INNOCENT PEOPLE AT RISK UNDER NEW LAW, DPP LEADER WARNS
Democratic Progressive Party (DPP) president, Antonio Mourinho Mwanza, has warned that the recently enacted Criminal Procedure Code (Amendment) Act No. 4 of 2026 poses a serious threat to justice, arguing that it could result in innocent people being detained for crimes they did not commit.
In a statement, Mr. Mwanza said the amendment represented a dangerous shift in the country’s legal framework, as it risked punishing individuals before they were proven guilty.
He explained that the law undermined the long-standing principle of the presumption of innocence, which holds that every person is innocent until proven otherwise in a court of law.
He noted that by denying bail outright for certain offences, the law effectively equated accusation with conviction.
According to Mr. Mwanza, this approach was particularly concerning in Zambia, where judicial processes are often slow and cases can take months or even years to conclude.
He cautioned that under such circumstances, accused persons who may ultimately be acquitted could spend years in detention, during which their lives would be severely disrupted.
He added that individuals in such situations often lose their employment, suffer broken family relationships, and endure lasting reputational damage, even if they are later cleared of wrongdoing.
Mr. Mwanza further warned that the law could open the door to abuse, stating that anyone could make an allegation.
While acknowledging that many accusations, especially in serious cases, are legitimate and require urgent attention, he stressed that the justice system must also guard against false or malicious claims.
He argued that removing judicial discretion and imposing a blanket denial of bail created an environment where the law could be misused to settle personal scores or destroy lives.
The DPP leader also observed that many progressive jurisdictions were moving away from non-bailable offences, opting instead to allow courts to assess each case individually while balancing the rights of the accused with the seriousness of the offence.
Mr. Mwanza emphasised that justice should be fair, measured, and deliberate, warning that laws driven by emotion risk long-term harm.
He asserted that weakening due process and the presumption of innocence would ultimately erode justice and leave citizens vulnerable.