14/04/2026
The Criminal Procedure Code (Amendment) Act No. 4 of 2026 - The Story Shift of Non - Bailable Offences.
By:
William Ngulube
Introduction
Riding on the Constitutional provision of Article 18 (2) (a) every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty. On this basis the Criminal Procedure Code Act Chapter 88 of the Laws of Zambia has provided via section 123 (1) that when any person is arrested or detained, or appears before or is brought before a Subordinate Court, the High Court or Supreme Court may, at any time while he is in custody, or at any stage of the proceedings before such Court, be admitted to bail upon providing a surety or sureties sufficient, or released upon his own recognizance.
Latest amendment
The constraint to bail before the new amendment was only applicable to murder, treason, misprision of treason or treason-felony or aggravated robbery and stock theft, if the person has preciously been convicted of the offence of stock theft. However, and perhaps taking into consideration the prevalent offences, Parliament saw it fit to include among the non - bailable offences by amending section 123 (1) of the principal Act and adding the following:
1. Stock theft (from the instance the offence is now non-bailable);
2. Defilement;
3. R**e;
4. In**st;
5. Stealing of -
I. Medicine, allied substances, or medical supplies;
II. Coltan, copper, diamond, or gold;
III. A railway;
IV. Traffic signs;
V. Navigation signs; and
VI. An aircraft
However, it is worth noting that Article 13 (3) of the Constitution still takes precedent where constitutional bail is concerned. The article generally provides that a person arrested or detained on a court order or on suspicion of committing an offence shall be tried within a reasonable time. The application of this provision is that such person has not been tried within reasonable time and has not been released on bail, despite limitations in section
