole proceedings had been a nullity.”
ii. Parent/Guardian present in court

On interviewing parents, it was noted that most of them were not aware of the juvenile’s arrests
and were not present on getting of statements from the juveniles. And those that were actually
present as the juvenile is being picked up did not even know or understand anything. The
researcher observed also that in court, they merely just stand next to the juveniles and are not
even active participants because they do not understand the purpose of being present during
adjudication.
iii. Taking Plea and Statement of Facts

For juvenile proceedings, the researcher had the privileges of sitting through juvenile court
proceedings for months. With a pass from the courts, this also permitted her to go to the holding
cells and interview juveniles before they were taken through the underground tunnels to their
respective court rooms. At this, the researcher also had the opportunity to speak to different
parents and guardians present.
From observation, the first appearance before a juvenile court is to take plea. And as mentioned
above, it is imperative for parents/guardians to be present during all proceedings from inception.
The juvenile, after charges have been read before them by a sitting magistrate can either enter a
guilty or not guilty plea with the guardian on the side. After plea is entered be it guilty or not, the
next is the reading of statements of facts (which in just about all the cases is set for another
juveniles sitting) the juvenile court must still hear the prosecution’s supporting evidence in the
facts sheet. If a juvenile initially entered a guilty plea but does not agree as to one fact, the plea
then becomes a not guilty plea unless the prosecutor readjusts the statements of fact minus the
part the juvenile does not agree to. Which again, may have to be adjourned to another day.
In Clever Chalimbana v The People123the Supreme Court set aside a juvenile’s guilty plea
because his parents did not attend the proceedings. The court held that it didn’t know whether the
juvenile’s guilty plea was the fairest course for him to take without advice from a parent or
guardian.
123
(1977) ZR 282 (SC)
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Where a guilty plea is entered and facts ascertained, the case automatically goes to the social
welfare department for their report before an order is given. Where not, the case goes to trial.
The Magistrate may order a juvenile that is not on bail to remain remanded during trial.
The trials can be lengthier, time consuming and in most cases financially crippling on the parents
and guardians. For this reason, it was observed that in most cases, juveniles, for want of
expediting the process enter a guilty plea without understanding the legal repercussions.
In matters that Magistrate courts have no jurisdiction, i.e murder or attempted murder, the
juvenile appears in the juvenile courts and may continue to appear for mention until such a time
that the case is committed to the High Court and trial commences there.
The researcher observed that in many cases, neither the juveniles nor their guardians were aware
or knowledgeable of the proceedings and much less what questions they needed to ask to assist
in their trial. Automatically, this disadvantages the juvenile and prejudices the case against
them.
iv. Trial, Finding of Guilt.

Juveniles Act prescribes that juvenile trial be held in camera.124 Where a juvenile is not
represented, the court must provide particular procedural protections. After each prosecution
witness’s testimony, the juvenile must cross-exam with the help of the guardian.125 If the juvenile
does not cross-examine the witness, the magistrate must ask the witness any questions he or she
“thinks necessary on behalf of the juvenile.”126 The purpose of this section is to ensure that the
magistrate protects the rights of the juvenile to rebut the prosecution’s evidence against him or
her even if the juvenile decides not to cross-examine the prosecution’s witnesses. Following any
cross-examination, the prosecution has the right to re-examine the witness.127 Once both sides
close, the case is adjourned for a verdict and of course a finding of innocence closes the case
immediately. The case is different however where the finding is guilty. The case is adjourned
awaiting social welfare report.
124
Sec. 119 of the Juveniles Act and Art. 17 (2) of the ACRWC
125
Sec. 64 (4)
126
Sec. 64 ( 5)
127
Sec. 64 (5)of the Juveniles Act
Page | 39
4.2.1.4 Social Welfare
At all times, social welfare officers have represented parents or guardians who have either not
been traced or have been unable to attend court sittings at which their children’s cases are tried.
They have also acted as guardians for children when they are apprehended or arrested by police.
Social Welfare Officers are usually brought into the juvenile justice system to conducting social
investigations surrounding the juvenile offender after a guilty plea or finding and submitting
reports and recommendations to the courts. This is a means to assist the courts reach the best way
forward for the juvenile but the courts however, courts are not bound by such recommendations.
Depending on the order passed down the Social Welfare Officers may be called upon to
implement such orders e.g. probation orders which give them the power to provide counseling
and education services to probationers.
4.2.1.5 Approved School and Reformatory Orders

