Lusaka – June, 2025
Should a child ever be sent to jail in Zambia? That complex legal question is now headed to the Supreme Court. In a ruling handed down on 5th June 2025, the Court of Appeal granted the State leave to appeal a decision that has reopened debate on what sentencing options remain available when a child commits a serious offence. Does the Children’s Code Act entirely exclude imprisonment as a sentencing option for children, even in grave cases?
The appeal, brought by the Director of Public Prosecutions, centres on the interpretation of the Children’s Code Act No. 12 of 2022, Zambia’s comprehensive “new” law aimed at aligning juvenile justice with child rights norms.
Chilling Facts Behind the Case
The case at the heart of the legal discussion is The People v. Abraham Phiri, involving a 17-year-old boy convicted of murder and aggravated robbery. The incident took place in January 2022 in Chamanika Village, Petauke District, where the lifeless body of Miriam Malunga was discovered in her home, showing signs of manual strangulation. Her belongings had been scattered, and a cash box containing money was missing.
The night before, Malunga had reportedly told neighbours that the Respondent, then a minor, had attacked and attempted to rape her. When apprehended, the teenager led police officers to an overgrown bush near the victim’s home where the missing cash box was found – emptied of its contents.
At trial, the young offender denied any involvement. However, the High Court found the circumstantial evidence compelling and convicted him of both murder and aggravated robbery.
A Sentence That Sparked Debate
Despite the seriousness of the offence, the trial judge, Honourable Justice J. Bowa, opted for a one-year probation order, citing Section 87(4) of the Children’s Code Act. The court relied on a social welfare report recommending a non-custodial sentence, given the offender’s age at the time of the crime.
The decision stunned many and prompted the Director of Public Prosecutions to challenge the sentence. The State, represented by Principal State Advocate assigned to the General and Appeals’ Department, Mrs. Angelica Kennedy-Mwanza, argued that the court erred in treating probation as the only available option in a case involving violent and fatal criminal conduct.
Interpreting the Children’s Code Act
At the centre of the dispute is Zambia’s 2022 Children’s Code Act, a progressive piece of legislation designed to safeguard the rights of children in conflict with the law. The Act prohibits capital punishment and life imprisonment for children, and strongly favours rehabilitation over prison sentences.
Yet, the law is silent on whether imprisonment may still be applied in exceptional cases involving serious crimes. Section 87(4) mandates that children convicted of serious offences be dealt with “in accordance with this Act,” but does not clearly exclude prison sentences – leaving the courts with a grey area.
The Court of Appeal, recognising the national importance of the issue, ruled that the matter meets the legal standard for appeal under Section 13 of the Court of Appeal Act. The three judge panel agreed that the sentencing options available to courts under the Children’s Code raise a point of law of public importance that deserves examination by the country’s highest court.
All Eyes on the Supreme Court
The Supreme Court’s eventual ruling is expected to settle a critical question: Do Zambian courts retain the power to impose custodial sentences on children convicted of heinous crimes, or does the Children’s Code Act represent a total shift to non-custodial justice, regardless of the offence?
The answer will carry far-reaching consequences not only for the child at the centre of this case but for how Zambia handles child justice going forward.