Council of Churches in Zambia warns against abuse of non-bailable sexual offences law as debate intensifies

The Council of Churches in Zambia (CCZ) has urged members of the public not to misuse the amendment to the Criminal Procedure Code No. 4 of 2026, which renders sexual offences such as defilement, rape, and incest non-bailable, as a tool for settling personal disputes through false accusations.

CCZ General Secretary, Father James Phiri, emphasized that the legislation must serve its intended purpose of protecting victims and ensuring that perpetrators of sexual offences are held fully accountable.

In a statement issued in Lusaka on Sunday, Phiri also called for urgent action by law enforcement agencies and the justice system to strengthen their capacity in the investigation and prosecution of such cases.

“It is critical for cases to be handled with professionalism, with thorough collection and presentation of evidence to ensure that justice is served beyond reasonable doubt,” he said.

Phiri, however, welcomed and commended the progressive amendment to the Criminal Procedure Code No. 4 of 2026, describing it as a product of collective efforts among civil society organisations aimed at strengthening the justice system and deterring would-be offenders from exploiting vulnerable individuals.

“The amendment reflects a firm commitment to upholding the dignity and protection of all citizens, particularly women and children,” he said.

Meanwhile, the Christian Coalition has urged government to reconsider the law and make sexual offences bailable again.

Read More: Group calls for expansion of fast-track GBV courts after sexual offences declared non-bailable

Christian Coalition president, Clergy Chombela, said the law should be revisited because it could be abused by individuals seeking to settle personal scores.

“We urge government to revisit this law as people would begin taking advantage and start settling personal scores. We appeal to the drafters to consider revising this law,” Chombela said.

He also accused Members of Parliament of not doing enough, adding that there needed to be more debate before arriving at the final decision — sentiments echoed by the coalition’s consultant, Prof. Charles Mwape.

The Criminal Procedure Code (Amendment) Act No. 4 of 2026 recently came into force, making rape, defilement, and incest non-bailable offences.

Under the Act, anyone arrested for such offences will be remanded in custody until trial, with no provision for police bond or court bail while awaiting trial.

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