Law Association of Zambia calls for repeal of law expanding non-bailable offences

The Law Association of Zambia (LAZ) has urged the government to urgently repeal the Criminal Procedure Code (Amendment) Act No. 4 of 2026, warning that the new law violates constitutional principles and undermines human rights protections by expanding the list of non-bailable offences.

LAZ president, Arnold Kaluba, said the Association was deeply concerned with the enactment of the law, which he argued fundamentally altered Zambia’s criminal justice system by removing judicial discretion and mandating automatic pre-trial detention for broad categories of offences.

In a statement issued in Lusaka on Tuesday, Kaluba noted that LAZ had made comprehensive submissions to the Parliamentary Committee on Legal Affairs, Human Rights and Governance during the legislative process, raising “serious constitutional and human rights concerns.”

However, he said these concerns were not addressed before the Bill was passed.

“The Act removes judicial discretion in respect of entire categories of offences and mandates automatic pre-trial detention, irrespective of the individual circumstances of the accused person, the evidentiary strength of the prosecution’s case, or the risk profile presented,” Kaluba said.

He stressed that the provisions are incompatible with Article 18 of the Constitution, which guarantees the presumption of innocence and the right to a fair hearing.

“By effectively removing judicial discretion, the Act encroaches upon the constitutional mandate of the Judiciary as provided under Articles 119 and 122, thereby undermining the doctrine of separation of powers,” he added.

Kaluba also said the law was inconsistent with Zambia’s obligations under international human rights treaties, including Article 9(3) of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples’ Rights, both of which establish a presumption in favour of pre-trial release.

He further warned that Zambia’s overcrowded correctional facilities—already operating far beyond capacity—would be placed under even greater pressure, given that a significant proportion of inmates are pre-trial detainees.

“The expansion of non-bailable offences is likely to worsen congestion and strain an already overburdened system,” he said.

Kaluba called on the government to instead pursue reforms that strengthen a fair and constitutionally compliant bail framework grounded in the principle that every accused person is presumed innocent until proven guilty.

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