An Assistant Commissioner of Police in the Zambia Police Service says the 15 years minimum sentence for indecent assault is too harsh for a mere touch.
James Masiye has submitted to the Legal and Justice Sector Reforms Commission sitting in Matero township in Lusaka today that the Police Service also has trouble to justify what characterizes defamation of the Republican President because the offence has no proper definition.
But Commissioner Emily Sikazwe who is also Women for Change Executive Director defended the minimum sentence of 15 years for indecent assault saying the law was fair as most women did not like to be touched unnecessarily.
Meanwhile, Assistant Commissioner Masiye has defended the failure by officers to enforce some laws saying this was due to inadequate consultation when they are being formulated.
Mr. Masiye told the Commission that some controversial laws such as the Public Order Act has dragged the name of the police service into disrepute because officers have no option but to enforce it even if they know that it was not for the good for the citizens.
Mr Masiye submitted that Police Officers have been accused of abrogating laws in their discharge of duties because they are not consulted enough when laws are being formulated and end up making mistakes when implementing them.
He also disclosed that the Public Order Act has put the police service in ridicule as it is too unspecified and can easily be abused by officers depending on the application.
But Commission Chairperson Frederick Chomba wondered why the police service had continued to abuse the law when the Constitution was clear that people do not need a permit to convene a meeting but to merely inform the police.
Justice Chomba observed that the police were enforcing colonial laws that were revised a long time ago where citizens were compelled to seek police permits before holding meetings which he said is no longer the case.
However, Assistant Commissioner Masiye disclosed that in most cases police officers who are the implementers of the law are left out or given little time to make submissions to draft bills hence they face problems to implement certain laws because they have little understanding.
He cited the amendment of the penal code on indecent assault which carries a minimum of 15 years and the defamation of the president as some of the laws where the police service was not adequately consulted.
He said some cases such as those involving child marriages, deforestation and being found in possession of ivory carries harsh sentences which might send all the boys and villagers to prisons if not revised.
And Mr. Masiye recommended that the position of Inspector General of Police should have certain qualifications and tenure of officer so that office holders could be objective when dealing with citizens.
He also stated that the Police Service is losing too much human resource due to early retirement of provincial commanders after the change of government and recommended they should not be appointed and sworn in by the Head of State in order to avoid the tendency of retiring young officers.
The truth and reality is that only sadists join the Police Force (it is not a service, for crying out loud!). They enjoy catching out other people and extorting money under the threat of these harsh penalties. They get a thrill from setting up speed traps, throwing road blocks and looking out for traffic sign jumpers and phone users. Like all things western, policing has been distorted and vandalised to suit the monster of personal greed and power.
The whole judicial justice is out dated. Draconian and colonial laws should be overhauled full stop!
m2020 you seem to have misunderstood the Police Commissioner’s submission; he means well. Read the statement again. Also, if you obey the laws you won’t find yourself at the mercy of anybody.
Those are sex offences and the 15 years is fine. We have a lot of perverts in Zambia.
lekeni uku tonya!!
Are these commissioners receiving submissions or have already something in mind if what Sikazwe is saying is correctly reported. If so, then she needs tobe removed from the commission.
Commissioners on Justice and legal reforms should be receiving submissions and not fighting the submissions. They should know that they are not seating as a court or tribunal. Good and bad submissions should be taken and deal with everything at the end. Don’t challenge the submissions that’s you job and don’t make rulings as if u are a court. You are being told what is causing problems the Police Commissioner has submitted important things
@D
I agree entirely with your view. Commissioners are supposed to receive the submissions and make recommendations based on these submissions, not to ‘defend’ their personal positions or opinions.
A touch equal to 15 years?Wow!What if it was not intentional and then the women maintains it was?You want to send productive people behind bars for 15 years at the expense of the tax payers?
Emily Sikazwe do you know that crime in the USA has remained high inspite of the harsh and at times cruel sentences?
Do you want to fill prisons with young men who can be reformed by other means?
Are you married by the way?If you are ,May your husband one day end up behind bars for 15 years!
The problem with most people is that they look at these issues in abstract.If Sikazwe was asked if her son say in a drunken stupor groped a woman and was arrested and ended up spending 15 years in jail would she take the same stance?
We now need laws to protect the boy child and men in general!
These single women are up to no good!
No wonder some of them are single because they don’t want to be touched and appreciated! They are ok with spiritual husbands maybe.
Mrs Emily Sikaswe, please try to be reasonable and objective in your submission or comments. Yes, indecent assort is totally wrong and should be punishable, but the kind of punishment you are suggesting is unreasonable. There are a lot of factors to consider when it comes meting out punishment. You do not seem to know what you are talking about, madam.
