The Human Rights Commission (HRC) commends President Edgar Lungu for pardoning 2,984 inmates and granting of unconditional bail to 2,719 remandees.

The pardoning of 2,829 male and 155 female inmates on the eve of Africa Freedom Day is commendable as their right to liberty has been restored. The combined 5,703 number of inmates and remandees that was released yesterday is extremely significant because it will contribute to family and social stability.

The granting of unconditional bail to 2,719 remandees is commendable. The Commission has always been advocating for granting of bail to suspects facing bailable offenses and misdemeanors as has been done by the President. It is hoped that a sustainable and predictable mechanism will be put in place to prescribe bail as a right in order to enhance the rights to liberty and the presumption of innocence until proven or pleaded guilty.

The pardoning of inmates is commendable because in addition to reducing congestion, it will also contribute to social cohesion, reduction of crime and national productivity. The pardoning has provided an opportunity to ex-inmates to utilize their entrepreneurship skills they ex-inmates were learning in the Correctional Facilities and this has potential to contribute to reducing household poverty and hunger as well as a national food.

It should be noted that the conviction of individuals, particularly breadwinners, contributes to family disintegration and contributes to a wide range of social ills such as juvenile delinquency, sexual abuse and other forms of crime by some family members as a coping mechanism in the absence of a breadwinner.

It is also worth noting that the decision by the President under the prerogative of mercy as provided for under Article 97 of the Constitution of Zambia [Amendment] Act No. 2 of 2016 is especially significant during this period when the country is preventing, managing and controlling coronavirus.

The decongestion of Correctional Facilities means that the risk of contracting and spreading the virus in those facilities has been reduced, and that is a commendable executive decision in the fight against COVID 19.

The Commission wishes to also appeal to family members and society at large to accept, welcome and embrace the pardoned inmates because in the first place such inmates came from those families and society and they are back as law-abiding citizens after going through the criminal justice system.

It should be appreciated that released inmates are going to inevitably face serious emotional, psychological and socio-economic challenges during their family and community re-entry and they will need multi-sectoral and specialized counseling and support to help them cope up.

The Commission is aware that the Zambia Correctional Services has been conducting Pre-Relief Counselling to the pardoned inmates to make them aware of the adverse challenges that may face after being released in order to create resilience in them. However, families and society at large have a primary responsibility to accept, welcome and support the pardoned inmates to fully reintegrate and contribute to public safety and the well-being of society at large.

Further, the pardoned inmates must not betray the President’s compassion by reoffending society. Equally, those granted unconditional bail must remain law abiding citizens during the period of being on bail and ensure that they are available at the time they may be required to appear before the court of law.

The Commission is hopeful that the Zambia Correctional Services through its Correctional and Extensional Services will be adequately supported to play their family tracing and tie up, community re-entry and victim-offender mediation and reconciliation services to sustain the positive impact of the measure undertaken by the President.

Constitutional Lawyers says he maintains that the six Constitutional Court Judges are not qualified to hold the positions they do.

In a press statement, published in News diggers newspaper, Sangwa said he has enormous respect for the judges.

“I have accepted the appointment of constitutional court judges and respect their authority,” he declared.

Mr Sangwa also dismissed assertions that he is an expert in constitutional matters.

“I have never claimed expertise in constitutional matters..I am just a keen follower of constitutional development in Zambia,” he said.

Below is Mr. Sangwa’s full statement

STATEMENT BY JOHN SANGWA S.C.

On 10th March 2020, a story was published in the Diggers Newspaper titled “Lungu Dribbled Citizens – Sangwa by appointing unqualified ConCourt Judges”. The story generated debate on the competence and qualifications of Judges of the Constitutional Court. Since then a number of other stories, mostly false, linked to me have been published in some newspapers and other media. I have never had, and I do not have presence on any social media platform, yet a number of Facebook pages, and recently Twitter accounts, have been created in my name which publish and republish false statements.

I recognise and regret the fact that some statements attributed to me in the publication of 10th March 2020, and in other stories, have caused considerable embarrassment and distress to the Judges of the Constitutional Court.

Admittedly, I have interacted with the reporters from the Diggers Newspapers, mostly when they have sought my explanation on certain constitutional issues. I have also, at times, shared my views on the implications of certain constitutional issues and developments. The most recent and possibly very important contact was in the context of the debate on the Constitution of Zambia (Amendment) Bill No. 10 of 2019. I collaborated with them to inform the country why, in my opinion, it was vital to ensure that the Bill did not become law and most crucially why the Constitution, as it stands today, must be protected at all cost.

Whilst I do not have and I have never had control or a say over the editorial content of the Diggers Newspaper I do, however, have a duty both legal and moral to clarify and provide context to some of the statements attributed to me, for the benefit of the Judges of the Constitutional Court and Zambians committed to constitutional rule.

I have never claimed expertise in constitutional matters, but I have been a keen follower of constitutional developments in Zambia for more than thirty years. I was, therefore, elated on 5th January 2016, when President Lungu signed the Constitution (Amendment) Bill into law.
I never thought there would be a day, in my lifetime, when a sitting President would reduce his own powers and grant the Judiciary, the National Assembly and the people oversight over the office of President. Most notably, see a Constitution that would vest the right in and impose the duty on every citizen to protect and defend the Constitution.

The Constitution, as amended, was immediately tested when it was time to appoint Judges of the Constitutional Court. I was interested in how all those involved in this process would live true to the ideals contained in the Constitution, since it “binds all persons in Zambia, State Organs and State institutions.”

