CHAPTER 7
Article 7
1. Every individual shall have the right to have his cause heard. This comprises:
(a) the right to an appeal to competent national organs against acts of violating
his fundamental rights as recognized and guaranteed by conventions, laws,
regulations and customs in force; (b) the right to be presumed innocent until
proved guilty by a competent court or tribunal; (c) the right to defence, including
the right to be defended by counsel of his choice; (d) the right to be tried within
a reasonable time by an impartial court or tribunal. 2. No one may be
condemned for an act or omission which did not constitute a legally punishable
offence at the time it was committed. No penalty may be inflicted for an offence
for which no provision was made at the time it was committed. Punishment is
personal and can be imposed only on the offender.
223.
All persons in Zambia are treated equally before Courts and tribunals
through the following measures:
A.
LEGISLATIVE MEASURES
The Constitution
224.
Article 18 states “(1) If any person is charged with a criminal offence, them, unless the charge is
withdrawn, the case shall be afforded a fair hearing within reasonable time by
an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence (a)
shall be presumed to be innocent until he is proved or has
pleaded guilty;
(b)
shall be informed as soon as reasonably practicable, in a
language that he understands and in detail, of the nature of the
offence charged;
(c)
shall be given adequate time and facilities for the preparation of
his defence;
(d)
shall unless legal aid is granted to him in accordance with the
law enacted by Parliament for such purpose be permitted to
defend himself before the court in person, or at his own
expense, by a legal representative of his own choice;
(e)
shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before
the court, and to obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the court
98