THE COPPERBELT UNIVERSITY

SCHOOL OF HUMANITIES AND SOCIAL SCIENCES

DEPARTMENT OF LAW

NAME. : NOAH CHIKOMBOLA

SIN. : 22107017

PROGRAMME. : BACHELOR OF LAWS

COURSE. : CRIMINAL LAW

COURSE CODE. : LS 200

ASSIGNMENT No. : 1ST ASSIGNMENT

LECTURER. : MR. CHRISTOPHER M. MULENGA

DUE DATE. : SATURDAY, 20TH APRIL, 2024

 Question

Highlight at least 15 sections of the following legislation and comment, giving the
purpose for the particular sections.

1. Children’s Code Act, 2022

2. Criminal Procedure Code (Amendment) Act, 2023
3. Cyber Security and Cyber Crimes Act, 2021
CHILDREN’S CODE ACT, 2022

Section 2: “child” has the meaning assigned to the word in the Constitution.

Comment: The referred Article 266 of the Constitution of Zambia Amendment No.2 of
2016 defines a child as a person who has attained, or is below, the age of eighteen years.
Knowing the kind of people the Parliament intends to protect under a certain Act is crucial.

Purpose: The purpose of this definition is to ascertain as to what kind of people the Act
provides for. As per the definition the Act provides for those who have attained the age of
eighteen years and below. Such are the people being protected under this Act.
Section 9(1): A child has a right to live with, and to be protected and cared for by, the
child’s parents, or to appropriate alternative care if the child is separated from the parents.

Comment: It is a duty of every parent to take a good care of his or her children and ensure
that everything in all areas of life such as health, education and morals are well provided
to the children generally.

Purpose: The purpose of this section is to enforce the obligation or the duty which parents
or a parent bears to his or her child or children.

Section 14(1): A child shall not take part in hostilities or be recruited in armed conflict.

Comment: As children are one of the weakest in the society, subjecting them to hostilities
such massacre may be too heavy and at the same may be slavery to them. Recruiting
them in armed conflicts may subject them to servitude and eventually a larger percentage
of them may be deprived of their right to life in that way.

Purpose: The sole purpose of this section is to protect children from hazards of being
involved in hostilities and armed conflict.

Section 45 :A child is not criminally liable for an act or omission except as provided under
the Penal Code.
Comment: Children due to their reasoning capabilities are exempted from some criminal
liabilities.

Purpose: To protect children from criminal liabilities where the law presume that such kind
of child cannot do the alleged criminal conduct for instance, a six year child is presumed
that he or she cannot commit murder.

Section 158: The surviving parent shall, on the death of a parent of a child, be the
guardian of the child.

Comment: The law aims at protecting children’s rights in different situations.

Purpose: Continuation of the protection of a child who’s one parent has died.
Section 160 (1): A parent of a child may, by will or deed, appoint any person to be the
guardian of the child after that parent’s death.

Comment: As children become vulnerable due to death of the parents, for continuity of
their protection and supervision, a parent can appoint a guardian before they die by deed
of or will.

Purpose: To provide for legal custody of children where parents impliedly consent to a
particular guardian or guardians.

Section 166 (1) (a): A guardian of a child commits an offence if that guardian wilfully fails
to produce to the court, or the parent or guardian of the child, an account required under
section 159.

Comment: Contravening provisions of the Act attracts liability on the part of the offender,
that is, the guardian omitting to do what he’s required to do in this case.

Purpose: To make sure that the said guardian is capable of performing his guardianship
roles.

Section 167 (1) (m): For the purposes of this Act, a child is in need of

care and protection if that child is born to a child.

Comment: Children born to other children are likely to lack support.

Purpose: To protect children who lack support and care from the parents who are also
children and have little or no source of income.

Section 167 (1)(s): For the purposes of this Act, a child is in need of care and protection
if that child is displaced as a consequence of war, civil disturbance or disaster

Comment: Children who’re victims of war suffer miserably as majority of their rights are
deprived from them.
Purpose : To protect children suffering due to war in their community.

