LAZ OBJECTS NON-BAILABLE OFFENCES

By NATION REPORTER THE Law Association of Zambia (LAZ) has opposed the enactment of the Criminal Procedure Code (Amendment) Act No. 4 of 2026, warning that the law poses serious constitutional and human rights concerns. LAZ president Arnold Kaluba said the association had, during the legislative process, made comprehensive submissions to Parliament highlighting the dangers of expanding the scope of non-bailable offences, but its concerns were not considered. Mr Kaluba said the new law removes judicial discretion by mandating automatic pre-trial detention for certain categories of offences, regardless of the circumstances surrounding each case. “In terms of its impact, the Act removes judicial discretion in respect of entire categories of offences and mandates automatic pre-trial detention, irrespective of the individual circumstances of the accused person,” he said. Mr Kaluba explained that such a provision represents a fundamental departure from established principles of criminal justice, where courts are expected to determine whether an accused person should be granted bail based on specific factors. He warned that the Act is incompatible with Article 18 of the Constitution of Zambia, which guarantees the presumption of innocence and the right to a fair hearing. Mr Kaluba said these rights are closely linked to Article 11, which protects personal liberty and requires that detention before trial should only be applied in exceptional circumstances. “The enjoyment of these rights depends on judicial determination, not blanket statutory rules,” he said. He also said removing judicial discretion, the law undermines the constitutional mandate of the Judiciary as provided for under Articles 119 and 122, thereby eroding the doctrine of separation of powers. Mr Kaluba also explained that the Act was inconsistent with the country’s international obligations under instruments such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, both of which promote a presumption in favour of pre-trial release. “International human rights bodies have consistently held that laws which categorically deny bail are incompatible with the presumption of innocence,” he said. Mr Kaluba is also concerned over the practical implications of the law, noting that the country’s correctional facilities are already heavily congested, with a large number of inmates being pre-trial detainees. He warned that expanding non-bailable offences would worsen congestion in prisons and place more strain on the country’s criminal justice system. “The expansion of non-bailable offences is likely to exacerbate this situation, placing further strain on an already overburdened system,” Mr Kaluba said. He said the absence of judicial discretion creates room for potential abuse, including the possibility of individuals being detained for extended periods without trial. Mr Kaluba has since called on Government to urgently reconsider and repeal the Act, and instead introduce reforms that uphold constitutional principles and promote a fair bail system.

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