The court has discretion to pass any order as it seems fit. These may range from a fine,
probation, counseling or community service order depending on the offence and gravity,
circumstances surrounding the offence and mostly the character and behavior of the juvenile.
Juvenile courts may pass a custodial order too. This is where the juvenile is sent to an approved
school or reformatory.
Zambia has three approved schools.

i. Nakambala Approved School for boys in Mazabuka
ii. Katombora Reformatory School for boys deep in Southern Province, Kazungula
iii. Imsakwe Probation Hostel for girls in Ndola
An approved school order must be confirmed by the High Court.128 A reformatory order is
considered the most sever of punishments only where no other suitable punishment exists for
dealing with the juvenile as was established in Musonda and Another v. The People where the
Supreme Court held that a juvenile court erred in sending a first-time juvenile offenders to a
reformatory.129 The Supreme Court reasoned that a reformatory order was a “very severe
punishment” and so juvenile courts should use a reformatory order only when other punishments
128
Sec. 79 ( 1) of the Juveniles Act
129
S.C.Z. Judgment No. 9 of 1979) [1979] ZMSC 8 (20 February 1979); (1979 ) Z.R. 53 (S.C.).q
Page | 40
were inappropriate and “proved to be in vain in the past. A reformatory order also, is not valid
until certified by the High Court.
4.3 Conclusion
The most apparent challenge can be noticed from the courts. Zambia had no specific court
buildings for juveniles except ordinary courts that have juvenile sittings. In Lusaka for example,
the only courts would be the Chikwa Subordinates courts that also house adult sittings.
Sometimes, both adult cases and juvenile cases are heard on same days. This makes following
procedures, particularly of protecting the identity of the juveniles difficult as it would mean only
after the juvenile is standing would the case be cleared.
This was observed through many months of sitting in Juvenile cases and the court clerks
mentioned that it can be tedious and causing a lot of confusion with all the movements while the
court was sitting. It is also not easy to identify who is related to the case and who is not.
Secondly, because there are too many cases in a given day, unnecessary adjournments make the
delivering of a speedy case impossible.
It was observed that most times the social welfare officers lag behind in court proceedings
because they have a heavy work load. Sometimes tracking down parents to interview and collect
information from them becomes difficult once they miss them at the court house.
Page | 41
Chapter 5: Conclusions
5.0 Introduction
This chapter looks at final conclusions drawn from each chapter and suggested
recommendations. The research sought to study the rights of juvenile offenders under the
Zambian Juvenile Justice System compared to international and regional children’s rights
instruments.
5.1 Findings and Conclusions of Chapter 1

Chapter 1 introduced the study and laid down the essentials of the research laying the statement
the problem, main objectives and the purpose of the study. The overall objective of this study
was to assess rights of juvenile offenders from arrest through trial and whether the provisions of
the Juveniles Act alone are fully complied with in the protection of juvenile offenders’ rights
from time of arrest, through trial and sentencing. Specific objectives were;
iv. To examine the provisions of the Juveniles Act in comparison with other international
instruments in protecting rights of Juvenile offenders
v. To identify the institutional obstacles that may have impeded the fulfillment of juvenile
offenders’ rights when in conflict with the law;
vi. To determine legislative amendments that can be put in place for the creation of a proper
and improved juvenile justice system
In order to fulfil the objectives, the following questions were asked.
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 Why is the Zambian legal justice sytem failing to properly protect the rights of juveniles
offenders?
 What institutional and legal obstacles have impeded the protection and fulfillment of
children's rights when in conflict with the law?
 How can legislative amendments be put in place for the creation of appropriate
infrastructure facilities, as well as their rehabilitation and maintenance?

Chapter two looked at different literature and laws governing rights of juvenile offenders. The
laws looked at are both local and intentional law.
Having reviewed the different statues and international instruments, it was found that though not
extensively, Zambia has adopted and domesticated many provisions of the Universal Declaration
of Human Rights (UDHR), The United Nations Convention on the Rights of Children (the
CRC), the International Covenant on Civil and Political Rights (ICCPR), the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the
African Charter on the Rights and Welfare of the Child (ACRWC) into the Juveniles Act.
Zambia is still, however, in breach of obligations to protect the child in conflict with the law.
This finding is based on the fact that children in conflict with the law are not guaranteed the
special protection that they are entitled to under international human rights law. Children in
conflict with the law are still detained in remand prisons with adults as opposed to places of
safety and away from adults. Zambia’s domestic law has failed to comply with international
standards that require that children that are jointly charged with adults must be tried in an adult
court and that their status can only be taken into account at sentencing. This is a breach of its
obligations as it is contrary to the requirements under the CRC and the African Charter on the
Rights and Welfare of the Child. The fact that children are tried in most cases without legal
representation is also a breach of the fair trial guarantees protected under Article 40 and 14 of the
CRC and the ICCPR respectively. International law requires that all persons including children
Page | 43
deprived of their liberty ought to be treated humanely and should be kept in an environment that
promotes and protects their dignity.

Chapter three looks at the methodology adopted in the research. The researcher found that using
qualitative researcher was more effective in collecting data required for the completion of the
study.
court, are detained there meaning that period, the juvenile’s are kept in the same space as adults.

