Parliament adopts penal code bill

Members of Parliament have passed the Penal Code (Amendment) Bill.

The House has however adopted the Bill with deletion of Clause 22 which previously criminalised consensual sexual relationships in workplaces.

Speaking to Yoneco FM, Chairperson for the Parliamentary Legal Affairs Committee Peter Dimba said the committee received numerous requests mostly from men asking for removal of the clause.

“The august House found its application quite problematic but it does not mean that the abuse of position of trust or authority to solicit consensual sex or commit sexual harassment at work place is no longer an offense.

“Sexual harassment at workplace or anywhere else still remains an offense punishable by law. The Penal code still has other provisions that criminalise such offenses,” said Dimba.

The principal objective of the Bill is to effect miscellaneous amendments to the Penal Code (Cap 7:01) in order to decriminalise sedition and other related offences.

On his part, Minister responsible for Justice Titus Mvalo said the amendment has created an equal ground for sexual offenses perpetrated by females towards a boy child.

“For the first time now, we have created a criminal offense which is equal and applied to both male and female.

“If a female sexually assaults a male child it is an offense, previously it was just indecent assault but it is indecent assault which will carry 21 years imprisonment equally if a man does the same to girl it also carries the same punishment,” said Mvalo.

In addition, the Bill seeks to enhance legal framework for terrorism, sexual offences against children and persons with mental disabilities, and money laundering; and effect consequential amendments to the age of a child following the amendment to section 23 of the Constitution redefining a child as a person under the age of eighteen years.

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