Human rights lawyer Petronella Pule Kaungu and Chapter One Foundation Limited have petitioned the Lusaka High Court challenging provisions of the law that classify certain offences as non-bailable.
The petition targets Section 123 of the Criminal Procedure Code as amended by Act Number 4 of 2026 and Section 81 of the Narcotic Drugs and Psychotropic Substances Act.
The petitioners argue that the provisions violate constitutional rights, including liberty, protection of the law, and freedom of movement by automatically denying bail to accused persons without allowing courts to consider individual circumstances.
They contend that the law removes judicial discretion and undermines the presumption of innocence by keeping suspects in custody solely on the basis of the charges they face.
Among the reliefs sought, the petitioners want the High Court to declare the provisions unconstitutional, null, and void and strike them down.
They also want all pending and future bail applications for offences previously classified as non-bailable to be heard and determined on their merits by competent courts.
By Josphat Hamakala
