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LCK Freedom Foundation Limited has petitioned the Lusaka High Court, challenging the constitutionality of provisions in Zambia’s criminal procedure law that bar courts from granting bail for certain offences.
Filed under the High Court (Protection of Fundamental Rights and Freedoms of the Individual) Procedure Rules, Statutory Instrument No. 156 of 1969, and Articles 18 and 23 of the Constitution, the petition targets Section 123 of the Criminal Procedure Code, Cap 88, as amended by the Criminal Procedure Code (Amendment) Act No. 4 of 2026.
The organisation argues that the provision—which creates, extends or entrenches non-bailable offences—is inconsistent with the Constitution and should be declared null and void to the extent of that inconsistency.
In its submissions, LCK says the case raises fundamental constitutional issues related to the right to liberty, the presumption of innocence, the right to a fair hearing and principles of natural justice, which it says are guaranteed under the Constitution and form the cornerstone of the rule of law.
The group contends that the categorical denial of bail, without giving courts discretion to assess the circumstances of an accused person, amounts to an unjustifiable breach of Article 18. It further argues that the provision undermines the presumption of innocence by effectively treating accused persons as though already convicted.
“By imposing an absolute bar on bail based solely on the nature of the charge, the law pre-determines detention without affording the accused an opportunity to be heard,” the petition states.
LCK submits that non-bailable offences also violate natural justice by predetermining custody without judicial inquiry, creating what it describes as institutional bias against accused persons by assuming—without evidence—that they are unfit for release.
The petition cites international jurisprudence, including the United Nations Human Rights Committee’s General Comment No. 35 on Article 9 of the International Covenant on Civil and Political Rights, which states that pretrial detention should be exceptional and assessed on a case-by-case basis.
Among the reliefs sought, the organisation is asking the court to declare Section 123 unconstitutional to the extent that it prohibits judicial consideration of bail. It also seeks a declaration affirming that every accused person has the right to apply for bail and that such applications must be determined individually by a competent court.
LCK further seeks an order to “read down” the disputed provisions to preserve the offences while restoring judicial discretion on bail, or alternatively, to strike down the provisions entirely where they eliminate such discretion.
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