Section 173:A court shall, where a child in need of care and protection is brought before
the court, allow the child’s parent, guardian or person having parental responsibility for
the child to be heard on an application made in relation to the child.

Comment: Any person has the right to be heard and that does not exclude a parent or a
guardian from being heard as to why their child lacks protection and care.

Purpose: To provide for the right of being heard as sometimes it’s not always that the
parents or guardians have available resources or sources of income to meet the
requirements of a child more especially those with many children to care and provide
material support and protection for them.
Section 177 (1) (b):A court may, in addition to the orders under section 170, make an
order of care for the protection of children in need of care and protection.

Comment: It is the role of the court to enforce the provision of care to a child as when
there’s no enforcement, children will keep on suffering.

Purpose: To make sure that children in need are cared for.

Section 205 (1): A person who intends to adopt a child may, three months before the
making of an application for adoption, notify the Director of Social Welfare of the person’s
intention to adopt a child in the prescribed manner and form.
Comment: To prevent criminals from possible human trafficking of children who are in
need, the law has set out a procedure to be followed when one intends to adopt.

Purpose: To make sure that there are records that a particular chill has been adopted by
a particular guardian.

Section 211 (1): A person who intends to adopt a child shall apply to the Children’s Court
for an adoption order after the placement of the child under section 205.

Comment: This again sets up the procedure for adoption. One is required to apply in order
to adopt a child.

Purpose: To provide for a legal adoption of children in need by making an application to

the court relating to one’s intention of adopting.

Section 216 (1): An open adoption order may be converted to a closed adoption order on
the application of an adoptive parent to the Children’s Court that granted the adoption
order.

Comment: If an adopting parent so wishes to permanently adopt the child, he or she shall
be required to apply to the Children’s Court.
Purpose: To continue provision of care for the child in need permanently.

Section 268 (1): A person shall not establish a child care facility without the approval of
the Director of Social Welfare.

Comment: The Director of Social Welfare has to know that and approve the existence of
a child care facility. This helps to prevent criminals from making unknown facilities
claiming to be taking care of vulnerable Children meanwhile they have other intentions.

Purpose: The purpose of this section is protect the community particularly children in need
from being trafficked by scammers who may as though they would help but have contrary
intentions.
CRIMINAL PROCEDURE CODE (AMENDMENT) ACT, 2023

Section 1: This Act may be cited as the Criminal Procedure Code (Amendment) Act, 2023,
and shall be read as one with the Criminal Procedure Code, in this Act referred to as the
principal Act.

Comment: Where an Amendment Act has amended just a few sections of the principal Act,
the principal Act can be used albeit the amended sections cannot.

Purpose: This first section provides for the citation of the Amendment Act and also
amalgamation of the principal Act with the Amendment Act.

Section 3 (1): All offences under the Penal Code shall be inquired into, tried and otherwise
dealt with accordance to the provisions hereinafter contained.

Comment: Criminal proceedings have procedural rules which are contained in the Criminal
Procedure Code Act.

Purpose: This section entails that for any offence in the Penal Code, the procedural law in
this Act has to be complied with thereby ensuring fairness in the proceedings.

Section 6: The High Court may pass any sentence or make any order authorised by law.

Comment: The High Court judge can exercise their powers as provided in other Acts such as
the Constitution or in provided by the law.

Purpose: To provide for the jurisdiction of the High Court.

Section12: Any court may pass any lawful sentence or make any lawful order combining any
of the sentences or orders which it is authorised by law to pass or make.

Comment: Each and every Court is provided with the jurisdiction in the Constitution and the
judges for a particular Court preside over cases within their prescribed jurisdiction.

Purpose: To provide for adjudication in accordance with the law.

Section17 (1): A court may, at any stage in a trial or inquiry, order that an accused person be
medically examined for the purpose of ascertaining any matter which is or may be, in the
opinion of the court, material to the proceedings before the court.

Comment: If any relevant information is required by the Court in any suit, the Court may
require such facts to be brought. For example, where a case requires intention and the
defense alleges that the accused had a mental illness at the time the actus reus was
committed, the Court may require medical examinations.

