LAZ Condemns Prolonged Detention Without Court Appearance

The Law Association of Zambia (LAZ) has condemned the prolonged detention of suspects without court appearance, citing a Supreme Court ruling that police have no power to arrest people simply for the purpose of making inquiries.

In a statement, LAZ President Arnold Kaluba said the Association was concerned by reports of people being held for extended periods without being brought before a court. He stressed that the right to personal liberty must be protected regardless of the allegations against a person, their political affiliation, status or any other consideration.

Article 13 of the Constitution requires a person who has been arrested and is not released to be brought before a court without undue delay. LAZ also cited provisions of the Criminal Procedure Code requiring appropriate action, including a formal inquiry and, where applicable, release on police bond, where it is not practicable to bring a suspect before a court within 24 hours.

The Association further referred to the 1999 Supreme Court case of Munyonsi & Another v Ngalabeka, in which the court held that police cannot use arrest and detention simply to make inquiries. The ruling established that an ongoing investigation, on its own, does not justify continued detention beyond what the law permits.

LAZ has called on the police to ensure that every detention has a lawful basis, bring detainees before court without undue delay or release them, grant police bond where warranted, and conduct investigations without using prolonged detention as a substitute for proper investigative work.

The Association has also urged law enforcement agencies to respect constitutional protections without discrimination.

LAZ clarified that its statement does not express any view on the guilt or innocence of anyone under investigation or prosecution.

“The rule of law requires the State to investigate and prosecute suspected criminal conduct. It equally requires the State, in doing so, to obey the law,” the Association stated.