Zambian Courts Shutter Nationwide Amid Alarming Security Risks

Zambia's judicial system is currently experiencing significant disruption following the closure of courts across the country due to ongoing security concerns. This measure, backed by the Judicial and Allied Workers Union of Zambia (JAWUZ), has prompted calls from the Human Rights Commission (HRC) for the Judiciary to balance security imperatives with fundamental constitutional guarantees of access to justice.

The Zambia Police Service has clarified that these closures are part of intelligence-led and preventive security operations. These operations are explicitly aimed at safeguarding Government institutions, public officers, and members of the public accessing these premises. The objective is to identify and address potential security vulnerabilities and prevent threats to public safety and the efficient functioning of critical Government institutions. Assessments are being conducted at selected premises under the Ministry of Justice, Ministry of Home Affairs and Internal Security, the National Prosecution Authority, Attorney General’s Chambers, and other relevant Government departments. Inspector General of Police, Graphel C. Musamba, emphasized that this exercise is not directed at any specific individuals or groups but is an integral part of ongoing efforts to strengthen protection at critical Government premises and ensure the safety of persons and property. The Police affirm that these operations are being conducted professionally, lawfully, and in close coordination with various security and law enforcement agencies, urging the public to remain calm, cooperative, and comply with security instructions.

The Judicial and Allied Workers Union of Zambia (JAWUZ) has publicly endorsed the decision to close the courts, stressing that the measure should be respected for the safety of all involved. JAWUZ President Peter Mwale announced that the union has directed its members nationwide not to report for work until further guidance is issued by the relevant authorities. Mr. Mwale reiterated the union's commitment to comply with the directive and collaborate with law enforcement agencies to ensure the safety of court workers and the general public. He noted that court closures due to security concerns are not unprecedented, citing similar actions taken in the past when serious threats were detected. While expressing sympathy for litigants affected by the closures, Mr. Mwale stressed that the safety of court workers and the public must take precedence, with workers only returning once security agencies have assessed the situation and cleared all identified threats.

Conversely, the Human Rights Commission has voiced significant concerns regarding the impact of these closures on the administration of justice. The HRC stated that any disruption to normal judicial operations must be carefully balanced against constitutional guarantees, including the rule of law, the right to a fair hearing within a reasonable time, and access to an independent and impartial court. The Commission highlighted the critical post-election period, during which litigants are seeking urgent remedies for electoral disputes, many of which are subject to strict constitutional, statutory, or court-imposed deadlines. Dr. Pamela Towela Sambo, Human Rights Commission Chairperson, emphasized that the Commission expects the Judiciary to uphold these constitutional guarantees and ensure that access to justice is not unduly disrupted.

In response to these concerns, the HRC has called upon the Judiciary to immediately announce concrete measures to facilitate urgent and time-bound cases, ensuring that no person is subjected to prolonged detention or other prejudice solely because of the unscheduled closure. Furthermore, the Commission urged the Judiciary to clearly and promptly communicate the scope and expected duration of the closure, while simultaneously making alternative arrangements for essential and urgent proceedings. The HRC underscored that continued access to justice is critical in preventing potential tensions during the current period, reinforcing the necessity for transparency and proactive steps to mitigate adverse effects on fundamental rights.