Purpose: Ensure that all relevant facts are brought before the Court.
Section 24: Whenever it is necessary to cause a woman to be searched, the search shall be
made by another woman with strict regard to decency.

Comment: One’s rights ought to be fully respected and protected. Even though someone has
contravened the law, some rights and freedoms may be deprived but some cannot be
deprived.

Purpose: To protect and promote high moral standards in the society.

Section 26 (a): Any police officer may, without an order from a magistrate and without a
warrant, arrest any person whom he suspects, upon reasonable grounds, of having
committed a cognizable offence.

Comment: Normally, an arrest requires a warrant but the law in the particular section
provides for an exception to that fact in the case of cognizable offences.

Purpose: To provide for an alternative and avoid the usual red tape in offenses where it is
reasonable to arrest without a warrant.

Section 31 (1): Any private person may arrest any person who, in his presence, commits a
cognizable offence, or whom he reasonably suspects of having committed a felony.

Comment: In relation to Section 26 (a), this also provides that an arrest can be made without
a warrant by a non-police person in as far as cognizable offences are concerned.

Purpose: To further maintenance of justice by arresting the offenders.

Section 58: The High Court may, at any time, for sufficient reasons to be recorded in writing,
cancel any bond for keeping the peace or for good behaviour executed under any of the
preceding sections by order of any court or magistrate.

Comment: The High Court has powers to cancel a bond if the offender can get an advantage
over it.

Purpose: To maximize effectiveness of the law by keeping offenders in custody where

necessary.

Section 61: Every police officer may interpose for the purpose of preventing, and shall, to
the best of his ability, prevent the commission of any cognizable offence.

Comment: Police men and women may intervene to prevent commission of cognizable
offences.

Purpose: This section provides for prevention of cognizable crimes in the society where the
police can intervene.
Section 64: A police officer may, of his own authority, interpose to prevent any injury
attempted to be committed, in his presence, to any public property, movable or immovable,
or the removal of or injury to any public landmark, or buoy, or other mark used for navigation.

Comment: The police have powers to intervene not only in offences with regards to person
but also those with regard to properties

Purpose: To give powers to the police to protect properties in the society

Section 86 (1): The Director of Public Prosecutions may appoint generally, or in any case, or
for any specified class of cases, in any district, one or more officers to be called public
prosecutors.

Comment: Criminal offences are administered by the DPP who scrutinizes the case and can
either decide to prosecute or not.

Purpose: To decentralize prosecutions powers.

Section 90 (1): Proceedings may be instituted either by the making of a complaint or by the
bringing before a magistrate of a person who has been arrested without warrant.

Comment: Both civil and criminal proceedings have their modes of commencements.

Purpose: This Act and this section in particular provides for the commencement of criminal
proceedings.

Section 116 (1): Where any person for whose appearance or arrest a court is empowered to
issue a summons or warrant is confined in any prison within Zambia, the court may issue an
order to the officer in charge of such prison requiring him to bring such prisoner in proper
custody, at a time to be named in the order, before such court.

Comment: The court has the right to in promoting justice require a prisoner who it thinks
necessary to be heard in the Courts of law.

Purpose: Power of court to order prisoner to be brought before it to enhance justice.

Section 121 (1): When any article is seized and brought before a court, it may be detained
until the conclusion of the case or the investigation, reasonable care being taken for its
preservation.

Comment: Whenever any property is required by the court when it’s necessary, such shall
be kept by the Court so that any inquiries requiring it may be properly done.

Purpose: Detention of property seized to ensure that justice is promoted

CYBER SECURITY AND CYBER CRIMES ACT, 2021

Section 4: Cyber security regulator is responsible for the implementation of this Act.

Comment: The authority to administer anything related to cyber security is vested in the
Cyber security regulator.

Purpose: This section has a significant purpose as it gives power to the Cyber security
regulator to exercise his powers stipulated by this Act and also other Acts and precedents.

Section 9 (a): A cyber inspector may in the performance of the inspector’s functions, with a
warrant monitor and inspect a computer system or activity on an information system, where
such activity or information is not in public domain or is not accessible to the public.

