Authors

Prof. Munyonzwe Hamalengwa (Author)

Roy Chafwakale

Keywords

Abstract

This article critically analyses the Criminal Procedure Code (Amendment) Bill (No. 29 of 2025), focusing on its potential impact on Zambia’s criminal justice system, particularly the presumption of innocence. The Bill proposes non-bailability for serious offenses like defilement, rape, stock theft, and theft of critical infrastructure, raising concerns about compliance with international human rights standards. Through comparative legal analysis, the article examines similar provisions in other jurisdictions, highlighting their effects on due process and fundamental rights. It argues that while the Bill aims to deter crime, it risks infringing on the right to a fair trial and presumption of innocence due to the lack of safeguards for pre-trial detention. The article concludes with recommendations for judicial oversight and reforms to balance crime prevention with individual rights protection.