Immigration Control and Deportation Act
202.
A person’s liberty can also be restricted under the Immigration Control
and Deportation Act Chapter 123.
Section 25 of the Act gives the
Immigration Department the power to detain any person who upon
reasonable suspicion and grounds is a prohibited immigrant for a period
not exceeding 14 days.
203.
Section 26 of the Act, further authorizes the Immigration department to
detain and deport from Zambia, any person who is a holder of a valid
temporary permit, who has committed a fundamental breach of peace.
Mental Disorders Act
204.
Under the Mental Disorders Act, Chapter 305 a person’s liberty can be
deprived under the authority of a warrant or order of the Minister, a
Judge or a Magistrate. Before an order is made a Magistrate must satisfy
himself that the detained person is apparently mentally challenged and
has become dangerous to himself or to others; or is wandering at large
and is unable to take care of himself.
Conditions that Apply to Persons Deprived of their Liberty
205.
Article 18 (1) of the Constitution is instructive on the conditions that apply
to persons deprived of their liberty. (See Chapter 14). The practice on the
ground is that when an individual is arrested, his rights will be explained
and the offence read out to him by the arresting officer. Further, Section
33 (1) of the Criminal Procedure Code obliges the arresting officer to
present an accused person within 24 hours to Court.
However, it is
difficult to ensure the 24 hour time limit because of logistical problems
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