Legal aid helps secure rights of the vulnerable and indigent in Zambia

When accused of a crime, vulnerable and indigent Zambians have to deal with a judicial system they often do not understand, while not having the funds to hire people who can represent and assist them in navigating the judicial process. This leads to long incarceration periods pending trial, delayed administration, overcrowded prisons and – sometimes – convictions largely due to a poor defence.

A Legal Service Unit (LSU) at the Subordinate Court in the capital Lusaka is working to improve access to justice for indigent and vulnerable accused persons involved in criminal cases, including women and juveniles. The first of its kind in Zambia, the Unit provides assistance to its clients at key points throughout the justice process, from the prison cell to the court room.

“I am very happy with the work of the LSU. We can monitor the positive results through the reports that are submitted monthly, but also first hand in the court rooms. The people helped by the LSU are doing much better in terms of basic legal knowledge or information,” says Honourable Joshua Banda of the court – a driving force behind the LSU.

Empowerment through partnership

The LSU is a partnership between the Danish Institute for Human Rights, the Subordinate Court of Lusaka, the Legal Aid Board and the NGO, Prisons Care & Counselling Association. It was established after the Institute conducted a major Access to Justice Situation Analysis in Zambia in 2011 which highlighted the need to fill a justice gap in legal assistance, and from the proactive engagement of the Subordinate Court to establish a unit to address this gap.

The Subordinate Court has provided offices for the LSU within the court building and the holding cells. The LSU is staffed by a paralegal, legal aid assistants (law graduates) and a supervising lawyer who provide legal information and advice, liaise with the police and prisons, and provide legal representation to vulnerable and indigent clients.

“It is quite unique what the court has done. It is pivotal that legal aid is easy to obtain and that the role of paralegals gains legitimacy. Having the LSU staff in the court makes it so much easier to offer assistance,” Legal Adviser for the Danish Institute for Human Rights, Karol Limondin, explains.

Judging by the numbers, the LSU is so far a resounding success. From all cases provided with legal representation by the LSU in 2013, 64 percent of the cases either led to acquittals or were dismissed. This is something that pleases Honourable Banda:

“I have a passion for human rights and I believe that everyone is innocent until proven guilty. Most of the indigent and poor litigants need and deserve guidance in legal procedures in order to ensure a fair trial,” Honourable Banda says.

Rights education and securing bail

The work of the LSU begins inside the Lusaka prison. Many Zambians are held in remand awaiting trial – some sit for years charged with petty crimes such as theft – this bears a huge toll on both the accused as well as the overly-congested judicial system. Therefore, the LSU undertakes awareness raising inside the prison and outreach to detainees appearing in court. Accused persons can be granted bail in court, but they are often unaware of the possibility or lack the sureties needed in order to be granted bail.

The LSU provides rights information sessions to inmates and assists the accused in contacting relatives, friends or other resource persons to sign as sureties, guaranteeing they will show up for trial.

“It works both ways. We help the accused in securing bail, but we also educate them on the importance of honouring the commitment to appear for trial. If they do not show up, they are ruining things for the others inside the prison as the court will be less likely to grant bail in the future,” Patricia Kalengo explains. As an experienced paralegal, she operates from the LSU on a day-to-day basis and undertakes awareness raising in the prison herself.

Potential for all of Zambia

Undisputedly, the LSU has been a huge success since its launch in January 2013. All the involved parties would like to see the LSU spread to the rest of Zambia.

“This is a pilot project that has proven to be an effective way to address barrier s in accessing justice using a pragmatic approach. We are eager to see this expanded to other subordinate courts in the country and to share the lessons learned. We hope that the strong political will that exists among our partners in this project can be matched by the financial backing that a nationwide project requires,” Special Adviser for the Danish Institute for Human Rights, Lise Dahl says.

“This initiative has explored the concept of having legal services available at the court. Going forward, this is a model we can use at almost every court to make justice and legal aid accessible to those who need it”, Legal Aid Board Director, Mr. Ngulube, emphasises.

Honourable Banda of the Lusaka Subordinate Court concurs:

“I think this can spread to the rest of the country and maybe even further. The results are positive and I will encourage my colleagues to follow the example of what is happening at the Subordinate Court in Lusaka.”