… Ex-LAZ boss warns of risk of wrongful detention
By EMV Reporter
Former Law Association of Zambia (LAZ) president Linda Kasonde has called for a review of Zambia’s legal framework on non-bailable offences, saying that all offences should be subject to judicial discretion.
In a statement shared on her official Facebook page, Ms Kasonde said the decision to grant or deny bail should rest with the courts guided by the circumstances of each case and supported by clear statutory guidelines.
“I believe all cases should be bailable, with the court exercising discretion based on the circumstances, as this approach protects individuals from being unjustly detained and upholds the principle of innocence until proven guilty,” Mr Kasonde said.
She warned that maintaining non-bailable offences risked the prolonged detention of individuals who may later be found innocent, citing past instances where certain offences were used to target political opponents.
Ms Kasonde noted that making offences bailable did not guarantee release, as the prosecution still bears the responsibility of demonstrating why an accused person should remain in custody, including factors such as flight risk or aggravating circumstances.
She said the classification of offences as non-bailable may be inconsistent with Article 18 of the Constitution of Zambia, which guarantees the right to a fair trial and the presumption of innocence.
Ms Kasonde maintained that a more flexible, court-driven approach to bail would better safeguard constitutional rights while ensuring justice is served.
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