ABOUT ZAMBIA LAW DEVELOPMENT COMMISSION
The Zambia Law Development Commission (ZLDC) is semi-autonomous statutory body established by an Act of Parliament, the Zambia Law Development Commission Act Chapter 32 of the Laws of Zambia. The ZLDC falls under the portfolio of the Ministry of Justice. The ZLDC conducts research and makes recommendations on the revision and reform of law in Zambia.
INTRODUCTION AND BACKGROUND
The ZLDC Act, Chapter 32 of the laws of Zambia mandates the Commission to conduct research and make recommendations on the socio-political values of the Zambian people that should be incorporated into legislation; the anomalies that should be eliminated in the statute book; new and more effective methods of administration of the law and the dispensation of justice that should be adopted and legislated. The Commission also recommends new areas of the law that should be developed which are responsive to the changing needs of Zambian society and the removal of archaic pieces of legislation from the statute book.
The Penal Code Act Chapter 87 of the Laws of Zambia (PC) is the primary Act that codifies crimes and provides for their corresponding penalties in Zambia. The primary Act that prescribes the process to be followed during the course of criminal proceedings- the arrest, trial and sentencing of a person who has been accused of having committed a crime is The Criminal Procedure Code Act Chapter 88 of the Laws of Zambia (CPC).
The PC was enacted in 1931, replacing the English common law that had been in force up to that time. The CPC was then enacted in 1933 to facilitate the application of the PC.
The PC and the CPC have never been comprehensively reviewed since they were enacted. The PC has been amended a number of times including by the Penal Code (amendment) Act no. 20 of 2000 which provided for forfeiture for certain offences; the Penal Code (amendment) Act No. 15 of 2005 which introduced among others, the offence of sexual harassment on a child; and the Penal Code (amendment) Act No. 17 of 2007 which introduced a new part on Vandalism to Public and Private Property.
The CPC has been amended several times, including by the Criminal Procedure Code Act No. 5 of 1997 which provided that fines paid under the Roads and Road Traffic Act would be paid into the general revenues of the Republic; the Criminal Procedure Code (Amendment) Act No. 13 of 2000 which empowered the court to make a community service order; and by Criminal Procedure Code Act No. 9 of 2005 which made a subsequent offence of motor vehicle theft non bailable.
Besides the PC and CPC, there other Acts focused on particular areas of the law that codify criminal offences and provide for their penalties and criminal procedure. These specialised Acts address, among things, offences and penalties relating to money laundering; motor vehicle use; terrorism financing and proliferation activities; state security; corruption; public gatherings; tax; marriage; environmental protection; electronic communications and transactions; trafficking and use of narcotic and psychotropic substances; and mining and exploration.
On the instruction of the Minister of Justice, the ZLDC is undertaking a project to review the PC, CPC and related legislation. This review was prompted by an outcry from stakeholders in the criminal justice system who observed the following issues:
1. Archaic provisions
The PC and the CPC have never been comprehensively reviewed since they were enacted in 1930 and 1933 respectively. As a result, the Acts have archaic provisions that do not reflect contemporary times.
1. Duplicity
Over the years, numerous laws that contain criminal offences and penalties have been enacted without harmonising the same with the Penal Code Act. This has resulted in duplicity of offences; contradictory provisions, procedures and penalties for offences and varying treatment for persons in conflict with the law.
1. Colonial legacy
The PC and the CPC were enacted by the colonial government. Stakeholders therefore, felt that so many years after independence, there was need for the country to enact a law that is born out of, and reflective of the social and political values of the Zambian people.
1. Lacunae in the law
Stakeholders observed gaps in the two Acts, and stressed the need to introduce appropriate provision to address the said gaps.
FORMAT AND GUIDELINES ON MAKING SUBMISSIONS
Format of the written submissions to the ZLDC review of the PC and CPC Acts should be;
• In not more than 4500 words;
• In English;
• In Word format;
• Indicate the name of the submitting entity; and
• Indicate areas that need review with a short explanation.
NOTE: Kindly be advised that the Commission will not accept submissions that are written in insulting language or which have false and unverified information.
Please send your written submissions electronically to: info@zldc.org.zm and copy Research@zambialawdevelopment.org, indicating in the subject line “CALL FOR WRITTEN SUBMISSIONS ON THE REVIEW OF PC AND CPC”, not later than 20th February, 2021.
Alternatively , you may send your submissions to;
The Director
Zambia Law Development Commission
P.O Box 34670, Lusaka, Zambia.
Plot No. 24F
Cheetah Road
Kabulonga
Lusaka
QUESTIONS
For enquiries, kindly contact Lina Jere (0976588819) Zindaba Lwara (0977625250)