📋 CASE INFORMATION

Citation: The People v John Sinkamba and Ors (2025/CCZ/R001) [2025] ZMCC 14 (28 July 2025)

Court: Constitutional Court of Zambia (a superior court – the highest court in our legal system that reviews constitutional questions)

Judges: Munalula PC, Shilimi DPC, Musaluke JC, Chisunka JC, Kawimbe JC, and Mulife JJC

Date of Judgment: 25 July 2025

Type of Case: Constitutional Reference (when a lower court asks the Constitutional Court for help interpreting the Constitution)

🤔 WHY THIS CASE MATTERS FOR PARALEGALS AND COMMUNITIES

This case answers one of the most important questions in Zambian child protection law: Who exactly is a child? The question seems simple, but it has huge practical consequences in Zambian courts and communities.

Across Zambia's child justice system—in magistrate courts, police stations, and child protection offices—different people were interpreting what a "child" means in different ways. Some officials thought anyone 18 years old or older was no longer a child. Others believed anyone under 19 was still a child. This confusion created a serious problem: young people caught up in the justice system didn't know what rights and protections they qualified for.

The case arose when three young men, including one described as a "child in conflict with the law" (CIL), were charged with possession of suspected stolen property. When the High Court judge tried to determine the accused young person's age for legal purposes, he discovered this exact confusion. The judge properly referred the question to the Constitutional Court for clarification.

This ruling now provides clear guidance across all courts, child protection agencies, and legal aid services in Zambia. It protects vulnerable young people and ensures consistent treatment of child offenders throughout our justice system. For paralegals working with families, young offenders, and child protection matters, this ruling is essential knowledge.

📖 OVERVIEW: THE CASE JOURNEY

In April 2025, three accused persons including a young person came before the Family Division of the High Court. The court needed to determine whether the young accused person qualified as a "child" under Zambian law. According to an affidavit (a sworn statement), the young person was born on 6 June 2006, making him approximately 18 years and several months old at the time of the alleged offence in November 2024.

This seemingly simple question revealed a major problem. The High Court judge discovered that stakeholders across Zambia's child justice system—police, prosecutors, social workers, and other officials—had been using different definitions of a child. Some said 18 and over = adult (not a child). Others said below 19 = child. This created confusion about when young people lose child protection rights.

The High Court judge wisely stopped the case and referred this constitutional question to the Constitutional Court. The judge asked: What does Article 266 of the Constitution actually mean when it defines a "child"?

The Constitutional Court assembled a full bench of six judges and issued a definitive ruling on 25 July 2025. The decision clarifies that the Constitution uses the word "attained" to mean a specific moment in a young person's life—the instant they turn 18—after which they are legally adults and no longer children. This ends the confusion.

📌 THE KEY LEGAL ISSUE

The Question Referred: What is the correct definition of a "child" under Article 266 of the Constitution of Zambia (Amendment) Act No. 2 of 2016?

The Confusion: Article 266 defines "child" as "a person who has attained, or is below, the age of eighteen years." But the Constitution also defines "adult" as "a person who has attained, or is above, the age of nineteen years." This left a gap: What about someone aged 18 to 19? Are they a child or an adult?

📝 THE FACTS

• On 11 April 2025, three accused persons (John Sinkamba, Prince Kaseba, and a young person in conflict with the law) were charged with possession of property suspected to have been stolen or unlawfully obtained (contrary to section 319(a) of the Penal Code).
   

• The young accused person was born on 6 June 2006.
   

• On 16 November 2024, the alleged offence took place. At that date, the young person was 18 years and several months old (the exact age is redacted for privacy).
   

• When the matter came to court on 11 April 2025 for plea, the High Court judge had to determine whether the young person qualified as a "child" under the Children's Code Act No. 12 of 2022.
   

• Section 71 of the Children's Code Act requires the court to determine a child's age through an affidavit (sworn statement). The affidavit showed the young person's birth date as 6 June 2006.
   

• The Problem: The judge noticed that different actors and stakeholders in Zambia's child justice system interpreted the definition of "child" differently, creating confusion and inconsistency.
  
