Chief Justice – CJ Dr. Mumba Malila has disclosed that there is no new laws were promulgated by the new dawn government with respect to bail. The CJ however has urged all adjudicators in various courts across the country to support bail applications at all the times and ensure that the conditions set are not unduly onerous or impossible.
Responding to an enquiry by the Zambian Business Times – ZBT – on implementation of bail pronouncement of the [New Dawn] Government and whether the Judiciary was in a position to confirm that the practice is now embedded in the system, Dr. Malila said, the Judiciary has its own practices with regard to the granting of bail which is anchored in the provision of the law, particularly the constitution and the criminal procedure Code.
Getting bail on time as well as improvements in timelines for issuance of police bond has been abused by successive governments in Zambia leading to new extra-judicial punishments being meted on suspects in the abscence of a competent Court judgment. The new dawn government has been expected to put up new laws to fulfil this campaign promise.
The CJ disclosed that no new laws have been promulgated by the new government with respect to bail as according to his knowledge the appeal is that the Courts should grant bail more liberally than hitherto been the case.
“The position is that the law has not changed and individual Judges and Magistrates still have to make individualised consideration as to the appropriateness of granting bail and the conditions attaching to such bail.” He explained.
The Chief Justice Dr Malila said all adjudicators are however urged to ensure that bail conditions are reasonable at all times and are not unduly onerous or impossible.
