Lusaka-based legal practitioner George Nkhuwa has expressed serious concern over the newly enacted Criminal Procedure Code (Amendment) Act No. 4 of 2026, describing it as a “dangerous piece of legislation” that could have far-reaching consequences on Zambia’s justice system.
In a detailed write-up, Nkhuwa argued that the amendment, which among other provisions makes rape a non-bailable offence, may weaken key constitutional protections, particularly the principle of presumption of innocence as provided under Article 18(2)(a) of the Zambian Constitution.
Bail Is a Safeguard, Not Punishment – Nkhuwa
Nkhuwa explained that bail has historically been a procedural safeguard designed to allow accused persons to remain free while awaiting trial, as long as they comply with conditions imposed by the court.
However, he warned that the new law removes the court’s ability to exercise discretion in determining whether an accused person qualifies for bail.
He stated that by limiting judicial discretion, the amendment risks turning bail into a form of punishment even before guilt is established.
Fear of Abuse Through False Allegations
Nkhuwa cautioned that the new legal framework could potentially be abused, noting that false allegations may be used maliciously to settle personal disputes.
He gave an example of how an individual could be detained for long periods — possibly one to two years — as trial proceedings drag on, only to later be acquitted due to lack of evidence.
According to him, such a situation would amount to punishment without conviction.
“This would turn bail into a weapon rather than a legal safeguard,” he warned.
Supreme Court Previously Recognised Risk of False Accusations
Nkhuwa further supported his concerns by referencing the Supreme Court case of Katebe v The People (1975) Z.R. 13 (S.C.), which acknowledged the dangers associated with false accusations in sexual offence cases.
The case established a cautionary rule requiring corroboration of a complainant’s testimony in rape cases, unless strong reasons exist to proceed without such supporting evidence.
“Progressive Intentions, But Dangerous Risks”
While acknowledging that the amendment may have been introduced with progressive intentions aimed at protecting victims of sexual violence, Nkhuwa said the law carries inherent risks that could result in innocent individuals being unjustly deprived of their liberty.
He stressed that the justice system must remain balanced, ensuring that while victims are protected, constitutional safeguards are not weakened in the process.
Nkhuwa concluded by warning that the danger of false implication remains a persistent reality, and under the current framework, it may only be a matter of time before innocent people begin suffering the consequences of the new law.
