Saturday, June 15, 2024

There is nothing to reverse if PF bounces back into power, the death penalty is still on the statutes

Share

PF Chairperson for Information and Publicity Raphael Nakacinda says the claims by Justice Minister Mulambo Haimbe that should the Patriotic Front (PF) bounce back into power in 2026, there is a possibility that the death penalty law would be brought back into the Statute books, is unfounded.

Mr Nakachinda added that the same law which Mr Haimbe claims to be abolished still exists in part 3 of the Constitution and can only be amended by way of a referendum as was proposed by the former ruling party.

“Mr Haimbe, whilst he is accurate in his submission that PF will bounce back in 2026, his fears are unfounded, suggesting that PF will reverse some of these amendments that were made. First of all, it must be understood that there is nothing to reverse because there is nothing they have achieved,” he said

“The death penalty is still on the statutes. The only way we can amend and remove the death penalty is by way of referendum, which referendum we had proposed as Patriotic Front because we understood that the only way to enhance human rights is by way of amending Part 3 of the Constitution and that amendment comes by way of a referendum,” he added

Mr Nakacinda however, lectured the Justice Minister that an Amendment of a subsidiary law amounts really to having done nothing because in the Republican Constitution, the death penalty still remains.

He reminded that the UPND are the ones who shot down the referendum that was proposed by the PF to iron out the issue in question.

“We can only ask the UPND not to worry, the brutality they have subjected PF members to, the tribalism they have introduced in this country, the Partisan consideration, whether it is those who are in office as civil servants working in government, they are being victimized to be PF, that attitude will not be tolerated under a rebranded Patriotic Front,” he stated

“When we come back in power in 2026, we are going to carry through all the positive things that will have been achieved if there will be any. We will not victimize any Zambian on the basis of their affiliation. For us, our approach will be anchored on the principle of One Zambia One Nation,” he noted

And Nakacinda assured Haimbe that the PF will come back into government with a totally different approach, adding that all those that either sympathize or belong to other political parties will be looked at first of all as Zambians before starting to consider partisan issues.

“We are coming back into government with a totally different approach, patriotism will be the anchor word, nationalism will be the anchor word and national unity will be the anchor word and prosperity is what we will be aiming for,” Mr Nakachinda assured

Meanwhile, Justice Minister Mulambo Haimbe claimed that should the Patriotic Front (PF) bounce back into power in 2026, there is a possibility that the death penalty law would be brought back into the statute books.

Mr Haimbe believes that there is a possibility that the PF could reclaim the leadership of the country but is worried that the death penalty which has been abolished could be brought back.

According to Mr Haimbe, the PF was justifying their claims that the death penalty had not been abolished because the former ruling party believed that it would be voted back into government.

He said that the PF was preaching that the death penalty had not been abolished because they were of the false belief that should Zambians vote them back, they would use the Bill of Rights to revive it.

Mr Haimbe wondered why the PF was failing to understand the simple logic behind the abolishment of the death penalty.

He stated that the Penal Code and the Criminal Procedure Code were the statutes from which the courts drew power to sentence and that was what President Hakainde Hichilema expunged.

“The logic is simple and the narrative that it was not abolished was a misnomer aimed at misleading the citizenry,” Mr Haimbe said

Mr Haimbe cited that Article 12 substation 1 of the constitution guaranteed the right to life to the people and provided an exception where a court of competent jurisdiction pronounced a sentence to death was the only derogation from the right to life.

He said that the courts drew the power to sentence people to death for capital offences like murder, aggravated robbery and treason.

“Then what does it mean if where you draw power as a court to pronounce death sentences is removed and tell that courts that you can no longer carry out that sentence what you can do is impose life, isn’t it abolition of the death penalty and why would anyone defy that simple logic and say it was not done away with,” he said

Mr Haimbe noted that the abolishment of the death penalty should not be turned into a tool for political campaigns but that politicians should engage citizens on facts that would promote civic education.

24 COMMENTS

  1. Yes Nakachinda is right. It looks like the UPND doesnt know how laws are reversed. As at present those sentenced to death will have their sentence on hold at the president’s pleasure but until the law is nullified by parliament or referendum they can still be sentenced to death

    3
    1
  2. Yes the president has only confused the cowardly judiciary because they won’t know how to sentence murderers since they don’t know who to follow: the statutes or their appointing authority?

    3
    1
  3. I agree with Justice Minister. There is no longer any death penalty.

    The Constitution only allows the courts to sentence one to death if such death penalty is prescribed by statute. By removing the death penalty from the Penal Code, they have literally raped the Constitution by rendering that constitutional provision useless, impotent.

    So, whilst the Constitution still guarantees that your life can only be taken away by a Court in execution of a sentence, that death sentence is no longer on the statute books, so no Court will sentence you to death because the Penal Code no longer prescribes death penalty.

    1
    1
  4. Who are usually murdered? Women are raped and murdered in large numbers. And many other people are being gruesomely murdered. In some instances defenceless people are cut in pieces by killers.

  5. Open floodgate, the defenceless women and people, who are being murdered we may say,is on the rise every day. Also, many people grieve to hear women and others raped and killed. These reports also indicate innocent people subjected to gruesome death.

  6. Lusaka times employees are too jealous and shortsighted. Stop blocking persons who are clever and thoughtful.

  7. a thief is ussully a thief. some even become wose thieve after seving their sentences in prisons. so, allowing a bunch of thieves to bonce back would the mst suicidal act in the history f zamba

  8. a thief is ussully a thief. some even become worse thieves after serving their sentences in prisons. so, allowing a bunch of thieves to bonce back would the most suicidal act in the history f zambia

  9. Once we remove governments, we dont return them. Enough examples. That is in case the expelled MMD member is not aware

  10. Hanswell and zay are able to, understand and analyze eternal deaths of parties like PF. BUT NAKACHINDA WITH BOTH HIS TWO NAKED EYES AND HIS BINCULRS MADE IN THE REPUBLIC OF THE DEAD CANT SEE AND UNDERSTAND ANY THING WELL. IT IS FOR THIS REASON THAT HE STILL ARGUES AND SUPPORT THE DEATH PENALTY. ONE THING ABOUT NAKACHINDA IS THAT HE IS STILL VERY BITTER FOR HE ONL SEVED AS ANOMINATED MP AND MINISTER ONLY FOR THREE MONTHS AND THEREFORE NEVER ACCUMMULATED MUCH WEALTH IN ACCORDANCE TO THE CULTURE OF THE PF MINISTER DURING THEIR TIME OF ANARCH OVER PUBLIC RESOURSES

  11. Hanswell and zay are able to, understand and analyze eternal deaths of parties like PF. BUT NAKACHINDA WITH HIS TWO NAKED EYES AND HIS BINCULRS MADE IN THE REPUBLIC OF THE DEAD CANT SEE AND UNDERSTAND ANY THING WELL. IT IS FOR THIS REASON THAT HE STILL ARGUES AND SUPPORTS THE DEATH PENALTY. ONE THING ABOUT NAKACHINDA IS THAT HE IS STILL VERY BITTER FOR HE ONLY SEVED AS A NOMINATED MP AND MINISTER ONLY FOR THREE MONTHS AND THEREFORE NEVER ACCUMMULATED MUCH WEALTH IN ACCORDANCE TO THE CULTURE OF THE PF MINISTER DURING THEIR TIME OF ANARCH OVER PUBLIC RESOURSES

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading