PEP leader, Tembo, seeks amendment of Anti-Terrorism law, says it’s prone to abuse by President

Patriots for Economic Progress (PEP) leader, Sean Tembo, says the Anti-Terrorism and Non-Proliferation (Amendment) Act No.6 of 2023 is too frivolous and subjective to be used as a basis for holding citizens without bail.

Tembo said the law is not only unconstitutional but is a direct threat to Zambia’s democracy, and must be challenged in the Constitutional Court at the earliest opportunity.

The PEP leader in a statement issued to Zambia Monitor in Lusaka on Saturday said it is also evident that President Hakainde Hichilema lacks a sense of justice and fair punishment.

He said instead of improving the efficiency of Zambia’s criminal justice system, especially at Subordinate Court level, so that cases can be disposed of on a timely basis, the President is instead on a drive to make as many alleged offenses non-bailable as possible.

“The enactment of laws that seek to punish accused persons before they are convicted, under the banner of “non-bailable” offenses, not only flies in the teeth of the presumption of innocence until proven guilty, but is a blatant violation of the Constitution of Zambia,” Tembo said.

He said if the country and its citizens are going to comply with the Constitution, then all crimes should be bailable.

“The right to bail should be left to the discretion of Judicial Officers who must weigh the individual circumstances of a case and determine the likelihood of an accused person to avail themselves before Court when required to do so,” Tembo said.

He said there was need to advocate for Parliament to make all offenses bailable so that the onus to give or deny bail is left in the hands of individual Judicial Officers.

“But the enactment of a non-bailable law that seeks to punish accused persons with imprisonment even when they have not been convicted of any crime, quickly erased any hopes that l had that the President was a firm believer of justice and fair punishment,” Tembo said.

He said when President Hichilema abolished the death penalty, he thought that it was based on his belief in justice and fair punishment.

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