Access to justice: Cabinet approves Legal Aid Policy as TEVETA develops paralegal curriculum

December 27, 2018 at 15:6

Access to justice is seen as a preserve of the well-to-do despite it being a fundamental human right and a catalyst to enhanced legal empowerment of the poor and vulnerable groups. Government considers legal aid interventions coupled with governance and astute poverty reduction strategies foster social and economic development process in the country. With effective and affordable access to justice, people have the opportunity to claim their rights or challenge crimes, abuses and human rights violations committed against them. Thus, a Legal Aid Policy was approved by Cabinet and launched by the Ministry of Justice. Additionally, TEVETA has developed and approved a curriculum for paralegal training to enhance equal access to justice, particularly for the poor and vulnerable people as part of Government efforts increase adherence to human rights and rule of law as articulated in the Seventh National Development Plan and Vision 2030. Speaking during the launch of both the National Legal Aid Policy and paralegal curriculum, Mr. Lubinda said legal policy and paralegal training programme would improve justice delivery, which was an important ingredient to national development anchored on human rights and Sustainable Development Goal Number 16 that requires capacitating officers in the legal services. He said legal services units in Livingstone and on the Copperbelt were established through collaborative efforts in the provision of legal justice. “Spreading legal services to other parts of the country will help free individuals that have been wrongly arrested and failed to defend themselves. Paralegal desks have also been created in Livingstone and on the Copperbelt to ensure persons can walk in and access legal services. Cabinet approved the legal aid policy in October 2018 to establish a comprehensive legal aid system for coordinating and monitoring legal aid services delivery in the country.” He added that in line with the approved legal aid policy, standardised legal aid training to be supervised by TEVETA to ensure the quality of paralegal training services in the country. The first training will be financed under the programme for legal empowerment and enhanced justice delivery (PLEED). The provision requires more legally trained legal services providers at different skills levels for equitable justice delivery. Objective of the policy is towards the recognition of paralegals in Zambia that have worked without recognition over the years. The policy will lead to formal training of paralegals to ensure sound advice is provided to clients. The policy seeks to bring impartiality, fairness and inclusiveness of those who had no legal representation. Legal policy and paralegal training program that seeks to improve justice delivery, which is an important ingredient to national development anchored on human rights and Sustainable Development Goal (SDG) 16 that requires capacitating officers in the legal services. Legal services units in Livingstone and on the Copperbelt have been established through collaborative efforts in the provision of legal justice. Spreading legal services to other parts of the country will help free individuals that have been wrongly arrested and failed to defend themselves. Paralegal desks have also been created in Livingstone and on the Copperbelt to ensure persons can walk in and access legal services. Cabinet approved the legal aid policy in October 2018 to establish a comprehensive legal aid system for coordinating and monitoring legal aid services delivery in the country. In line with the approved legal aid policy, standardized legal aid training to be supervised by TEVETA to ensure the quality of paralegal training services in the country. The first training will be financed under the program for legal empowerment and enhanced justice delivery (PLEED). The provision requires more legally trained legal services providers at different skills levels for equitable justice delivery. Meanwhile TEVETA Acting Director General, Cleophas Takaiza said legal aid policy and paralegal skills training in the country. “TEVETA appreciates the value paralegals play in providing legal services. We worked with a technical team to develop a curriculum to lead to training of paralegals leading to different qualifications levels. The programmes have been carefully prepared to meet legal industry requirements and Zambians legal services,” elaborated Mr. Takaiza. He further said TEVETA was working with key stakeholders to ensure paralegals provide equal access to justice and improve the provision of legal empowerment and enhancing justice delivery. Meanwhile, Legal Aid Board Chairperson, Mandy Manda said the Legal Aid Policy speaks to the 7NDP result area number 11 that focuses on improved access to justice to vulnerable groups and children and provision of information. The policy provides recognition to paralegals that provide information to people on the access to legal privileges. She said “implementation of the legal aid policy effectively is the desire of partners that worked over the years to ensure its formation and development of auxiliary requisites to equal access to justice through training of paralegals. Technical and financial support to ensure efficient implementation of the legal aid policy to accelerate access to justice especially the poor communities that cannot afford legal services.” And the EU Ambassador to Zambia, Alessandro Mariana said the development of the legal policy shows what was achievable when people put efforts together. “Accountability, democratic delivery and justice service provision are some of the pillars of achievement of the policy. The legal aid policy provides a legal aid mix involving paralegals, lawyers and legal aid desks at police and courts,” he added. In Zambia, most poor people fail to handle legal systems that are difficult understanding leading to wrongful conviction due to failure to grasp right ways of answering to their charges. Justice plays an important role in the development of Zambia especially when it comes to the creation of an inclusive society where efficiency and fair justice delivery is at the core of national aspirations. The Legal Aid Policy thus establishes a renewed regulatory and implementation framework for the provision, administration, coordination, regulation and monitoring legal aid in Zambia. The policy also creates a framework for non-lawyers to deliver legal aid services in the country as long as they are registered with the Legal Aid Board to provide legal aid. These non-lawyers include paralegals and legal assistants. Paralegals in Zambia have worked without recognition over the years. With formalized paralegal training, paralegals will be certified and registered with the Legal Aid Board to ensure sound advice is provided to clients. The Legal Aid Policy seeks to bring impartiality, fairness and inclusiveness of those who had no legal representation. The Policy also broadens the scope of legal aid services to the poor and vulnerable often imprisoned for lack of expression abilities in courts of law and law enforcement. Therefore, besides legal assistance and representation, services such as legal education, legal information, legal advice and mechanisms of alternative dispute resolution fall under the Legal Aid Board. With increased mandate, the Board and other legal aid service providers will apply resources on legal education and awareness campaigns on the law and legal aid services to empower people to claim their rights and obtain remedies. Furthermore, the Policy makes duty bond for state institutions to inform persons on their right to legal aid and availability of legal aid services. Unrepresented detained persons are required to be assisted to contact the Legal Aid Board to apply for legal aid. The aim is to ensure legal aid accessibility at different stages of the justice system to ensure individuals claim their rights. Some pillars of achieving the policy include accountability, democratic delivery and justice service provision through the legal aid mix involving paralegals, lawyers and legal aid desks at police and courts. In many cases, people were wrongful convicted because of not knowing the right ways of answering to their charges. Justice plays an important role in the development of Zambia especially when it comes to the creation of an inclusive society where efficiency and fair justice delivery is at the core of national aspirations.