IRLI’s ongoing work in Zambia includes different access to justice programmes, one of which is helping to decongest the country’s seriously overcrowded prisons.
The Prison Courts Pilot Scheme stakeholders, Lusaka Central Correctional Facility, Lusaka, for the official inauguration event, February 2025.
In total, there are over 29,000 prisoners in the prisons in Zambia. Conditions are extremely poor, and there are thousands of forgotten prisoners who, for different reasons, have been in prison for years without having appeared in front of a court or judge and who, therefore, have not been able to access justice. These reasons include lost files, bail hearings or hearing dates not being fixed in the magistrates’ or high courts, unrealistic bail terms, judges moving to other districts and not dealing with their cases before moving, magistrates and judges being overworked, or limited and insufficient prison transportation.
At the Scheme's official launch event in Kitwe, April 2025
Prisons Courts work by bringing the court to the prison so that prisoners can get a bail or sentence hearing, have a trial date fixed, or have progress made in their cases. The prisoners are able to see justice being administered in front of them. In short, justice comes to the prison.
IRLI, supported by the Embassy of Ireland in Zambia, introduced this idea to Zambia in 2022. To date, we have supported bringing representatives of the Zambian justice institutions to Malawi to show them prison courts in operation there. In January 2024, the Zambian justice institutions signed an MoU to set up a pilot scheme to trial the prison courts concept. Prison Courts are called Mobile Courts in Zambia. There were many obstacles to starting up this initiative but on Thursday 20th February 2025 the formal launch took place in the Central Prison Lusaka with speeches from various dignitaries including:
- the Irish Ambassador, Bronagh Carr;
- the Presiding Judges of the High Court & Magistrates’ Court;
- IRLI’s Country Director for Zambia, Norville Connolly;
- the Director of Public Prosecutions, Gilbert Phiri SC;
- the Director of the Legal Aid Board, Humphrey Mweemba;
- the Deputy Commissioner of the Zambia Correctional Services, Kuyomba Bwalya.
African dancers completed the colourful Zambian celebration. Immediately afterwards, the first prison court took place when six forgotten prisoners had their cases listed. Further formal launches took place in early April 2025 in Kabwe in the Central Province and in Kitwe in the Copperbelt Province. Since then, more prison courts have taken place.
Celebrations during the inauguration event, Lusaka Central Correctional Facility, Lusaka, February 2025
In addition to the roll out of the prison courts across the country, we are working hard to extend this initiative to High Court cases, once again involving thousands of forgotten prisoners. Future plans include leading a three-day study visit to Malawi to meet Malawian Judge Mvula, who will conduct a prison court for high court cases during this visit as well as other observations and trainings. The Zambia group will include the judge in charge of Lusaka and Lusaka provinces, Judge Zulu, and other senior judges and officials. The purpose of the visit is to see how Malawi runs prison courts for high court cases. This visit will immediately be followed by a visit by Judge Mvula to Lusaka to meet other senior judges. It is hoped that the first prison court for high court cases will take place during that week.
During the launch ceremonies, as part of my speech, I spoke directly to the prisoners who were present and said:
Today is the day for those of you who have been forgotten. It is your day for being remembered. It is your day of hope that justice will come soon, that your applications such as for bail, applications for variation of bail terms, trial dates, high court appeal hearing dates, sentence delivery dates, guilty plea cases and other matters can now be dealt with quickly and inside the prisons.”
We strongly feel that the Prison Courts Pilot Scheme will be successful and that these courts will be established on a permanent basis. The launch events were days of hope for the many thousands of prisoners who, until now, have been forgotten. As I said in Lusaka Kabwe and Kitwe:
[…] the launch of these mobile courts are the days in my legal career which I will remember most."
Norville Connolly
Country Director (Zambia), Irish Rule of Law International