26/03/2026
๐๐ข๐ง๐ฆ๐ช๐๐ก๐ ๐ก๐๐ง๐๐ข๐ก๐๐ ๐๐ฆ๐ฆ๐๐ ๐๐๐ฌ
๐ข๐ฅ๐๐๐ฅ ๐ฃ๐๐ฃ๐๐ฅ (๐ช๐๐๐ก๐๐ฆ๐๐๐ฌ ๐ฎ๐ฑ๐ง๐ ๐ ๐๐ฅ๐๐, ๐ฎ๐ฌ๐ฎ๐ฒ)
๐ค๐จ๐๐ฆ๐ง๐๐ข๐ก & ๐๐ก๐ฆ๐ช๐๐ฅ
๐ค๐๐ฒ๐๐๐ถ๐ผ๐ป ๐ก๐ผ:(๐ฎ๐ณ๐ฐ) ๐ฐ
๐๐๐ธ๐ฒ๐ฑ ๐ผ๐ป ๐๐. ๐๐ฅ. ๐จ. ๐๐ข๐ช, ๐ ๐ฃ. (๐๐๐๐ง๐๐๐ก๐ ๐ช๐๐ฆ๐ง):To ask the Minister of Justice and Correctional Services to state:
(๐ถ) how many people were detained under the civil imprisonment for failure to pay their debts during the years 2019; 2020; 2021; 2022, 2023; 2024 and 2025;
(๐ถ๐ถ) what the cost per day to the creditor civil imprisonment for debt is;
(๐ถ๐ถ๐ถ) what the cost per day to Government civil imprisonment for debt is; and
(๐ถ๐) whether he considers it necessary to review the law and procedures regulating the civil imprisonment for failure to pay debt.(๐ฏ๐ฑ๐ญ)
๐๐ก๐ฆ๐ช๐๐ฅ:
๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ, Civil imprisonment is where a person who owes another is committed to prison at the instance of a judgment and writ in favour of a judgment creditor or, the person owed. Such writ is issued under Order 53 of the High Court Rules and Orders.
๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ, there has been Three Thousand Eight Hundred and Twenty (3820) persons admitted in prison for civil imprisonment for the period 2019 to 2025.
The figure is made up as follows:
2019 had 436 detainees;
2020 had 239 detainees;
2021 had 516 detainees;
2022 had 635 detainees;
2023 had 737 detainees;
2024 had 766 detainees; and
2025 had 491 detainees.
๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ, A judgment creditor is required by law, under section 56 of the Magistrates Court Act to pay for maintenance of judgment debtor whom they have sent to prison. The cost of maintenance is One P**a Fifty Thebe (Pl.SO) a day.
๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ, the Government paid Seventeen Million, Seven Hundred and Seven Thousand, Six Hundred and Twenty P**a (P17,707,620.00) in maintenance of the debtors at One Hundred and Five P**a {P105.00) per person per day. The debtors were in detention for One Hundred and Sixty-Eight Thousand, Six Hundred and Forty-Four (168,644) days for which the judgment creditors were to pay Two Hundred and Fifty-Two Thousand, Nine Hundred and Sixty-Six P**a (P252,966.00) at One P**a Fifty Thebe (Pl.SO) per person per day.
The sum of Two Hundred and Fifty-Two Thousand, Nine Hundred and Sixty-Six P**a (P252,966.00) was expected from judgment creditors and only Fifty-Nine Thousand, Six Hundred and Eight Nine P**a Fifteen Thebe (P59,689.15) has been paid. This shows challenges associated with enforcing obligations of judgment creditors given that payment deposit of maintenance cost is not condition precedent to admission of judgment debtors to Prison. This is a heavy burden on the public for prisoners detained at the instance of judgment creditors.
๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ, the law on civil imprisonment presents a number of challenges as shown above. To this end, my Ministry will review the law and bring it before Parliament for appropriate legislative action.
๐ ๐๐ต๐ฎ๐ป๐ธ ๐๐ผ๐, ๐ ๐ฟ. ๐ฆ๐ฝ๐ฒ๐ฎ๐ธ๐ฒ๐ฟ.
