“All imprisonment shall be with or without hard labour in the discretion of the Court, unless the imposition of imprisonment only without hard labour is expressly prescribed by law.” 186. In determining the imposition of hard labour, Courts will take into account the severity of the offence, its prelevance and whether the accused is a first offender or not. Hard labour will not be imposed on a person who is physically challenged. Work or Other Service Under Article 8 (3) (C) of the Covenant Persons Under Detention 187. In Zambian prisons or cells, there are 2 categories of inmates namely prisoners and unconvicted inmates. Only prisoners can perform work or service stipulated in Article 8 (3) (c) (i). These works are provided in Section 76 (1) of the Prisons Act which states “(1) Civil prisoners and unconvicted prisoners shall be required to keep their cells, the precincts thereof and the furniture, clothing and utensils therein, clean. (2) Appellant prisoners shall be required to keep their cells, the precincts thereof and the furniture, clothing and utensils therein, clean and to perform such labour as the officer in charge, with the approval of the Commissioner, may direct.” 188. In addition, Section 154 (2) and (3) of the Prisons Act make it possible for a prisoner to be hired out or placed at the disposal of a parastatal organization, a public company, a statutory corporation or a public institution. There is a proviso that such prisoners shall work under the supervision or control of a prisons officer or other public officer. Where a prisoner is hired out such prisoner is entitled to be paid wages. 189. According to Section 156 of the Prisons Act, no prisoner shall be required to do any labour on Sundays or public holidays except such labour as may 88