Chapter 4 dealt with interpretation of data collected from desk research and from the field.
From information collected, it can be seen that the juvenile justice system is pretty crippled
further shown that the lack of special courts to deal with children in the criminal process also
adversely affected the protection and enhancement of their rights. It was found that the
conditions in most of the institutions intended for the use and habitation by child offenders were
in a deplorable state. Even when most of the offences are bailable, none but 1 of the juveniles
under study was out on bail. Keeping juveniles out of the prison system out to be priority save
for serious offences. Most of the institutions also needed a comprehensive refurbishment and
rehabilitation and, in some instances, reconstruction.
5.5 Conclusion
Advocacy for rights of children can never be over emphasized and likewise, there can not be
enough or too much study on the matter. Children who come in conflict with the law are children
still and deserve to be protected and there best interest to be considered throughout judicial
proceedings. In conclusion, this research paper has demonstrated the weaknesses in both the law
and structural operations of the institutions of the juvenile justice system in Zambia.
5.6 Recommendations
a. Law Reforms
i. The Penal Code, CAP 87 of the laws of Zambia prescribes minimum age of
criminal responsibility at age of 10years. This is way too low compared to
Page | 44
other international instruments. The law should be revised and increase the
age to 14years and 12years only in special circumstances.
ii. Any offence committed by a child below the age of 14 should be treated as a
misdemeanour and ought not to be deprived of his/her liberty on arrest and
need not go through the court system.
In this same vein, house arrest must be normalised for children below the age
of 14 unless under extenuating circumstances.
iii. The law suggests that 16years as the legal age for consent for children in the
Penal Code and legal competence in the National Registration Act. No child
below the age of 16 should be prosecuted for any criminal offence without the
prior consent of the Director of Public Prosecutions.
iv. There are acts which when committed by adults are not crimes but are acts of
delinquency when done by children like taking alcohol. In the same spirit, act
that may be considered criminal when committed by adults should not be
prosecutable if not done by children an example is tresspass,
b. Court System
i. The most apparent challenge can be noticed from the courts. Zambia has no
specific court buildings for juveniles except ordinary courts that have juvenile
sittings. In Lusaka for example, the only courts are the Chikwa Subordinates
Courts that also house adult sittings. Sometimes, both adult cases and juvenile
cases are heard on same days. This makes following procedures, particularly
of protecting the identity of the juveniles difficult as it would mean only after
the juvenile is standing would the court be cleared. Emphasis must be made
on having juvenile cases heard behind closed days separate from adults.
Another alternative would be dedicating one or two court rooms specifically
for juvenile cases all week. This would make juveniles appearing before a
court much earlier and faster. It would also guarantee a social worker in the
courtroom all the times where human resource is limited.
Similarly in the High Court, during confirmations for reformatory and
approved school, these sittings are on the same days as adult case sentencing
Page | 45
as was noted by the researcher. It would make sense to have specific days in a
week or a month particularly for juvenile confirmations.
c. Infrastructure
i. There are only 3 approved schools in the whole country. Nakambala,
Katombora and Insakwe. These 3 are to carter for juveniles in all 10
provinces. The approved schools also do not have same programs as
Construction of additional reformatories and approved schools would
decongest the other three. 1 school per province would also permit parents and
family to visit the juveniles and maintain family connection in line.
ii. The law states that a child remanded must be kept in a place of safety but
instead are kept in prisons in very harsh inhuman conditions.
Creating “places of safety” can keep juveniles completely and totally separate
from adult criminal.
iii. In the meantime, every prison and police station must be compelled to create a
separate detention center for juveniles arrested.
d. Human Resource
i. Because the police force is the very first point of contact for juvenile
offenders, establishing a Special Police Unit for children separate from adults
to handle juvenile cases would help make sure the rights of juvenile offenders
are protected. These should be properly trained in juvenile justice.
ii. The Social Welfare Department is another institution that is under stuffed.
This department should be as important as teachers and doctors as civil
servants, Recruiting and training more social welfare officers would help
create a smooth juvenile justice system.
iii. Article 12 of the CRC suggests juveniles getting legal assistance in court
proceedings. It does not state they should be trained lawyers with locus standi
in the courts.
Page | 46
Creating more flexible procedural rules would permit anyone to assist
juveniles in court. Preferably trained Social Welfare officers. This will also
ensure reports are on time and promptly.
e. Diversion Programs,
i. Encouragement of diversion programs can never be over emphasized. It is
imperative that these are included in the Juveniles Act to create an aura of
emphasis.
ii. allows the police, prosecutors and the courts to remove the child in conflict
with the law from the criminal justice process at any stage of the criminal
proceedings before the final order of the court is made.
BIBLIOGRAPHY
ACPF (2018). Spotlighting the Invisible: Justice for children in Africa; Addis Ababa, Ethiopia
C. Ball, et al.(2001),Young Offenders: Law, Policy and Practice (2nd ed). Sweet &Maxwell,
London
C. R. Kothari (2004) Research Methodology: Methods and Techniques (2nd ed.) New Age
International Publishers, Delhi
J. Muncie, (2009) The United Nations, children’s rights and juvenile justice; William
Publisher, London, UK
J. Sorensen and J. Jepsen (2005) Juvenile Justice in Transition: Bringing the Rights of the Child
to Work in Africa and Nepal, Danish Institute of Human Rights, Copenhagen
Page | 47
S. MacDonald & N. Headlam (2008) Research Methods Handbook, Introductory Guide to
Research; Centre for Local Economic Strategies, Manchester.
RESEARCH WORK
D. C. Mumba (2011) The Juvenile Criminal Justice System in Zambia: Vis-à-vis the Internet
Protection of Children’s Rights,
J. Kariuki (2010), Towards a Child Rights Approach: A Comparative Analysis of the Juvenile
Justice Reform Process in Kenya and South Africa; Central European University, Budapest.
S.N kankasa (2006) The Child Justice System and the Rights of the Child in Conflict with the
Law: A Case Study of Zambia; Lund University, Sweden
E. M. Simaluwani (1994) The Juvenile Justice System of Zambia, University of London, UK.
REPORTS
Justice P. Musonda (2010) The Role of the Law and the Judiciary in Preventing Child Abuse:
Zambian Experience
UNICEF (2004),Justice for Children: Prevention as a Last Resort. Innovative Initiatives in the
East Asia and Pacific Region
UNICEF ( 2007) Rights of Children in Conflict with the Law, Ministry of Justice of
Montenegro
INTERNATIONAL STATUTES
The African Charter on the Rights and Welfare of the Child
The International Covenant on Civil and Political Rights (ICCPR)
The United Nation Convention on the Rights of the Child (CRC)
The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The
Beijing Rules)
The Universal Declaration of Human Rights (UDHR)
DOMESTIC LAW
The Constitution, Chapter 1 of the laws of Zambia
Page | 48
The Juveniles Act, Chapter 53 of the Laws of Zambia
The Penal Code Act, Chapter 87 of the Laws of Zambia
Criminal Procedure Code Act, Chapter 88 of the Laws of Zambia
Drugs and Psychotropic Substances Act Charter 96 of the Laws of Zambia
The Zambia Police Act, Chapter 107 of the Laws of Zambia
The Prisons Act Chapter 97 of the Laws of Zambia
CASES
Chipendeka v. The People (1969) ZR 82 at page 83

