Re-Evaluating Sentencing in Abduction Laws in Zambia. A Comparative Study with Nigeria and South Africa

Abstract

This dissertation critically analysed Zambia’s legal framework on abduction under the Penal Code Cap 87, evaluating its adequacy in deterring offenders and securing justice for victims. It compared Zambia’s sentencing framework with those of Nigeria and South Africa to identify lessons for reform. Using a qualitative, comparative legal approach, it examined statutory provisions, case law, and policy reports to determine how punishment scales and judicial discretion affect deterrence and proportionality. Findings revealed that Zambia’s maximum sentence of ten years’ imprisonment for aggravated abduction is disproportionately lenient given the seriousness and human rights implications of the offence. Judicial discretion is restricted, leading to sentences that do not reflect the gravity of harm caused. In contrast, Nigeria and South Africa recommend life imprisonment and structured sentencing guidelines that better balance deterrence with justice. While Zambia records fewer abductions, the trend is rising, highlighting the need for reform and update the laws to match modern day crime realities. The study concluded that Zambia’s framework is outdated and insufficiently deterrent. Drawing from comparative insights, it calls for comprehensive legislative reform, enhanced judicial discretion, and stronger institutional capacity to ensure that the criminal justice system effectively protects the constitutional right to liberty and human dignity.