Comment: Cyber inspectors are mandated with the role of inspecting computer systems
and may do so without a warrant as expressed by this section

Purpose: Gives powers to cyber inspectors to inspect without a warrant.

Section 11(1) (a): A cyber inspector may, in the performance of the cyber inspector’s
functions, with a warrant, at any reasonable time and without prior notice, enter any
premises or access an information system and Search the premises or that information
system.

Comment: This section is closely related to the former as it also provides for inspection and
access to computer systems.

Purposes: Provides for power to access, search and seize premises at any reasonable time.

Section 34(1): An electronic communication service provider shall not utilise the service for
observing or random monitoring except for mechanical or service quality control checks.

Comment: The user’s right to privacy is protected from the service providers in order to
enforce and implement the right to privacy.

Purpose: Prohibition of random monitoring

Section40 (1) (b): Despite any other written law, an electronic communication service
provider shall store call-related information in accordance with the provisions of this Act.

Purpose: Provide for interception capability of service provider.

Section 41 (a): A person shall not, without a licence engage in the business of providing, for
reward or otherwise, cyber security service to other persons.

Purpose: This provide for Prohibition from providing cyber security services without licence.
Section 45: A licence is valid for the period prescribed by statutory instrument.

Comment: Any licence issued has got an expiry date which requires one to renew the licence
once it expt.

Purpose: The purpose is to provide for validity of the licence.

Section 56 (1): A person shall not produce or participate in the production of pornography
using a computer system.

Comment: Public immorality and indecency ought not to be tolerated.

Purpose: This section provides for prohibition of pornography.

Section 57(1) (a): A person commits an offence if that person knowingly Produces child
pornography for the purpose of its distribution through a computer system;

Comment: This section is closely related to the former as it provides the prohibition of
production of pornography to children.

Purpose: Prohibit sexual indecency to Children via pornography.

Section 63(1): A person shall not use a computer system for any activity which constitutes
an offence under any written law which is not provided under this Act.

Comment: Having access to a computer system shall not be an accessory to crimes

Purpose: Prohibition of use of computer system for offences

Section 74(1):A person aggrieved by a decision made by the Authority may appeal to the
Minister.

Purpose: To foster justice by providing for a chance for one to appeal.

Section 74(2): A person aggrieved by the decision made by the Minister may appeal to the
High Court.

Comment: A further appeal other than the one provided in the first subsection can be made
by invoking this section. This impliedly entails that even where one is aggrieved by the
decision of the High Court can appeal to the Court of Appeal and finally to the Supreme court
as usual.

Purpose: Enhance justice both to the computer system users and the Cyber security
regulators.

Section 80(1): The Authority may issue guidelines as are necessary for the better carrying
out of the provisions of this Act.
Comment: In promulgating the law more especially with regards to Cyber security, the
Authority is mandated to by this section to provide guidelines.

Purpose: To make the computer system users aware of cyber security regulations by
providing guidelines.

Section 80 (a): A law enforcement officer may, where the law enforcement officer is satisfied
computer data is reasonably required for the purposes of a criminal investigation, by written
notice given to a person in control of the computer system, require the person to disclose
relevant traffic data about a specified communication to identify the electronic
communications service providers

Comment: For the purposes of investigating criminal offenses, the authority may require the
person in control of the computer system to disclose relevant information.

Purpose: The purpose of this section is to provide for the powers to investigate information
relating to an offence.

Section 75 (1): The provisions of the Criminal Procedure Code relating to warrants shall
apply to this Part.

Comment: The procedural rules stipulated in the Criminal Procedure Code apply in Cyber
security offenses

Purpose: Provides for rules relating to search warrants.

Section 73(1): In any legal proceedings, the rules of evidence shall not be applied so as to
deny the admissibility of a data message in evidence if it is the best evidence that the person
adducing it could reasonably be expected to obtain, on the grounds that it is not in its original
form.

Comment: This provides for an exception with regards to the documentary evidence’s rule
requiring evidence to be in original form.

Purpose: The purpose of this section is to provide for admissibility of electronic evidence.