Clever Chalimbana v The People (1977) ZR 282
Mbewe v. The People (1976) ZR 317
Musonda and another v. The People (1976) 218 at 220
Tembo v. The People (1974) ZR 86
WEBSITES
http://www.zambiapolice.gov.zm/index.php/divisions/lu?showall=&start=4
Appendix A
CAVENDISH UNIVERSITY OF ZAMBIA
RESEARCH QUESTIONNAIRE FOR JUVENILES AND PARENTS
The undersigned is a LLB student at Cavendish University Zambia is conducting research

on the topic: ASSESSING JUVENILE JUSTICE SYSTEM AND RIGHTS OF JUVENILE
Page | 49
You are kindly requested to contribute to the process of preparing recommendations on how the
law should deal with young people in conflict with the law, through the “Juvenile Justice
System”, by responding to the questions that follow.
It is important to note that Zambia ratified the United Nations Convention on the Rights of the
Child (CRC) in 1991 and the country is also a signatory to the African Charter on the Rights and
Welfare of the Child yet the country is far from being satisfactory. The Researcher agrees with
this observation but has not found reasons why this should be the situation for Zambia almost
two decades since the country willingly accepted to be bound by the provisions of the
International Law contained in the said CRC and the African Charter.
Please answer all questions:
1. The questionnaire is made up of both open ended and close ended questions.
3. All information given will remain confidential and to maintain anonymity no names are
required but for the ease of analysis please indicate your personal details as presented in
the Questionnaire.
PART A: PARTICULARSAND BACKGROUND
1. Age:……………………………………… ……………………………………………...
2. School…………………………………………………………………………………
3. Bail or remanded…………………………………………………………………………
4. If in custody, where………………………………………………………………………
5. Residence…………………………………………………………………………………
6. Parents marital status ……………………………………………………………………
7. Parent/Guardians present from beginning …………………………………...………
8. 16. How did your parents/guardians know of the arrest……………………………
9. Occupation ………………………………………………………….…………….………
PART B: CASE PROCEDURE
10. Offence…………………………………………………………………………….………
11. Do they understand the offence……………………………………………….……..…
12. Is the offence bailable?…..……………………………………………………….……
Page | 50
13. First time offender …………………………………………………………..……………
14. Did anyone explain the reasons for your arrest? ………………………………
15. Stage in trial………………………………………………………………………….……
16. Do you have a legal counsel? ……………………………………………………..……
17. Did you get legal assistance …………………………………………………………
Appendix B
CAVENDISH UNIVERSITY OF ZAMBIA
RESEARCH QUESTIONNAIRE FOR INSTITUTIONS
Page | 51
The undersigned is a LLB student at Cavendish University Zambia is conducting research
on the topic: ASSESSING JUVENILE JUSTICE SYSTEM AND RIGHTS OF JUVENILE
You are kindly requested to contribute to the process of preparing recommendations on how the
law should deal with young people in conflict with the law, through the “Juvenile Justice
System”, by responding to the questions that follow.
It is important to note that Zambia ratified the United Nations Convention on the Rights of the
Child (CRC) in 1991 and the country is also a signatory to the African Charter on the Rights and
Welfare of the Child yet the country is far from being satisfactory. The Researcher agrees with
this observation but has not found reasons why this should be the situation for Zambia almost
two decades since the country willingly accepted to be bound by the provisions of the
International Law contained in the said CRC and the African Charter.
Please answer all questions:
1. The questionnaire is made up of both open ended and close ended questions.
3. All information given will remain confidential and to maintain anonymity no names are
required but for the ease of analysis please indicate your personal details as presented in
the Questionnaire.
1. Name of institutions ……………………………………………………………………

