Publication Date
11-2024
Abstract
This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an opportunity to engage with international law and comparative jurisprudence to adopt a more rights-based approach, ensuring that judicial discretion is not displaced by executive authority and that clear mechanisms exist for the release of child offenders.
Recommended Citation
Smit, Samantha and Koen, Louis
(2024)
"Innocence Lost: The Dangers of Life Imprisonment for Children at whose pleasure: D.B. (a Juvenile) v. The People [2024] ZMCA 339 (18 December 2024),"
SAIPAR Case Review: Vol. 7:
Iss.
2, Article 11.
Available at:
https://scholarship.law.cornell.edu/scr/vol7/iss2/11
