Maravi

Access to justice shouldn't be for the rich - Judge Kaoma

Access to justice shouldn't be for the rich - Judge Kaoma
By Misheck Wangwe in Kitwe
Fri 25 May 2012, 13:29 CAT

KITWE High Court judge Roydah Kaoma says access to justice in Zambia should not be the preserve of the few rich people

In a speech read for her by senior Kitwe resident magistrate Davies Musonda during the Access to Justice Open Day organised by the Communication, Cooperation and Coordination Initiative (CCCI) Kitwe Chapter yesterday, judge Kaoma said poverty makes it difficult for the poor to enjoy equal benefits of the provisions of the law.

She said access to justice was a fundamental human and democratic right that should not be blocked by anybody whether rich or poor.

Judge Kaoma said justice was a central pillar of a free and equal society.
She said corruption was one of the major hindrances to access to justice especially for the poor.

"This occurs in instances where a system is not transparent, where information on case load is not readily available, where records and files are not easily accessible and where the procedures are not clear. The poor and vulnerable suffer the most in such a system," judge Kaoma said.

She said the chain of action involved in a criminal case and undertaken by the criminal justice agencies, from investigation, arrest, trial and then disposal of the case required effective communication, cooperation and coordination among the agencies involved if the justice was to be administered efficiently and effectively and minimise on delayed disposal of cases.

"The old adage says justice delayed is justice denied. I challenge the CCCI Kitwe Chapter to ensure that access to justice is not a preserve of the privileged few. People need to know their basic rights, the different courts and other structures they can have recourse to when they have a problem," Judge Kaoma said.

She said the poor do not usually have resources for paying legal fees and it was gratifying that the Legal Aid Board continues to offer legal representation free of charge.

Judge Kaoma said delayed disposal of cases had a spiral effect on the justice delivery system which had led to overcrowding of prisons which was of concern for the prisons service which was at the receiving end of the justice process.

She said the prison population had grown significantly in the recent years and was operating at an occupancy rate of 264 percent, the ratio of remand prisoners to convicts was also increasing and the capacity of the prisons was overstretched.

Labels: JUDICIARY

posted by MrK @ 2:22 PM