Justice Minister Mulambo Haimbe says the United Party for National Development – UPND administration has recorded milestones with regard to legal reforms.
Mr Haimbe mentioned that the abolishment of the death penalty, the removal of the criminal defamation of the President, the law relating to the management of public borrowing which is aimed at avoiding excessive borrowing like was the case previously, are some of the progressive legal reforms that the UPND administration has worked on.
He noted that as a way of enhancing the democracy in the country, the President has taken a bold decision to remove the criminal defamation of the President from the statutes, adding that criminal defamation of the President law was used to abuse the rights of citizens by the previous regimes.
The Justice Minister explained that the decision on the death penalty is final, as there is no court of jurisdiction in the country that can pronounce a death penalty on any person following its abolishment.
On 24th December, 2022, President Hakainde Hichilema officially abolished the death penalty after assenting to Penal Code Amendment Bill number 25 of 2022, which repealed all provisions in the penal code act that provided for the mandatory death sentence in the absence of extenuating circumstances.
In responding to stakeholders’ arguments that despite the repeal in the penal code, the death sentence still remains in the constitution, Mr Haimbe cited that the constitution does not provide for the execution of the death penalty but guarantees the right to life.
Speaking when he featured on Tuesday’s edition of “let people talk” programme on Phoenix FM, Mr Haimbe explained that people pushing the debate on the death penalty are missing a simple point thereby misleading the whole nation.
He said that the UPND administration has also embarked on a holistic review of the Penal Code, Chapter 87 of the Laws of Zambia and the Criminal Procedure Code, Chapter 88 of the Laws of Zambia, saying that the two pieces of legislation are archaic and need to be in tandem with modern society.
Meanwhile Mr Haimbe attributed the Economic and Financial Crimes Court delays to hear cases allocated to it to the backlog of cases and the lack of infrastructure to operate from.
“I have no say on how the judiciary determines its cases,” he said
Mr Haimbe noted that he sits on the Executive arm of government and, therefore, has nothing to do with the way the judiciary operates.
He said that the UPND administration has due regard to separation of powers in governance and will never interfere with operations of the judiciary.
“I have no say on how the judiciary determines its cases. I sit on the Executive arm of government. Please understand how the new dawn dispensation operates. We have regard for separation of powers. I cannot tell a Judge or Magistrate to decide a case in a particular manner,” he said
“If you are not satisfied with the decision that has been made by a particular Judge, you are at liberty to lodge your complaint with the Judicial Complaints Commission,” he added
And commenting on the repeal the Public Order Act and the Cyber Security Act, when it is a well known fact that President Hakainde Hichilema; while in opposition pledged to repeal the two pieces of legislation immediately after forming government, Mr Haimbe said that the UPND administration remains committed to ensuring legal reforms, and that the process to review the said laws is underway.
“When you talk about the Public Order Act, it is currently being reviewed. The Law Association of Zambia, the Human Rights Commission, Zambia Law Development Commission and other stakeholders have been deliberating on this particular legislation. For the Cyber Security Act, I would say it is “in court” because Chapter One Foundation sued the State,” he disclosed
Mr Haimbe alluded that on the electoral reforms, the UPND administration wants the Electoral Commission of Zambia – ECZ to operate independently, adding that the Commissioners at ECZ have the mandate to drive the process of electoral reforms.
“We don’t want to have fingers in many pieces of a pie, of course we don’t want electoral reforms to be done towards the 2026 General Elections,” Mr Haimbe said