2. Rank or Position of : ……………………………………………………….………………
3. On average, how many juvenile cases do you have per day? ……………………...
4. Are the juveniles knowledgeable of the law? …………………………………………
………………………………………………………………………………………………
5. In your opinion, does Zambia have adequately law to protected the rights of child who
come into conflict with the law? …………………………………………………
i. State your reasons.………………………………………………………
6. In your opinion, does Zambia have adequately law to protected the rights of child who
come into conflict with the law? State your reasons. ….………………………
…………………………………………..…………………………………………
Page | 52
7. What challenges do you face in your department……………………………………
…………………………………………………………………………………………….
8. Which sections of the Juvenile Act, Cap. 53 do you think should be amended to best
protect the rights of juvenile offenders?…………………………………
……………...………………………………………………………………………………
9. What other institutions do think need improvements to best protect the rights of Juvenile
offenders?………………………………………………………………………
……………………………………………………………………………..………
10. List some of the major recommendations you may desire to make for the enhancement
and protection of the children’s rights in the criminal Justice system.
……………………………………………………………………………………
*Thank you so much for finding time to respond to this questionnaire.
Faith Cecilia Mulenga

Cell: 0979856183
Email: fm3569@students.cavendish.co.zm
Page | 53

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CAVENDISH UNIVERSITY ZAMBIA

ASSESSING JUVENILE JUSTICE SYSTEM AND RIGHTS OF JUVENILE

STUDENT NAME: Faith Cecilia Mulenga

PROGRAM: Bachelors of Law Degree

STUDENT NUMBER: 003 569

CONTACTS: +260 979 856183

Continue resting in peace Papa.

26. June. 1955 to 03. January. 2018

1.0 Brief background

1.1 Statement of the Problem

1.2 Research Objectives

1.3 Research Questions

1.3.1 Specific Research Questions

1.4 Research Methodology

1.5 Significance of the Study

1.6 Rationale of the Study

2.1 Concept of the Juvenile Justice System

2.2 The Concept of Human Rights

This was further reaffirmed in stating;

2.3 International and Regional Law on Rights of Juvenile Offenders

2.3.1 United Nations Convention on the Rights of the Child (CRC)

2.3.2 The International Covenant on Civil and Political Rights (ICCPR)

i. Concerning, the legal protection of children, the ACRWC stipulates safeguards

In addition, it also provides the following:

2.4.1 The Constitution (CAP 1) of Zambia

2.4.3The Juvenile Act (CAP 53) Of Zambia

Chapter 3: Research Methodology

3.2 Sampling Techniques

3.3 Data Sources

3.4.Data Collection Techniques and Instrumentation

c) Observations and personal experience

3.5 Data analysis and interpretation

3.6 Issues of reliability and validity

3.7 Ethical Considerations

3.8 Limitations of the Study

The study will took general research ethics into account.

Chapter 4: Implementation of Data

4.1 Results and Findings

Table 1: Sample Population and response %

*Police officers include 1 prison officer

4.1.1 Juvenile Responses

Below Age of 14 2 4.8 2 0 0

Table 3: Offences committed

Unlawful Wounding Yes 1 1

Breaking and entering Yes 7 7

Defilement No 2 1 (aged 12 was on police

Motor vehicle Theft No 1 1 (Jointly charged with

4.2 Data Interpretation

4.2.1 Pertinent To Delivery of Juvenile Justice and Protection of Rights of Juvenile

4.2.1.1 The Zambia Police

i. Arrest and Statement

4.2.1.3 The Juvenile Courts

i. Proceedings in Juvenile Courts

ii. Parent/Guardian present in court

iii. Taking Plea and Statement of Facts

iv. Trial, Finding of Guilt.

4.2.1.5 Approved School and Reformatory Orders

Zambia has three approved schools.

5.1 Findings and Conclusions of Chapter 1

In order to fulfil the objectives, the following questions were asked.

5.2 Findings and Conclusions of Chapter 2

5.3 Findings and Conclusions of Chapter 3

5.4 Findings and Conclusions of Chapter 4