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Mr. Dickson Jere: Picture by ZLDC
By Dickson Jere
Bigamy - is an offence which involves marrying another person while you are already in another marriage. You get jailed in Zambia! But under the proposed new Penal Code, that law will be abolished and instead the aggrieved parties should seek civil remedies. Equally, the offence of “fraudulent pretense of marriage” will be removed from our laws.
“No adult can reasonably be duped into marriage,” read the Report that proposes far reaching changes to the Zambian criminal justice system.
I was honored to chair a session on the official presentation of the proposed new Penal Code and Criminal Procedure Code (CPC) amendment Bills. The process of amending the two laws - by the Zambia Law Development Commission- started in 2011 and finally the final product has been presented to the Minister of Justice.
It is a comprehensive review of the current law. The proposals tries to codify all criminal law provisions in Zambia into one Penal Code. In short, all offenses will now be in one book unlike now where they are scattered in different laws such as ACC, ZICTA, DEC etc. This is a good move and will make the practice of criminal law easier.
The review team was steered by criminal law expert, former DPP and now Court of Appeal deputy President Judge Chalwe Mchenga.
Let us take snippets of the proposed new law.
The team has recommended for the removal of the controversial law on the defamation of the President saying it is archaic and undemocratic.
“The President enjoys Presidential immunity; hence the provision should be repealed and should be regarded as a civil matter,” the Report read.
The committee also recommended the removal of the law that criminalizes the defamation of foreign princess in Zambia. Imagine being jailed in Zambia for insulting Prince Charles!
“Not reasonably justified in a democratic society and its archaic,” the Report said.
The team has also proposed the repeal of laws relating to seditious practices, prohibited publications and insulting the national anthem.
“It contradicts the freedom conscience and freedom of expression,” the Report said.
Further, the team proposed to remove the death penalty and replaced it with life imprisonment in line with international standards.
“Death penalty should be abolished and replaced with life imprisonment,” the Report read.
Abortion and procuring abortion should also be declassified from a felony or serious offence to mere misdemeanor. The team argues that abortion is not a very serious offence to have harsh penalties - a controversial decision among the christian faith.
“Offence not grievous,” the team said.
The criminal liability of children is proposed to be hiked to 14 years. Court should also be allowed to take evidence via viedoelink where possible.
The team must be commended for the well researched and job well done. It is now up to the Members of Parliament to study, debate and possibly pass the new Penal Code of Zambia and the CPC.