There has been a lot of talk about hate speech and tribal remarks in the country. The daily mail on June 6, 2024, reported on the Cabinet approving amending laws to include stiffer punishments for hate speech and tribal remarks. Those charged with hate speech or tribal remarks commit criminal offenses, and like everyone else, they are entitled to access to justice. Some members of the public, however, are not aware of what access to justice entails. This article discusses what access to justice is and what the Zambian law provides for its attainment.
What is access to justice?
Access to justice as a concept can be defined as the right of individuals and groups to obtain a quick, effective, and fair response to protect their rights, prevent or solve disputes, and control the abuse of power, through a transparent and efficient process, in which mechanisms are available, affordable and accountable.[1]
The Law on Access to Justice and Enforcement
Under International law,the Universal Declaration for Human Rights, states that “Everyone has the right to an effective remedy by the competent national tribunals for acts violating fundamental rights granted him by the constitution or by law[2]” and “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charges against him[3]”.
The International Covenant on Civil and Political Rightsobligates each Party toensure that any person whose rights or freedoms as recognized in the Convention are violated should have an effective remedy,and further that any person claiming such a remedy should have their rights determined by competent judicial, administrative, legislative or other competent authorities provided for by the legal system of the State.This obligation requires States to put in place mechanisms that are responsible for ensuring access to justice.
Zambia has included provisions on access to justice in its legislation. The first of these is the Constitution of Zambia[4]. The Constitutional provisions on access to justice are as follows:
Article 18 provides that a person charged with a criminal offence should be accorded a fair hearing within a reasonable time by an independent and impartial court[5]. This provision forms the foundation for access to justice in Zambia, which is based on the presumption of innocenceand equity before the law.Presumption of innocence means a person in a criminal trial is assumed to be innocent until proven guilty.
In addition to being accorded a fair hearing, any person charged with a criminal offence is supposed to be given enough time and facilities to prepare their defence. Where a person has no legal representation, they should be allowed to represent themselves. However, those who have no legal representation may seek legal aid pursuant to this requirement the Legal Aid Board was established as a statutory body to administer a comprehensive legal aid system that is accessible to all, effective, impartial, and sustainable. It offers legal representation in criminal and civil matters, legal education, legal advice, and legal Information.
Article 118 of the Constituion provides for Principles of Judicial Authority. The principles among others, guide the courts to ensure that everyone is accorded justice and it should be delivered quickly. Where a person is awarded compensation, the compensation should be very reasonable. In situations where formal Courts are limited, the use of traditional dispute resolution methods is allowed. Traditional dispute resolutions can be traditional courts in villages or one-stop centers. These are allowed provided that they do not contravene the Bill of Rights, are consistent with other provisions of the Constitution, or other written law, and/or are repugnant to justice and morality.[6]
Other relevant legislation that promotes access to justice is the Persons with Disabilities Act[7]which provides that a person with disability shall enjoy legal capacity on an equal basis with others in all aspects of life.The Act specifically makes provisions for persons with disabilities and ensures that they are not faced with any discrimination. it also provides that those who are disabled should be treated the same way as others, except that the Courts should take into account their conduction and make available appropriate facilities and procedures for their participation. The Gender Equity and Equality Act[8] provides that both sexes should have equal access to justice and protection before the law and that both sexes should have equal benefit of the law without discrimination”In conclusion, the law has made provisions on access to justice for everyone, The judiciary is accountable for ensuring that justice is delivered quickly and fairly as well as providing available and affordable mechanisms on access to justice. The Legal Aid Board was specially established to aid the vulnerable in society who may not be able to afford legal services or have any legal knowledge. In this regard, there are adequate provisions for access to justice for everyone regardless of gender, race, or status.
Ms.Zindaba Lwara a Research Officer at the Zambia Law Development Commission
FOOT NOTES
[1]Anderson NgulubenThe Role Of The Judiciary In Safeguarding And Ensuring Access To Criminal Justice: The Case Of Zambia. Available at https://www.southernafricalitigationcentre.org/wp-content/uploads/2017/08/GOAL-16-Book-Ngulube.pdf
[2] Article 8
[3] Article 10
[4]Cap 1 of the laws of Zambia
[5]Article 18 of the Bill of Rights
[6]Article 118(2)(d)
[7]No. 6 of 2012 in section 8
[8][8]No. 22 of 2015.