Repeal bad laws-M’membe tells Govt

GOVERNMENT must repeal bad laws such as the Public Order Act because it punishes peaceful meetings, protests, demonstrations or rallies and other activities unlikely to be performed with criminal intent, Socialist Party president Fred M’membe has said.

Dr M’membe said the absence of criminal intent should be taken more seriously by politicians, legislators and other leaders.

He said having a law that punishes people without having intent to commit a crime no longer make sense.

“With a law like the Public Order Act which punishes you without you having intent to commit a crime on our statute books, the old adage that “ignorance of the law is no excuse” no longer makes sense.

Therefore, government should regularly repeal laws, like the Public Order Act, we no longer need. Although there are some exceptions, criminal intent or men’s rea is an essential element of most crimes.

“Under the common law, all crimes consisted of an act carried out with a guilty mind. In modern society, criminal intent can be the basis for fault, and punishment according to intent is a core premise of criminal justice, “he said.

Dr M’membe said to be charged under the Public Order Act, there has been no consideration for criminal intent.

Criminal intent is a necessary component of a “conventional” crime and involves a conscious decision on the part of one party to injure or deprive another. It is one of three categories of “men’s rea,” the basis for the establishment of guilt in a criminal case. There are multiple shades of criminal intent that may be applied in situations ranging from outright premeditation to spontaneous action.

It is possible to establish criminal intent even when a crime is not premeditated. Individuals who commit a crime spontaneously may still understand that their actions will cause harm to another party and contravene existing criminal law,”he said.