   

🎤 ARGUMENTS FROM EACH SIDE

The Referring Court's Position:

The High Court judge noted the confusion and properly referred the matter to the Constitutional Court. The judge observed that various actors in the child justice system disagreed on who a child is:

• Some believed anyone above 18 is not a child.

• Others believed anyone below 19 is a child.

The judge correctly recognized this confusion required constitutional clarification.

The Constitutional Court's Task:

The Constitutional Court's job was not to rule on guilt or innocence in the criminal case, but to interpret what the Constitution means by "child."

⚖️ HOW THE COURT REASONED

The Constitutional Court applied three important interpretive principles:

1. Purposive Interpretation (Looking at the Constitution's Broader Purpose)

The Court explained that a Constitution is not just a legal document—it shapes society's values and aspirations. The Constitution should be interpreted in a way that promotes its purposes, values, and principles (Article 267(1)). The Court looked at the Constitution's overall intent regarding childhood, adulthood, and the transition between them.

2. Plain Meaning of Words

The Court examined the ordinary English meaning of key words in Article 266:

• "Attained" = to reach or achieve a certain point (like reaching age 18)

• "Below" = lower in position than; less than

• "Age" = the length of time a person has lived; in law, often marking important transitions (like adulthood at 18)

• "Above" = higher in rank or position than

From these meanings, the Court reasoned: A person is a child if they have attained (reached) age 18 OR are below age 18. A person is an adult if they have attained (reached) age 19 OR are above age 19.

3. Age Gapping: The Transition from Childhood to Adulthood

The Court looked at other parts of the Constitution that use "attained the age of eighteen years" to mark an important legal change:

• Article 37: A person must have "attained the age of eighteen years" to apply for citizenship by registration.

• Article 46: A citizen who has "attained the age of eighteen years" can register as a voter and vote.

The Court called this "age gapping"—the Constitution marks age 18 as the moment a person transitions from childhood to adulthood and gains full legal rights and responsibilities. Once you turn 18, you can vote, apply for citizenship, and are presumed responsible for your actions.

4. International Standards

The Court noted that Zambia has ratified two international conventions that also define a child as anyone below the age of 18:

• UN Convention on the Rights of the Child (1989, ratified by Zambia in 1998): Defines a child as "every human being below the age of eighteen years."

• African Charter on the Rights and Welfare of the Child (1990, ratified by Zambia in 2008): Uses the same definition.

This international consensus supported the Court's interpretation.

5. The Original Constitutional Draft

The Court examined the Technical Committee Report (2012) that drafted the Constitution. In that draft, "child" was defined as anyone "below the age of eighteen years" and "adult" as anyone who has "attained, or is above, the age of eighteen years." Although the final Constitution changed the wording slightly (now saying an adult is "above nineteen"), the original intent was clear: childhood ends at 18.

The Court's Conclusion:

Taking all these factors together, the Court concluded that the Constitution intends for age 18 to be the legal boundary. A person "below the age of 18" is a child. The moment a person turns 18 and has "attained" that age, they cross into adulthood and are no longer a child—even if they haven't yet reached 19. The gap between 18 and 19 means someone aged 18 to 19 is a child according to Article 266, because they have "attained" 18 but are "below" 19.

📌 THE COURT'S DECISION (OUTCOME)

The Constitutional Court held:

A child under Article 266 of the Constitution means any person who is below the age of 18. A person who is over the age of 18 is therefore not a child.

In other words:

• Below 18 years old = You are a child under Zambian law.

• 18 years old and above = You are not a child; you are an adult (or young person transitioning to adulthood).

This provides clear, definitive guidance across all Zambian courts and child protection systems.

📚 LEGAL PRINCIPLES TO REMEMBER

✅ The Definition is Constitutional: The word "child" in Zambian law is defined in the Constitution itself (Article 266), not in separate statutes. All other laws that reference "child"—like the Children's Code Act—adopt this constitutional definition.

✅ Age 18 is the Legal Milestone: Age 18 marks the transition from childhood to adulthood in Zambian law. This is when a person gains full legal rights and responsibilities (voting, citizenship application, and child protection laws no longer apply).

✅ "Attained" Means the Moment of Turning 18: The word "attained" is key. The moment you turn 18, you have "attained" that age, and from that moment forward, you are not a "child" under the Constitution.

