LAZ OPPOSES EXPANSION OF NON-BAILABLE OFFENCES UNDER CRIMINAL PROCEDURE AMENDMENT
The Law Association of Zambia (LAZ) has expressed concern over the recent enactment of the Criminal Procedure Code (Amendment) Act No. 4 of 2026, which significantly expands the scope of non-bailable offences in Zambia’s criminal justice system.
LAZ says the Act represents a fundamental departure from established principles of criminal justice and is incompatible with Article 18 of the Constitution, which guarantees the presumption of innocence and the right to a fair hearing.
In a statement issued to RCV News in Lusaka today, LAZ noted that the enjoyment of these rights is reinforced by Article 11(1), which protects the right to liberty and requires that pre-trial detention be imposed only as an exception based on judicial determination, rather than as a blanket statutory rule.
“During the legislative process, LAZ made a comprehensive submission to the Committee on Legal Affairs, Human Rights and Governance of the National Assembly, highlighting serious constitutional and human rights concerns arising from the proposed amendments.
LAZ further stated that by effectively removing judicial discretion, the Act encroaches on the constitutional mandate of the Judiciary as provided under Articles 119 and 122, thereby undermining the doctrine of separation of powers.
The association also noted that the Act is inconsistent with Zambia’s international human rights obligations, including Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR) and Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR), both of which support a presumption in favour of pre-trial release.
LAZ has since called on government to urgently reconsider and repeal the Criminal Procedure Code (Amendment) Act No. 4 of 2026, and to introduce reforms that promote a fair and constitutionally compliant bail regime, grounded in the rebuttable presumption that an accused person is innocent until proven guilty, as enshrined in Article 18.
By Christabel Kamunu
