Zambia’s legal landscape has undergone a significant transformation with the recent enactment of the Criminal Procedure Code (Amendment) Act No. 4 of 2026. This amendment introduces strict new rules regarding bail eligibility, particularly for individuals charged with serious sexual offences and the theft of essential national resources. 

At Copper Rose Zambia, we believe it is essential for our community to be fully informed about how these legislative changes shape the justice system, protect survivors, and affect the rights of the accused. 

The Core Change: Non-Bailable Offences 

The most impactful provision of the 2026 Amendment is the removal of bail eligibility for specific categories of crime. Previously, courts held the discretion to grant bail based on the circumstances of each case. Now, individuals charged with the following offences (not the full list) must remain in custody until their trial is concluded: 

1. Sexual and Gender-Based Violence (SGBV): This includes Defilement, Rape, and Incest
2. Theft of Strategic or Essential Materials: This category covers the theft of national assets, such as: 

• Medicines and Medical Supplies 

• Minerals (including Copper, Gold, and Diamonds) 

• Public Infrastructure (such as road signs, traffic signals, and railway materials) 

The Policy Driving the Reform 

The Zambian government, in collaboration with stakeholders like AUDA-NEPAD and the Judiciary, has moved toward this stricter stance to address urgent national challenges: 

1. Survivor Protection: In cases of sexual violence, the automatic denial of bail is intended to protect survivors and witnesses from intimidation or interference during the investigation and trial process. 

2. Economic Security: Treating the theft of strategic materials (like medicine or copper) as non-bailable reflects their status as vital to public welfare and national economic stability. 

3. Accountability: By ensuring the accused remain in custody, the law seeks to reduce flight risks in high-stakes criminal matters. 

A Complex Balancing Act 

While the law intends to enhance public safety and accountability, it has sparked significant debate within the legal and human rights communities. Key considerations include: 

• The Presumption of Innocence: A cornerstone of our legal system is that every person is “innocent until proven guilty.” Critics may argue that mandatory pre-trial detention may inadvertently penalise individuals before a court has determined their guilt. 

• A Complex Balancing Act: Justice System Capacity: With more individuals remaining in custody, there is increased pressure on the Judiciary to process cases efficiently. Prolonged detention without a timely trial remains a concern for human rights advocates and correctional facility management. 

• Judicial Independence: The removal of judicial discretion may prevent judges from assessing individual circumstances, such as the strength of the evidence or the accused’s personal health, when deciding on bail. 

As an organisation rooted in youth empowerment and community health, CRZ recognises that legal literacy is a form of protection. Understanding these changes allows young people and community members to navigate their civic environment with confidence. 

We continue to advocate for a system that balances the scales, one that provides uncompromising protection for survivors of SGBV and the nation’s resources, while simultaneously upholding the constitutional right to a fair and timely trial for all Zambians. 

Stay Informed. Stay Engaged. How do you feel these changes will impact your community? Share your thoughts with us.