Is there adquate juvenile justice? A critical analysis of the Law of defilement by juvenile offenders and the issues raised in Kapya Kandeke V the People

Abstract

This dissertation considers whether there is adequate juvenile justice with regard to the law of defilement paying particular attention to the case of Kapya v the people. In approaching the subject matter, the research begins by giving a general background of the juvenile justice system. The research has gone further to explain the position of the law of defilement in Zambia. To favourably evaluate the adequacy of the juvenile justice system, the dissertation has compared the Zambian juvenile justice system with that of other jurisdictions, particularly South Africa and United States of America. Since Zambia is a common law country, hence religiously follows the doctrine of judicial precedent, the research has thus paid particular attention to the decision of the Supreme Court of Zambia in the case of Kapya v the People. The research has, however, indicated that much as that the decision is law, it does not reflect the best of the juvenile offender. The dissertation has indicated that juveniles are unique individuals who are not developmentally and fully grown and thus need to be treated with delicacy and care in case they contravene the law. As such, the dissertation recommends that the approach to addressing juvenile delinquency involving defilement should be revisited. Thus, the paper recommends the vigorous campaign for diversion, restorative and ubuntu in their treatment. The paper further recommends for imprisonment to be used as a measure of last resort, education for police officers, law reform and infrastructure development among others.