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CRIMINAL LAW CODIFICATION AND REFORM AMENDMENT BILL H.B. 15, 2022
CRIMINAL LAW CODIFICATION AND REFORM AMENDMENT BILL, 2022
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Memorandum
The purpose of this Bill is to amend the various provisions of the Criminal Law
Codification and Reform Act “the principal Act” as set out below:—
Clause 1
This clause sets out the Bill’s short title.
Clause 2
This clause inserts a new section 22A of the principal Act. Our Constitutional
order of Zimbabwe that is based on parliamentary democracy affords many avenues
for aggrieved citizens to redress their wrong internally, including against the State. It
is therefore improper for citizens and residents of Zimbabwe by recourse to foreign
countries to seek to implement measures that undermine our sovereignty, dignity and
independence as a nation. This clause will criminalise such conduct.
Clause 3
This clause will amend section 65 of the principal Act to put 15 years as the
minimum mandatory sentence for rape. There has been wide spread concerns over the
rising incidents of the heinous crime of sexual violence and rape, and it has been seen
fit that more deterrent measures should be put in place to stamp out the crime.
Clause 4
This clause will amend section 155 of the principal Act on the definition of
“dangerous drug” to include prepared opium, prepared cannabis, cannabis resin and a
scheduled drug. It further, adds the definition of industrial hemp.
Clause 5
This clause amends section 174(1) of the principal Act. The current framing of the
offence of criminal abuse of office as provided for in terms of section 171(1) is very
broad in its scope in that it gives room for public officers to be prosecuted for honest
mistakes made during the course of their duties. Hence the amendment will limit the
crime to include an essential element of knowledge on the part of a public official that
his or her conduct was illegal.