Lusaka Lawyer Dickson Jere Questions Non-Bailable Offences: “To Bail Or Not Bail?”
Renowned Lusaka-based lawyer Dickson Jere has raised serious concerns over the growing list of offences classified as non-bailable in Zambia, arguing that bail is a constitutional safeguard that supports the principle of innocence until proven guilty.
In a post titled “To Bail Or Not Bail?”, Jere stated that the foundation of bail is anchored in Article 18 of the Zambian Constitution, which provides that every person is presumed innocent until proven guilty by a court of competent jurisdiction.
Bail Exists to Protect the Presumption of Innocence
Jere explained that bail is not meant to favour criminals, but rather to ensure that an accused person continues with life normally while attending court proceedings.
“Bail is meant to allow every accused person to attend Court whenever is wanted. It is also meant for someone to continue going about his business until a decision is made on whether is guilty or not guilty,” Jere wrote.
He added that bail is only denied when evidence suggests that the accused may flee the country, fail to attend court, interfere with evidence, or intimidate victims.
Court Delays Make Non-Bailable Laws Risky
The lawyer warned that making many offences non-bailable becomes dangerous in a justice system where cases take long to conclude.
He said on average, cases in Zambia take about two years to be disposed of, with some lasting even longer due to limited courtroom space, shortage of adjudicators, poor record-keeping systems and a lack of High Courts in some districts.
“Our record keeping system is still not update. So, backlog is huge in terms of disposal of cases in Zambia,” he stated.
Jere Points to Weak Investigations and Limited Forensics
Jere also criticized Zambia’s investigative capacity, saying police investigations are still not fully supported by modern forensic systems such as DNA testing and fingerprint analysis.
He noted that crime scenes are often destroyed before forensic tests can be properly conducted, which affects the quality of evidence and contributes to acquittals.
“The use of science such as DNA and fingerprints are still not that developed in Zambia,” he said.
Overcrowding in Prisons Worsened by Remandees
The Lusaka lawyer further pointed out that Zambia’s correctional facilities are already overcrowded, and the situation is worsened by a high number of remandees — people who have not been convicted but are still waiting for trial.
Jere explained that remandees occupy prison space without being put to productive correctional work, while the State still bears the responsibility of feeding them.
“Some die while waiting for their cases to be heard,” he wrote.
“We Are All Potential Victims of False Accusations”
Jere also warned that any citizen can be falsely accused or implicated in crime due to malice, mistaken identity, or association.
He cited examples such as someone planting stolen property like a cow in another person’s yard, leading to arrest and detention under a non-bailable offence.
He cautioned that by the time the accused is acquitted, their life may already be destroyed.
“By the time your case is concluded and acquitted, you would have lost your ‘life’ or even job or business,” he noted.
Jere Calls for All Offences to Be Bailable
Based on his arguments, Jere strongly proposed that all offences should remain bailable, with courts retaining the power to decide whether bail should be granted depending on the circumstances.
He emphasized that courts already use bail conditions such as sureties, cash bail, fixed abode requirements, and reporting conditions to ensure suspects do not abscond.
He suggested that bail should only be denied for repeat offenders with previous convictions for similar crimes.
“I dare say all offences must be bailable. Whether to give bail or not should be left to the Court,” Jere stated.
The lawyer’s post has sparked debate online, with many Zambians weighing in on the balance between protecting victims and preserving constitutional rights for accused persons.