I meant , “assault”, not assort!! Bear with me
Emily is not objective and one day she will pay for her insensitivity. She has personal hatred towards men and if it was within her own power she wld have sent all the men to jail. She is a bitter woman
@Andy
Would you know if she is married? She sounds very hurt and bitter to me! Whoever it is or whatever it is must have hurt her badly!
I agree. Most of these women in NGOs are divorced and have a bitterness against all men. Yet when a man cuts a man’s organ because he didn’t want to sleep with her, they don’t comment.
She earns a living by speaking out against boys and men on anything, genuin or imaginery. Her children are studying abroad (Cuba) because of donor funds she receives for always yapping against men. She keeps quiet when a woman chops of a man’s dick, pretending she hasn’t read or head about it.
Commissioner Sikazwe seems to suggest that only women are indecently assaulted. This is myopic. Even men are, only that most of them brush it aside and take it as an everyday community tort which can be ignored.
Thats the problem with women, sometimes they think from their bad hearts and heads. As a commissioner i thought your job is accept what people are propssing and not defending, then its as well as you making everything. Disgusting anyway, then why would i submit somethingvto such people
Meant not head.
@D I totally agree with your observation-the way in which the commissioners are receiving the submissions is very discouraging indeed. Shooting down the suggestions out right. They are defeating the whole point.
Emily Sikazwe ALWAYS defends things without merit, we have slowly started losing confidence in her analysis. punishment should be equated with the offence that is the meaning of justice. how could a mare touch attract 15 years imprisonment?
Emily Sikazwe look at things in a broader perspective.Remember this is africa.There are women who are grabbing other people s marriages so as men who are only charged K15,000.00 payable in equall instalments of K1,000.00 per month.What is more painful to touch some body or to grab some one his wife or husband.Of the two which one is biblical.Reason emily
I only blame the so called men who sit & listen 2 such rubish…the point z through the entire country or world shldnt suffer bcoz of the disappointments these women…life my dear znt fair to both men & women u jst make the best of whatever is remained…wait 4 a president like…
There are a lot of laws that need revision and this is certainly one of them. We need to redefine terms like “indecent” and “assault” more clearly than is the case now. Add to that the fact that there are already too many obsolete statutes on the books. Look at how ridiculous Zambia Police look when you show them factory-fitted reflectors on cars. I was once a victim of aggression for proving one policeman dumb and despite the fact that he released me he was angry that I was ‘challenging’ the Zambian laws!!
@kalok – that issue of factory fitted reflectors, we need 2 challenge the incorrigible traffic cops. Its only in Zambia were those are not recognized and I don’t know Y.
kabili most of the cops haven’t gone beyond grade 12!!
And Tanzanian cops are also foolish.
Woe to she who makes evil law against the innocent man that he goes beyond bars. I believe God is seeing those who are law makers but do not follow them.
We should introduce proper learning facilities for the police officers or those who aspire to be in the service. It is very hard to implement the law which you have not been taught and you hardly understand. Many of our officers find themselves into trouble because they themselves do not understand the law they try to reinforce on the general public. Masiye is talking sense and madam Sikazwe should also realize that these same cases apply to both genders and hence to find better means of correcting them for the benefit of the country.
…ofcourse indecent assault must not be condoned…..the officer was just trying to reason with the rationale for a minimum of 15years for a ‘touch’. He did not mean that the offender should go scot-free. 99.99% of such cases are committed by boys/men. While we have to do everything to protect a girl child, we must not overlook the welfare of a boy child. Emily will never be a man. She just wants to portray as though she cares a lot about women welfare to win women support….
15 years for a touch is stupid and outrageous.
emily sikazwe’s hatred towards men always suddens me. I know most men ve never fancied her coz of her outlook and this has brewed a terrible hatred for men by emily. She thinks her less enjoyment of that fruit has been caused by men. To her, a man is an eternal enemy that must be exterminated to quench her frustration of not bedding many.
indecent assault is intent to rape. For example, a man who enters a ladies bedroom gets on top but fails to penetrate will be charged with indecent assault. The other a man who injaculates at a woman in public in a conjested area. its indecent. You grab woman breasts, bums or touch thighs then indecent assault. The law was meant to punish non penetrative sex intention so that women are not. used as sex toys. So bwana commissioner its beyond touching there is always an intent of sex. I also noticed that cry for qualification of IG! is it years of experience in police or what?
We need serious debate on the passing of custodial sentences, simple theft and other minor crimes should not warrant a custodial sentence. Minors should not be imprisoned with adults under whatever circumstances. As for Indecent Assault I think the police are right in looking at reducing the years, but first the judges and magistrates should begin to throw out certain cases such as those brought to them by DEC, I’m sorry but there is no other law enforcement wing in the country that is known for entrapment (a crime in itself in most countries) this should seriously be looked at whereby someone (an officer of the law) deliberately solicits a bribe knowing the other will accept or someone deliberately entices the other to commit a crime such as buying of marijuana or other substances.