Zambia

Time to end mandatory death penalty in Zambia?

The courts of Zambia continue to pass and confirm the death penalty in alarming numbers, following a 2016 constitutional review in which the majority of voters expressed support for the existing laws on hanging. Presidents have periodically commuted large batches of death row prisoners. The most recent mass commuting of death penalty sentences occurred earlier this year, when President Edgar Lungu moved 225 men and 21 women off death row, ostensibly to reduce ‘overcrowding’ and create better conditions to protect against Covid-19.

Never will I forget the first time I sat in court, watching and listening as a judge passed the death sentence on a convicted person. In the years after that, before South Africa’s new apex court found the death penalty unconstitutional, I witnessed that scene on a number of other occasions, but each time it was a shock, a jolt to the soul: how could it be that this person, whom everyone in court had somehow got to know through the hours or days of the trial, who was alive and well, would be put to death by hanging on the orders of this judge?

Warnings offered by Zambian land expropriation case

As South Africa moves towards more stringent laws to allow expropriation of property without compensation, cases in other parts of the region show the pitfalls of expropriation even where compensation is paid. A new case from Zambia’s apex court concerns land expropriated from a farmer, ostensibly for development in the public interest. It turned out, however, that fraud was involved and that after a long period in which nothing was done with the land, it was sold off – at one stage for the development of a luxury hotel and golf course.

Read judgment

This is an extraordinary case in many ways. The contested expropriation took place 33 years ago. And this judgment represents the sixth time a court has considered related issues - despite the relevant law saying that once an appeal court has decided the matter it can go no further. At 136 pages, the judgment is also extraordinarily long.

Majority of Zambia's constitutional court: We are bound by this high court decision

When the constitution sets a minimum education level for members of parliament, what should be done about a candidate, accepted for nomination to parliament and ultimately voted in, who turns out not to have satisfied the requirements? Five judges of Zambia’s constitutional court split on this significant question, leaving the MP concerned, Lawrence Nyirenda, safely in his place.

Read judgment

Zambia’s constitutional court, last word on all constitutional matters, has been considering an application brought by a former member of the military and a member of Zambia’s diplomatic corps, Bizwayo Nkunika.

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