The Criminal Justice System in Zambia

This report chapter examines the legal framework, organizational capacity, and public perception of the Director of Public Prosecutions (DPP) in Zambia. It highlights significant challenges regarding the office's independence, lack of geographic representation, and the reliance on untrained police officers for lower court prosecutions. The document details a draft national criminal prosecution policy from 2000 that remains unimplemented and provides recommendations to enhance the autonomy and transparency of the prosecutorial service.

• The Director of Public Prosecutions (DPP) holds the sole power to institute, undertake, and discontinue criminal proceedings in Zambia, except for courts martial. While the office is created by the Constitution, it is situated within the executive branch rather than the judiciary, and the DPP is appointed by the President with ratification from the National Assembly.
• The DPP's office suffers from severe organizational and geographic gaps, with no representation in five provinces: Eastern, Western, Northern, Luapula, and North-Western. Additionally, while an office exists in Central Province, it lacks a stationed advocate.
• There is a significant lack of public awareness and a perception of political interference regarding the DPP. Only 13 per cent of survey respondents understood the DPP's role, and there is a belief that the office lacks independence in cases involving high-ranking officials. This is exacerbated by the fact that the DPP is funded through the Ministry of Justice rather than directly by Parliament, which is seen as undermining security of tenure.
• Prosecutorial quality in lower courts is compromised because the majority of prosecutions are conducted by police officers appointed by the DPP rather than trained lawyers. These police prosecutors are noted to perform poorly when facing qualified defence attorneys.
• A draft national criminal prosecution policy created in 2000 recommended establishing an independent national prosecution service, separating prosecution from investigation, and ending the practice of using police officers as prosecutors. However, these recommendations have not been implemented as of the report's date.

APA

Institute for Security Studies (2009). The Criminal Justice System in Zambia. https://issafrica.org/topics/crime-and-criminal-justice/01-apr-2009-monograph-no-159-the-criminal-justice-system-in-zambia.-enhancing-the-delivery-of-security-in-africa-african-human-security-initiative/chapter-4-prosecutorial-services

Chicago

Institute for Security Studies. The Criminal Justice System in Zambia. 2009. https://issafrica.org/topics/crime-and-criminal-justice/01-apr-2009-monograph-no-159-the-criminal-justice-system-in-zambia.-enhancing-the-delivery-of-security-in-africa-african-human-security-initiative/chapter-4-prosecutorial-services.

Wikipedia

{{cite report |author=Institute for Security Studies |title=The Criminal Justice System in Zambia |date=April 2009 |url=https://issafrica.org/topics/crime-and-criminal-justice/01-apr-2009-monograph-no-159-the-criminal-justice-system-in-zambia.-enhancing-the-delivery-of-security-in-africa-african-human-security-initiative/chapter-4-prosecutorial-services |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudies2009criminal, author = {{Institute for Security Studies}}, title = {{The Criminal Justice System in Zambia}}, institution = {Institute for Security Studies}, year = {2009}, month = apr, url = {https://issafrica.org/topics/crime-and-criminal-justice/01-apr-2009-monograph-no-159-the-criminal-justice-system-in-zambia.-enhancing-the-delivery-of-security-in-africa-african-human-security-initiative/chapter-4-prosecutorial-services}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }