By Dickson Jere
Remember that boy from Petauke who murdered a woman and stole her ZMW 300? He was arrested, charged with murder and aggravated robbery. He was later tried and convicted on both offences by the High Court. However, the Judge found himself in limbo when sentencing him. The law – Children’s Code Act – proscribes sending to jail of children below the age of 18 years. And the law also proscribes the sending of young person above 19 years to the reformatory school.
So, the Judge was left with no option but to send the young murderer home. This is on account that the new law does not allow jailing children below the age or 18 years.
Following the outcry in the country, including in Parliament, over the decision to release the youngster, the State appealed against the sentence in the Court of Appeal. It argued that the law still has options for jailing children.
A three man panel of Judges heard the appeal and agreed with the High Court saying the newly enacted Children Code Act does not provide for imprisonment of young offenders.
“It is also apparent that the Code, has, in some instances, made the sentencing of delinquent children and young persons, a nightmare,” the Judges said.
“This case is a clear expose of the problem,” the Court noted and recommended that Parliament should relook mat this legislation.
The killer was given one year probation order to be at home but not to commend any similar offence during that period.
The State applied for Leave to appeal against this Judgment to the Supreme Court arguing that both the High Court and Court of Appeal misinterpreted the law and that children can still be jailed.
The Court of Appeal has granted the DPP permission to take the matter to the highest Court in Zambia. The court said the matter is on a point of law of public importance.
“The thrust of the motion is that the intended appeal interrogates the sentencing options, under the Children’s Code Act, on a child who commits a criminal offence,” the Judges said and granted the permission.
It will be interesting to see how the Supreme Court will determine this matter and whether this boy should indeed be taken to jail or not.
The appeal citation is DPP v Phiri – Application SP 31/2024 and Ruling delivered last week on 5th June, 2025.
Lecture Notes;
1. What is clear is that the Children’s Code Act does not expressly provide for the imprisonment of children. This what both the High Court and Court of Appeal declined to jail the boy as he was under 18 years. However, the State argues that the same law does not also prohibit imprisonment. We will wait and see how the Supreme Court will interpret this law.