Protection of right to personal liberty — Constitution of Zambia Act, 1991 | Esheria AI

Constitution of Zambia Act, 1991

Protection of right to personal liberty

Status: in_forceRetrieved: 2026-08-18T06:53:14.477865+00:00Release: constitutions-global-20260821-v2
Protection of right to personal liberty (1) A person shall not be deprived of his personal liberty except as may be authorised by law in any of the following cases: (a) in execution of a sentence or order of a court, whether established for Zambia or some other country, in respect of a criminal offence of which he has been convicted; (b) in execution of an order of a court of record punishing him for contempt of that court or of a court inferior to it; (c) in execution of an order of a court made to secure the fulfillment of any obligation imposed on him by law; (d) for the purpose of bringing him before a court in execution of an order of a court; (e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia; (f) under an order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; (g) for the purpose of preventing the spread of an infectious or contagious disease; (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; (i) for the purpose of preventing the unlawful entry of that person into Zambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person while he is being conveyed through Zambia in the course of his extradition or removal as a convicted prisoner from one country to another; or (j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Zambia or prohibiting him from being within such area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Zambia in which, in consequence of any such order, his presence would otherwise be unlawful. (2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. (3) Any person who is arrested or detained— (a) for the purpose of bringing him before a court in execution of an order of a court; or (b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia; and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained under paragraph (b) is not tried within a reasonable time, then, without prejudice to any By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Constitution of Zambia Act, 1991 (Chapter 1) Zambia further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. (4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

Source and rights

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Provenance

retrievedAt
2026-08-18T06:53:14.477865+00:00
Open upstream source

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