A critical analysis of the legal framework of the right to remain silent in Zambia
Date
2015
Authors
Kapotwe, Isabel N.
Journal Title
Journal ISSN
Volume Title
Publisher
The University of Zambia
Abstract
This research assesses whether the legal framework of the right to remain silent is adequate in advancing the administration of justice in Zambia. This is achieved by examining the legal framework of the right to remain silent in Zambia both at the pre-trial and trial stages. The research assesses whether the right to remain silent at pre-trial and trial stages advances or suppress the administration of justice in Zambia. This is due to the fact there is an ongoing debate on the right to remain silent. While others are of the view that it advances justice, others are of the view that it suppresses it. Most of the studies that have been carried out pertaining to the right to remain silent relate to foreign jurisdictions. Thus this research studies the efficacy of the right to remain silent under the Zambian context. This is done with a view of drawing a conclusion as to whether the legal framework on the right to remain silent is adequate in advancing the administration of justice in Zambia.
This research is qualitative and was conducted through interviews and collection of secondary sources. The research establishes that the right to remain silent in Zambia extends to the pre-trial stage. The research establishes that this right is provided for in the constitution, albeit implicitly. However, the only set of rules that recognize the right to remain silent in Zambia are the judges’ rules. This leads to disregard of a suspect’s right to remain silent by police officers as the judge’s rules are merely rules of practice and have no binding force. Since the right is not expressly provided for in the constitution and in statutes that govern the arrest and detention of suspects, the legal framework on the right to remain silent at the pre-trial stage is not adequate in advancing the administration of justice in Zambia. This is because the right to remain silent is vital in protecting suspects from inhumane ways of extracting evidence by police officers. Thus the Zambian Constitution should be amended so that it expressly states that a person under police custody has the right to remain silent.
The right to remain silent at trial is expressly provided for in the constitution. The research establishes that the right to remain silent at trial advances the administration of justice in Zambia as it fairly balances the rights of the accused and society’s interests to secure conviction of a guilty offender. Pertaining to the right to remain silent at trial, no reforms are necessary as it is fairly balanced. Thus the legal framework on the right to remain silent at trial is adequate in advancing the administration of justice in Zambia.
Description
Keywords
Civil rights , Law enforcement-Zambia , Self-incrimination-Zambia , Right to counsel