15/04/2026
STATEMENT ON THE CRIMINAL PROCEDURE CODE (AMENDMENT) ACT, 2026 AND ITS IMPLICATIONS ON SEXUAL OFFENCES
Young People for Positive Change Zambia (YPFPC Zambia) wishes to address the ongoing public debate surrounding the Criminal Procedure Code (Amendment) Act, 2026, particularly the inclusion of certain sexual offences among offences treated under stricter procedural provisions of the law.
As an organisation whose thematic work includes human and child rights protection, Young People for Positive Change Zambia has consistently been at the forefront of advocacy against sexual abuse and exploitation, particularly offences affecting children. Over the years, our organisation has been given numerous platforms within communities, schools, churches, and civic spaces where we have actively spoken against defilement and other forms of sexual violence, emphasising the need to protect vulnerable members of society.
We therefore wish to state from the outset that we fully recognise the devastating impact that sexual offences have on victims, families, and communities. Offences such as r**e, defilement, and in**st are grave violations of human dignity and must be treated with the seriousness they deserve. Strengthening legal frameworks aimed at protecting victims and ensuring accountability for perpetrators is therefore a matter that deserves strong public support.
However, as an organisation committed to human rights, justice, and the rule of law, we also acknowledge the concerns that have been raised by various legal scholars, practitioners, and members of the public regarding certain implications of the amendment.
One of the key concerns relates to the potential tension between the amendment and the fundamental legal principle of the Presumption of Innocence, which guarantees that every person accused of an offence is considered innocent until proven guilty by a competent court of law. Questions have been raised as to whether the strict procedural treatment of some offences could lead to situations where individuals remain in detention for extended periods before their cases are concluded, especially within a justice system that sometimes experiences delays.
While many complaints of sexual offences are genuine and deserve justice, it is also unfortunately true that there are instances where unscrupulous individuals may attempt to misuse the law to settle personal scores. In such situations, false or malicious accusations may result in innocent people facing immediate detention, loss of employment, damage to reputation, and emotional distress before the truth is eventually established in court.
This concern has historically been recognised within the justice system, as reflected in jurisprudence such as Katebe v The People (1975) Z.R. 13 (S.C.), where the courts acknowledged the potential danger of false implication in sexual offence cases and emphasised the need for careful judicial consideration.
Young People for Positive Change Zambia therefore believes that addressing sexual violence and protecting victims must go hand in hand with safeguarding the constitutional rights of accused persons. A justice system that protects victims while ensuring fairness and due process strengthens public confidence and preserves the integrity of the rule of law.
In light of the concerns raised, our organisation strongly calls for thorough, professional, and impartial investigations before individuals are formally charged and cases proceed to trial. Ensuring that allegations are carefully examined at the investigative stage will help prevent misuse of the law while also ensuring that genuine victims receive justice.
Our Calls
Young People for Positive Change Zambia therefore calls for the following measures:
(i) Strengthening investigative processes to ensure that allegations of sexual offences are thoroughly and professionally investigated before cases proceed to trial.
(ii) Consideration of fast-track court processes for sexual offence cases so that matters are concluded within a reasonable timeframe, thereby protecting both victims and accused persons from prolonged uncertainty.
(iii) Public education and awareness on sexual offences, consent, and responsible reporting in order to prevent abuse of the justice system while encouraging genuine victims to come forward.
(iv) Strong penalties for malicious or false accusations where it is proven that individuals deliberately misuse the justice system to settle personal scores.
Young People for Positive Change Zambia firmly believes that Zambia must continue strengthening its response to sexual violence while ensuring that the justice system remains fair, balanced, and guided by constitutional principles.
Protecting victims and protecting justice are not opposing goals; they are complementary pillars of a democratic and rights-respecting society.
We therefore encourage continued dialogue among lawmakers, legal practitioners, civil society organisations, and members of the public to ensure that the implementation of this legislation achieves its intended objective of protecting society while upholding justice for all.
Issued by:
Albert Chileya
Executive Director
Young People for Positive Change Zambia (YPFPC Zambia)
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