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

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.