A constitutional lawyer, Tresford Chali, has filed a petition in the Lusaka High Court seeking relief for the court to declare the Criminal Procedure Code (Amendment) Act No. 4 of 2026 void, as it relates to the non-granting of bail for rape, defilement, and incest offences in Zambia.
Mr Chali argues that the law is inconsistent with the Constitution of Zambia and is, to the extent of that inconsistency, void.
In his petition, he has cited Attorney General Mulilo Kabesha as the respondent.
He states that Article 11 of the Constitution guarantees the right to liberty for every Zambian, and that Amendment No. 4 of 2026, by removing bail for rape, defilement, and incest offences even in cases of frivolous and vexatious allegations violates this right.
He has further submitted that Article 15 of the Constitution prohibits any person from being subjected to inhuman or degrading punishment or treatment.
He argues that the detention of individuals accused of rape, defilement, or incest, pending trial, amounts to a violation of this provision.
By Darius Choonya
