Zambia's legal system is comparable to that of the United Kingdom because it is a

Commonwealth member and was colonized by the British. As a result, it largely relies on
common law practice; yet, as a sovereign state and an independent nation, it has the ability to
create its own laws, as seen by the formation of Zambia's legal system before, during, and after
independence. The employment of the death sentence is one noticeable distinction in how laws
were enforced in Zambia throughout the aforementioned years; this essay will describe why this
was done, how it affected society, and how various criminal academics, human rights specialists,
and general laws have explained it.
According to Bryan and Garner, (2018), death penalty, often known as capital
punishment, is a state-sanctioned practice of killing a person as retribution for a crime. A death
sentence is a court decision ordering that a criminal be executed, and the act of carrying out that
decision is known as an execution. A prisoner on "death row" is one who has been sentenced to
death and is presently awaiting execution. (Hatchard, 1994) explains that; In states where
sovereignty is insecure, the death penalty has been seen as one of the most dramatic symbols of
the presence of sovereignty. The continuous use of the death penalty in these states is an
indication that sovereignty may reside in the people. Therefore, from a political perspective, the
death penalty represents the state's complete power. The phrase "death penalty" refers to the
practice of execution after a court's ruling, either as retaliation or as a guarantee that the offender
cannot commit further crimes. The term "capital punishment" is widely used to describe the
death sentence. Additionally, it is a method of lawful execution as retaliation for a crime by the
government Capital crimes, often known as capital offences, are crimes that carry the death
penalty. According to Oxford law (1990) the term "capital" is derived from the Latin word
"capitalist," which means "head," and relates to the fact that the death sentence involves the loss
of one's head. Although most governments have used the death penalty at some time in history,
just a few countries do so presently.
The Zambia amnesty international explains that Zambia obtained the death sentence
during the colonial era, and successive constitutions have maintained this provision. In 1964,
when Zambia gained independence from the British, it also enacted the death sentence, which
had been approved by the British Parliament. Despite having 7 different presidents and each of
them swearing in pledges to defend the constitution, which protects the right to life, Zambia's
supreme legislation has been effective in supporting the death penalty. Courts in Zambia have

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kept up the execution offenders who are sentenced to death by hanging under the country's death
penalty statute. CAP 87 of the Zambian laws lists particular offenses for which a person should
get the death sentence if found guilty and section 305 of the criminal procedure code stipulates
the role of the republican president with regards effecting a death sentence on culprits of capital
offenders. This has been noted in heads of states giving an assent to death penalty, during his 10
years in administration, Fredrick Chiluba consented to just eight executions, the hanging of eight
prisoners. More than 70 inmates were hanged with the approval of his predecessor, Kenneth
Kaunda. During his time in power, President Mwanawasa refused to sanction executions and
worked to abolish the death sentence. He declined to issue a number of execution warrants on
May 21, 2003, or to commute the sentences to life in prison. President Mwanawasa overturned
the death sentences of 44 soldiers who were found guilty of treason in 1999 for their
participation in a botched military coup against President Fredrick Chiluba in 1997, whom they
accused of corruption and incompetence, on February 27, 2004. He substituted 10- to 20-day
prison terms for the death penalty.
All theses convicts who faced death penalty commited capital offence that which
enshrined in statutory law as avered by Chinwi (2007) for instance, treason is punished by death
under section 43 of the criminal code, this was noted in the case of Steven Lungu aka captain
Solo and others v the people (1997) the court ordered that all of them should be hanged, section
200 of the same code orders anyone who kills the other with malice aforethought to be face
death penalty this was seen in the case of Keith Mwiimba v the people (2018) where a lawyer Mr
Mwiimba was found guilty by killing his security guard and was ordered to be hanged, section
294 condemns aggravated robbery and it attracts death penalty.
However the current constitution protects the right to life as it is enshrined in the
Zambian constitution article 2 section 1 states that; No person shall be deprived of his life
intentionally except in execution of the sentence of a court in respect of a criminal offense under
the law in force in Zambia of which he has been convicted. except when someone is carrying out
a court order linked to a crime for which they have been proven guilty in Zambia. And Chenwi
(2005) explains that evaluating the impact of the death sentence on contemporary society is a
crucial step in addressing the human rights issue. The death sentence is carried out in the name of
justice, yet many people consider it as the ultimate violation of human rights. The majority of
organizations and states are opposed to the death penalty in all circumstances without exception,

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regardless of the type of crime, the characteristics of the offender, or the means by which the
state executes the prisoner. This is because it violates the right to life as stated in the Universal
Declaration of Human Rights. And Article 6 of the United nations chatarter "refers generally to
elimination of the death penalty in words which strongly imply that abolition is desirable,"
according to the UN Human Rights Committee. The Committee comes to the conclusion that
every step toward abolition should be viewed as progress toward realizing the right to life.
Concerned about the continued use of the death penalty in countries that have ratified the
International Covenant on Civil and Political Rights, the UN Human Rights Committee has
urged these countries to do so legally.
The Zambian Constitution's continued support for the death penalty elicits strong
emotions in many people due to its severity and infringement on the country's sense of values. In
recent years, the death penalty has been a heated issue of debate among politicians, civil society
activists, academia, and the general public. This death penalty ploy also investigates whether or
whether the statute in this case is biased. The death penalty statute has been widely been opposed
in many jurisdictions because it is barbaric in a civilized society like Zambia, and its impact on
society has been mundane. According to William A. Schabas (2002), governments moving away
from a history marked by terror, injustice, and repression should consider abolishing the death
penalty as a key component of their democratic growth. Abolishing the death penalty therefore
appears to be one of the most crucial factors that will support the growth of democracy in
Zambia, among other nations of the globe. Therefore, the need for the death penalty to be
abolished in relation to the advancement or observance of human rights is essential.
By virtual of the law under section 201 of the of the penal code death sentence is still
valid and active and as long it is enshrined in the zambian supreme law any one who has been
convicted the court orders a death penalty it only takes a president’s signature as an approval to
the sentencincing by law. According to Munalula (2004) a constitutional is the supreme law in
the land and any law inconsistent with it will be deemed unconstitutional, therefore provided any
president assent capital punishment, he will be on sound and it is constitutional.
The essay elaborated that human rights and life are very important and should be
respected, despite a strong resentment of the death penalty by the society, the essay showed that
according to the law it is not abolished, unless it is repealed. The assignment gave an
understanding of what the death penalty is and its components, it outlined the history, the

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advantages as a deterrent to criminal acts in the society, and how the society is giving its plea to
its existence. Thus, these remarks and narrations put this assessment to a close.
References

Abolition of the death penalty in Africa” 5th African Human Rights Law Journal.

Bryan. A and Garner, (2017). Black’s law dictionary. 10th edition. Publisher: West (Thomson
Reuters)

Chenwi. L (2005). “Breaking new ground: The need for a protocol to the African Charter on the

Chenwi. L (2007). Towards the abolition of death penalty in Africa. University of Pretoria.

Hatchard. J (1994).“Capital punishment in southern Africa: Some recent developments” 43rd

International and Comparative Law Quarterly.

Munalula. M, (2004). Legal Process cases and materials. UNZA Press Publishes. Lusaka.

Oxford Law Dictionary, (2009). Publisher Oxford university press. London

Schabas, W (1996). International legal aspect: Capital punishment. Winchester, Waterside Press

Universal Declaration of Human RightsCharter (1948). Geneva

Zambia amnesty international report (2018).

Zambia penal code chapter 87 of the laws of zambia

Zambia procedural code chapter 88 of the laws of zambia

Zambian constitution amended act No 2 of 2016.