The Criminal Justice System in Zambia

This report by the Institute for Security Studies provides a comprehensive review of the criminal justice system in Zambia, examining the interplay between statutory and customary law, the capacity of law enforcement and judicial institutions, and the challenges of prison administration. It highlights systemic issues including widespread corruption, severe prison overcrowding, and significant gaps in the delivery of justice to the poor and juveniles.

• Zambia operates a dual legal system consisting of general (common) law and customary law. While general law is constitutionally recognized, the majority of the population, particularly in rural areas, accesses customary law, which is informal and flexible. Traditional courts administering this law are not recognized by statute as part of the judiciary.
• Corruption is a pervasive issue across all levels of Zambian society, from the presidency to low-ranking public employees. The Anti-Corruption Commission (ACC) is described as under-resourced and under-skilled, and there is a perceived culture of impunity for top public officials.
• The Zambia Police Service (ZPS) suffers from severe operational and investigative capacity gaps. It has only 13,000 officers, which is less than half of the ideal complement of 27,000. A lack of forensic capacity means samples must be sent to the University Teaching Hospital or abroad, contributing to low prosecution rates.
• Public perception of the Zambia Police Service is generally negative, with 70% of polled Zambians dissatisfied with how crimes are handled. Common complaints include poor response times, unprofessionalism, and the use of unnecessary violence.
• The Director of Public Prosecutions (DPP) lacks sufficient independence and organizational reach, with no representation in five of Zambia's provinces. The office is funded through the Ministry of Justice rather than directly by Parliament, which is seen as undermining its autonomy.
• Zambia's courts face a massive backlog of cases due to infrastructure and human resource constraints. In 2005, only 38,858 of 98,709 reported offenses were taken to court, and 4,415 cases were carried over to the following year.
• Access to justice is severely limited for the poor and women due to the prohibitive cost of legal representation. While the Legal Aid Board exists, it is underfunded and primarily focuses on serious criminal charges in the High Court.
• Juvenile justice is characterized by a fragmented legal framework and poor conditions. Children are often not separated from adults in police cells, and some are held in remand prisons for years without appearing in court.
• Zambian prisons are dangerously overcrowded, with a population of 14,894 inmates in July 2007 against a capacity of 4,000. Approximately 57% of the prison population consists of remandees, many of whom are held under inhumane conditions.
• Prisoners face severe welfare issues, including inadequate food (often only one meal a day) and a lack of bedding. Overcrowding has led to prisoners sleeping on the floor or even standing up.
• HIV/AIDS is a critical health crisis in prisons, with a 1999 survey showing 27% of inmates were HIV positive. Risk factors include unprotected sex between male inmates, tattooing, and sharing needles.
• Customary justice is often preferred by the public over the formal system because it is perceived as more democratic, faster, and more restorative. However, it is plagued by gender-based discrimination and a lack of formal documentation.
• Zambia is a source and transit country for human trafficking, particularly for children and young women from neighboring countries like the Democratic Republic of Congo. The government is developing a national policy to combat this issue.
• Illegal migration is exacerbated by porous borders, particularly with Angola and the Democratic Republic of Congo. Historical colonial borders that split ethnic groups contribute to the movement of people across these boundaries.
• Zambia has signed numerous regional and international protocols on crime and security, but many remain unratified or undomesticated, limiting their legal applicability and the state's ability to impose penalties.

APA

Institute for Security Studies (n.d.). The Criminal Justice System in Zambia. https://issafrica.s3.amazonaws.com/site/uploads/Mono159Full.pdf

Chicago

Institute for Security Studies. The Criminal Justice System in Zambia. n.d. https://issafrica.s3.amazonaws.com/site/uploads/Mono159Full.pdf.

Wikipedia

{{cite report |author=Institute for Security Studies |title=The Criminal Justice System in Zambia |url=https://issafrica.s3.amazonaws.com/site/uploads/Mono159Full.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{instituteforsecuritystudiesndcriminal, author = {{Institute for Security Studies}}, title = {{The Criminal Justice System in Zambia}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/Mono159Full.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }