“Upon consideration of the law before me, I hasten to point out that the
Republican Constitution, which is a written Constitution of Zambia, is the
Supreme law of the land, and consequently, all other laws derive their force of
law from it, and are therefore subordinated to it. This being the legal position, it
cannot therefore be doubted that unless the Constitution is specifically amended,
any provisions of an Act of Parliament that contravenes provisions of the
Constitution is null and void. Article 15 of the Constitution is couched in very
clear and unambiguous language, that no person shall be subjected to torture or
to inhuman or degrading punishment or other like treatment. On the contrary, it
cannot be doubted that the provisions of Section 14 (c) and 27 of the Penal Code
which permit the infliction or imposition of corporal punishment of offenders are
in total contravention, and conflict with the above provisions of Article 15 of the
Constitution.”
431.
Judge Chulu further stated that due to the unconstitutionality of Sections
24 (c) and 27 of the Penal Code, the provisions should be severed from
the Penal Code.
432.
The State party has outlawed corporal punishment following the
enactment of the Criminal Procedure Code (Amendment) Act No. 9 of
2003, the Penal Code (Amendment) Act No. 10 of 2003, and the
Education Act (Amendment) Act No. 11 of 2003.
C.
ADMINISTRATIVE MEASURES
Basic Education
433.
The State party is committed to providing universal education for all
children, as indicated in the following policy goals of the Ministry of
Education:
a.
Every child should have seven years of basic education by the year
2005;
b.
Every child should have access to nine years of good quality basic
education by the year 2015;
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