Repealing penal and criminal code only way to end prison congestion

THE existing penal and criminal procedure codes are the major contributing factors to the current congestion we have in the correctional facilities, Prisons Care and Counselling Association executive director, Godfrey Malembela, has said.

Dr. Malembeka said the archaic laws which have not been reviewed since being enacted in 1931 and 1934 respectively have contributed to the backlog of pending cases awaiting trial which has greatly contributed to congestion in correctional facilities.

He said in an interview that the two ancient pieces of law should be repealed and replaced as soon as possible because they were outdated and not applicable in a democratic state.

Dr. Malembeka said the government should take advantage of the expected constitution review process to get rid of the outdated laws to promote rule of law and uphold the rights of Zambians.

“These two pieces of laws are a contributing factor to the current congestion we have not only in correctional centres but also in police cells and the backlog of pending cases,” he said.

Dr. Malembeka said certain outdated laws such as vagabond and insulting the queen when Zambian has no queen should be removed because they were not applicable in a democratic state.

He said now was the right time for the government to repeal the colonial penal code and criminal procedure code because countries that gave birth to them have completely abandoned them.

“Our brothers and sisters who left those two pieces law went further to review, repeal and replace, that is what they did and we should do the same,” he said.