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Hichilema officially abolished the death penalty after assenting to Penal Code Amendment Bill number 25 of 2022, which repealed all provisions in the penal code act that provided for the mandatory death sentence in the absence of extenuating circumstances.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
Comrade Haimbe I need to know what you smoke the best you can do is to shut up
In any discussion or any phone-in programs PF is mentioned. Icibanda can green still haunting you.
You will be judged by your works and not talking about PF.
Before you have even solved the electricity problem you bring in another subject?
Party of all talk no action…. these guys are serious Jokers….SELF PRAISE WITH NOTHING TO SHOW FOR IS NOW THE ORDER OF THE DAY….to be honest these guys have done completely nothing since being voted in office…the only thing they have achieved so far is Kawana buying at US$60 000 Toyota Hilux for his wife and Mutinta Hichilema flying to Dubai in a Presidential jet and giving away all Zambians natural resources in exchange for more Kaloba from IMF and Bankrupting ZESCO
Ba LT is blocking many posts this year
“….criminal defamation of the President law was used to abuse the rights of citizens by the previous regimes” Why do politicians love to lie? Is it in the blood?
I wont advise any of the youth to join politics because that is destroying their dignity. The cases below are not from previous regimes:
1 A DRIVER at Evelyn Hone College has been sentenced to one year imprisonment by the Lusaka Magistrates’ Court for alleging that President Hakainde Hichilema is a disbeliever in Christ. Andsen Zulu, 46, who was facing a charge of defamation of the President failed to prove that the Head of State is atheistic and admitted bringing his name into ridicule.
3 Two men of Chienge district in Luapula Province were on June 24th 2022, sentenced to 24 months imprisonment with hard labour for defamation of President Hakainde Hichilema. The duo were facing one count of defamation of the president contrary to section 69 of the Penal Code Chapter 87 of the Law.
4 Opposition PF Member of the Central Committee Raphael Nakachinda, 43, has been charged and arrested for two offences of defamation of the President Contrary to Section 69 of the Penal Code.
5 BBC-A Zambian woman is in court for defamation of president Hakainde Hichilema after she accused him of involvement in dark rituals. The 24 year-old faces a three year jail term.
6 In August, Benson Tembo, a man of God in Chipata, was sent to 15 months imprisonment for calling Hichilema a satanist.
Contd
Mr Haimbe and your fellow liars, there are more victims of Hakainde’s wrath. Like Lawrence Bwalya Muchinda, Sean Tembo, etc
For you to regain a modicum of our faith, can they all be released and compensated?
Contd.
LT has blocked progressive criticism of this minister’s fake comments. To post I had to change my pen name and to break my retort into small parts as above. I say goodbye to LT. I will seek more progressive sites
‘For the Cyber Security Act, I would say it is “in court” because Chapter One Foundation sued the State,’
This was a cope out by the minister. A law can be repealed even if it is in court. He has just talked about separation of powers but he is failing to separate the making of laws from the interpretation of them. Haimbe is a good man. He should also decriminalise prostitution.