When the names of the six nominees to the Constitutional Court were announced, in line with my oath of office as a lawyer and right and duty as a citizen to protect and defend the Constitution, I evaluated the qualifications of each nominee based on the documents submitted in support of their respective nominations against the relevant provisions of the Constitution.

It was my opinion that none of the nominees qualified for appointment to the office of Judge of the Constitutional Court. I detailed the basis of my conclusion in a brief attached to my letter to the President dated 13th March 2016, which was copied to the Chief Justice, the nominees, the Chairman of the Judicial Service Commission, the Speaker of the National Assembly, and the Law Association of Zambia.

What is contained in the brief is and remains my opinion, given as part of the vetting process of the Judges of the Constitutional Court. My opinion was not accepted. The President did not rescind the nominations, the nominees did not withdraw their names for consideration for appointment to the Constitutional Court, the National Assembly confirmed the nominations and the nominees subsequently took the oath of office.

The process was completed and the Judges have been exercising the powers vested in the Constitutional Court by hearing and deciding cases. I have accepted the outcome of the constitutional process. Defending and protecting the Constitution is not just about ensuring that it is not violated. It is also about respecting the processes established by the Constitution and accepting the outcome.

I have accepted the appointment of the Judges of the Constitutional Court and recognise and respect their authority. Consequently, since the Constitutional Court was constituted, I have, most likely, filed and argued more cases before that Court than any other lawyer in Zambia.

Prison Care and Counselling Association (PRISCA) has commended President Edgar Lungu for pardoning 2,984 inmates in commemorating Africa Freedom Day which falls on 25th May 2020.

Of those pardoned, 55 are aged, 11 were released on compassionate release, three medical cases, 9 HEPs and 12 foreign nationals. 155 of the total number accounted for women while 2,829 are men.

According to Minister of Home Affairs Stephen Kampyongo, this brings down the prison population which was standing at over 22,000 to 19,248.

President Lungu pardoned 2,182 inmates last year in commemoration of Africa freedom day and a total of 3,430 inmates in the year 2018.

PRISCAA director Dr Godfrey Malembeka said it is humbling that the current Government has continued treating prisoners with the dignity that they deserve.

“We have noted with gladness that of those that have been pardoned are vulnerable inmates such as the aged, the sick and those held under His Excellency’s Pleasure (HEPs).

Dr Malembeka further said he is also elated to learn that bail conditions have been relaxed and over 2,700 persons have been granted unconditional bail saying this is a step in the right direction if we are to decongest our correctional facilities in Zambia especially during this period of the Coronavirus.

He also thanked the Ministry of Home Affairs and Zambia Correctional Service for their hard work in assessing the beneficiaries of the presidential prerogative of mercy, parole and compassionate release adding that these exits have continued decongesting our highly congested correctional facilities in Zambia.

“We appeal to members of the general public to accept ex-prisoners back into society and help them with basic needs where necessary. Prisoners have been released at a time when they may need warm clothing and blankets and we appeal to well-wishers to come to their aid. We also appeal to traditional leaders, Members of Parliament and churches to also raise to the occasion and help our brothers and sisters that have been pardoned. By doing so, we are completing the cycle of rehabilitation” Dr Malembeka urged.

To those who have been released, Dr Malembeka urged them to demonstrate high levels of discipline, be law abiding and prove to society that they have really reformed as this will encourage the President to continue extending an olive branch to their friends that are still held in correctional facilities around the country and will also build confidence in the general public that prisoners are truly being reformed.

And

The Disaster Management and Mitigation Unit (DMMU) has engaged the Zambia Correctional Service(ZCS) and Zambia China Mulungushi Textiles on a joint venture to manufacture 4- Million reusable face masks for pupils in examination classes .

Minister of Home Affairs Stephen Kampyongo says the joint venture is in a bid to support Government’s multisectoral response to the Coronavirus pandemic. Mr. Kampyongo said that the first batch of two million face masks will be manufactured before schools reopen on June 1.

The Minister was speaking during a press briefing held in Lusaka today.

And Mr. Kampyongo says the second batch of the face masks will be delivered on time to enable pupils have access to learning facilities without fear of contracting the virus.

Meanwhile, Schools in Livingstone have intensified preparations in readiness for reopening of examination classes on June 1.

District Education Board Secretary Aiden Kambunga has told ZNBC News in an interview that his office working with health authorities and the Livingstone City Council is already putting up measures to ensure that the schools are ready for learners under the new normal.

And Livingstone City Council Public Relations Manager Melvin Mukela has said the local authority has already disinfected Hillcrest Technical Secondary School and that the rest of the schools will be disinfected before reopening.

Meanwhile, Minister of General Education David Mabumba has called on parents and guardians to work with school authorities to enhance preparedness against Covid-19, as schools re-open for examination classes on June 1.

Mr. Mabumba says parents and guardians should foster relations with the government in ensuring that NO learner misses examinations in December due to the Covid-19.

He says the school calendar has been adjusted to avoid a crisis in the education sector in the wake of the Coronavirus pandemic.

The minister was speaking after touring Chibombo Secondary School in Central Province.

Mr. Mabumba was impressed with the setting up of a Sick Bay at the school to be used in an event of any suspected case of Covid-19 among pupils and sanitation measures put in place to prevent the disease.

He advised the administration to work hard and support President Edgar Lungu’s wish for learners to attain good education while encouraging them to create a conducive environment at the school.

And Acting School Head Teacher Raphael Mbewe revealed that the school has come up with 17 examination classes out of the initial 9 classes.