Repeal all criminal offences

All criminal offences with the exception of regulatory offences should be repealed from specialized Acts and incorporated into the penal code, the Zambia Law Development Commission has recommended.

The commission and technical team committee on the review of the Penal Code have recommended the repeal and replacement of the penal code and Criminal Procedure Act.

Committee chairperson Justice Chalwe Muchenga said once the two statues are repealed and replaced with the draft bills and other progressive provisions, the dispensation of justice would improve.

They were speaking at the Zambia Law Development Commission‘s handover ceremony of the project report and draft bills on review of the Penal Code Act yesterday.

The review of the penal code criminal procedures was prompted by concerns from stakeholders in the criminal justice system who observed that offences had been duplicated in different acts with conflicting penalties among others.

And Justice Minister Mulambo Haimbe has said the completion and subsequent submission of the Bills and project report was a great mile stone in the development of law and order.

Mr Haimbe said the move was demonstration of government’s determination to ensure that Zambia has a functioning criminal system.

Mr Haimbe said his ministry would expedite remaining internal legislative processes so as to have the penal code and criminal procedure code repealed and replaced at the earliest possible time.

He observed that over the years numerous laws containing criminal offences and penalties have been enacted, however they were not harmonized with the Penal Code Act.

Mr Haimbe noted that the status quo was seen not to be desirable in a criminal justice system that aspires to promote uniformity and certainty of laws as it resulted un duplicity of offences, contradictory provisions and procedures as we as conflicting penalties.

He disclosed that government wants to ensure the nation has an appropriate legislative framework, stating that the review of the two pieces of legislation and allied legislation was a great necessity to government and the country at large.