✅ International Consistency: Zambia's definition of a child (below 18) aligns with international standards under the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, both of which Zambia has ratified.

✅ Purposive Interpretation Applies: Courts must interpret the Constitution in a way that promotes its purposes and values, not just apply literal wording. The Constitution's purpose is to mark a clear, consistent transition from childhood to adulthood at age 18.

✅ End of Confusion: This ruling eliminates conflicting interpretations of who a child is across police stations, magistrate courts, child protection offices, and legal aid services. Everyone now uses the same definition.

🔍 PRACTICAL IMPACT FOR PARALEGALS

💡 MINI-EXAMPLES: HOW PARALEGALS USE THIS RULING

⏱️ QUICK TIMELINE

🧠 ETHICS REMINDER FOR ZAMBIAN PARALEGALS

Registration & Accreditation: ✅ You must be registered with the Legal Aid Board to work as a paralegal in Zambia. ✅ Work only under a Legal Aid Board-accredited organization or legal aid service provider. ✅ Verify your paralegal level certification (Level 1, 2, or 3) and work only within that scope. ✅ Display your registration certificate at your place of practice and renew it annually.

NO Court Representation: ❌ Paralegals do NOT represent clients in ANY court in Zambia—not in Superior Courts, Subordinate Courts (magistrate courts), or Local Courts.

• You may explain court procedures and outcomes to clients.

• You may accompany clients to court for moral support only.

• You may help clients prepare documents and statements.

• But the client speaks for themselves, or they hire a qualified legal practitioner (advocate/lawyer).

Referral is Your Most Important Tool: 🔄 When a matter exceeds your scope (especially court representation or appeals), immediately refer to a qualified legal practitioner admitted to the Bar.

• Do this in writing if possible.

• Explain to the client clearly why referral is needed.

• Offer to help the client access legal aid if they qualify.

Confidentiality & Record-Keeping: 🔒 Maintain strict confidentiality about all client matters. 🔒 Keep accurate, secure records of every matter you handle. 🔒 Never disclose client information without written consent (except when law requires disclosure, e.g., child abuse).

Quality Standards: 📋 Follow the Legal Aid Board's quality assurance framework and standards for your level. 📋 Seek supervision and training to improve your skills. 📋 Report concerns about other paralegals or services that breach ethical standards to the Legal Aid Board.

Clients' Rights: 💼 Remind clients: Legal aid services are provided FREE of charge to eligible persons. Paralegals do not charge clients directly. 💼 Clients have the right to competent, respectful service and to refuse assistance at any time.

📖 HOW TO USE THIS SUMMARY IN YOUR WORK

For Level 3 Paralegals (Entry Level): Use this summary to understand what a "child" means in Zambian law. Learn the key facts and the ruling. Practice explaining it in simple terms to community members, using local language examples. Use the mini-examples to prepare for common situations you'll face.

For Level 2 Paralegals (Intermediate): Use this summary to provide legal information and advice to clients about how this ruling affects them. For example, if a client's 18-year-old child is arrested, explain clearly what rights they now have (or no longer have). Use the practical examples to guide your work in alternative dispute resolution and legal advice.

For Level 1 Paralegals (Advanced): Use this summary to help you prepare documents and provide legal assistance in child-related matters. Understand the constitutional principle so you can explain it clearly to clients and help them navigate the legal process. Use this ruling when advising clients about age-related legal issues.

FINAL REMINDERS FOR PARALEGALS

🔒 This ruling is now the law. Every court, police station, and child protection office in Zambia must use this definition.

🔒 Age 18 is the dividing line. If a young person is 18 or older, they are not a "child" under Article 266—but they may still qualify for youth or young adult services depending on other laws.

🔒 Be clear and consistent. When explaining this to clients, use simple language and repeat the main point: "Below 18 = child. 18 and above = not a child."

🔒 Refer confidently. When you need to refer a case to a legal practitioner, you now have a clear Constitutional Court ruling to back up your explanation of why representation is needed.

🔒 Protect young people. This ruling helps protect children's rights by ensuring clear, consistent application of child protection laws. Use it to advocate for young people's interests.