LAZ Opposes New Law Expanding Non-Bailable Offences, Warns of Constitutional and Human Rights Risks
The Law Association of Zambia (LAZ) has raised strong objections to the recently enacted Criminal Procedure Code (Amendment) Act No. 4 of 2026, which expands the scope of non-bailable offences and removes judicial discretion in granting bail for certain categories of cases.
In a statement issued by LAZ President Mr Arnold Kaluba, the Association said it had previously submitted detailed concerns to Parliamentary Committees and the National Assembly during the legislative process, but those views were not taken into account before the Bill was enacted.
Mr Kaluba warned that the new law introduces automatic pre-trial detention for a wide range of offences, regardless of individual case circumstances, the strength of evidence, or assessed risk factors. The Association described this as a significant departure from established principles of criminal justice.
According to him, the Act is incompatible with Article 18 of the Constitution of Zambia, which guarantees the right to a fair hearing and upholds the presumption of innocence. Mr Kaluba further argued that pre-trial detention should remain an exception determined by the courts, not a blanket statutory requirement.
The legal body also raised concerns that the legislation undermines judicial independence as provided under Articles 119 and 122 of the Constitution by limiting courts’ discretion in bail decisions.
Mr Kaluba added that the Act may conflict with Zambia’s international obligations, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, both of which emphasise the presumption of innocence and favour pre-trial release.
He further cautioned that the expansion of non-bailable offences could worsen overcrowding in correctional facilities, where a large proportion of inmates are already in pre-trial detention.
He warned that the law may place additional pressure on an already strained penal system and increase the risk of prolonged detention without conviction.
The Association also expressed concern that removing judicial discretion could open the door to potential abuse of the criminal justice system, including the use of detention in cases where trials are delayed.
In light of these concerns, Mr Kaluba has called on Government to urgently reconsider and repeal the Act, and to introduce reforms that uphold constitutional protections, preserve judicial independence and reinforce the principle that an accused person is presumed innocent until proven guilty.
He reiterated the Association’s readiness to engage constructively with Government and other stakeholders in strengthening Zambia’s criminal justice system in line with constitutionalism and human rights standards.
