Penal Code (Amendment) Act, 2007

4. The principal Act is amended by the repeal of section threa Repeal and replacement of hundred and thirty-five and the substitution therefor of the section 335 following new section: Punishment for malicious damage in general, etc

335.(1) Any person who wilfully and unlawfully destroys or damages any property commits an offence, which, unless otherwise stated, is a misdemeanour and is liable, on conviction, if no other punishment is provided, to imprisonment for two years: Provided that where the destruction or damage caused to pr?perty is- ( a) in excess of five mi II ion K wacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than five years and not exceeding twelve years; or (b) in excess of fifteen million Kwacha, the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than seven years and not exceeding twelve years. (2) Any person who wilfully and unlawfully destroys- (a) a dwelling-house or a vessel, using any explosive substance, and if- (i) any person is in the dwelling-house or vessel; or (ii) the destruction or damage endangers the life of any person; the offender commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and may be liable to imprisonment for life: Provided that where the explosion causes the death of any person the offender shall, on conviction, be liable to imprisonment for life; (b) a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to •1dment) shall not apply to ii of section three 1 therefor of the \ I I , ,lawfully destroys ,ce, which, unless ind is liable, on i, to imprisonment lamage caused to ha, the•. offender >n conviction, to ss than five years or :ha, the offender 1n conviction, to less than seven years. I unlawfully ,ssel, using any if- e dwelling-house on or damage e of any person; and is liable, on ent for a term of d may be liable the explosion of any person , on conviction, onment for I ife; t, whether the , or a register uired by law to Penal Code (Amendment) [No 17 of2007 229 be kepr. for authenticating or recording the title to any property or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender commits a felony and is liable, on conviction, to imprisonment for fourteen years; (c) a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender commits a felony and is liable, on conviction, to imprisonment for seven years; or ( d) a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender commits a felony and is liable, on conviction, to imprisonment for seven years. (3) Subsection (2) of section twenty-six shall not apply to this section. S. The principal Act is amended by the repeal of section three hundred and forty and the substitution therefor of the rollowing new section:

340. Any person who- (a) (b) commits any nuisance or trespass in or upon any land, buildings, or premises, acquired for or belonging to any railway works; or wilfully molests, hinders, or obstructs the officer in charge of any railway or the officer's assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of any such railway; commits a misdemeanour and is liable, on conviction, to imprisonment for three months or to a fine of six hundred penalty u.nits. Repeal and replacement of section 340 Penalties for nuisance or trespass on railway works, etc

6. The principal Act is amended by the insertion immediately after section three hundred and forty one of the following new Division: Insertion of new Division VIA 230 No 17 of2007) Penal Code (Amendment) DIVISION VI A VANDALISM TO PuBLIC AND PR1VATE PROPERTY CHAPTER XXXIVA PUNISHMENT FOR VANDALISM 341 A. In this Division, unless the context otherwise requirQ:, " aerodrome" has the meaning assigned to it under scc1i,u1 two of the Aviation Act; "aircraft" has the meaning assigned to it under section ,,,,;, Interpretation Cap. 444 Cap. 444 of the Aviation Act; Act No. 13 of 2004 "computer" has the meaning assigned to it under section two of the Compu(er Misuse and Crimes A,·1. 2004; " necessary service" includcs- (a) any service relating to the generation, supply <II distribution of electricity; (b) any fire brigade or fire service; (c) any sewage, rubbish disposal or other sanitation (d) (e) (f) service; any health, hospital or ambulance service; any service relating to the supply or distribution of water; any service relating to the production, supply, delivery or distribution of fuel; (g) mining; (h) any communications service; (i) any road, railway, bridge, dam, ferry, pontoon, harbour, dock or canal; and any service relating to the aviation of aircraft; (j) Cap. 453 Act No. 12 of 2002 Act No. 28 of 1997 "railway" has the meaning assigned to it under section lhree of the Railways Act; "road" has the meaning assigned to it under section two of the Public Roads Act, 2002; " sanitation service" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997; " sewage" has the meaning assigned to it under section two of the Water Supply and Sanitation Act, 1997; "traffic signa I" ltas the meaning assigned to it under section/Woof the Public Roads Act, 2002; • ,, Penal Code (Amendment) [No 17 of 2007 231 Act No. 28 of 1997 " traffic sign " has the meaning assigned to itunder section two of the Public Roads Act, 2002; and " vandalise" means wilfully or maliciously destroying, damaging, defacing, disabling, or in any way disrupting the functioning of or impairing public or private property and in the case of a computer includes, but is not limited to, Act No. 12 of acts such as the interference with, interruption or 2002 obstruction of the lawful use of a computer by means of a computer virus or otherwise and the causing of a direct or indirect degradation, failure, or other impairment of function of a computerised system or any part thereof by means of a computer virus or otherwise. Act No. 1 2 of 2002 34 lB. The High Court shall have jurisdiction to try offences 'under this Division. Jurisdiction �f High Court 34 l C. Subsection (2) of section twe nty- six shall not apply to Non- application of section 26(2) of Penal Code Cap.87 Vandalism of public or private property necessary or incidental lo provision of necessary service Cap. 433 tl1is Division 341 D. (l) Any person who for any purpose vandalises any public or private property essential for or incidental to the provision of a necessary service commits a felony. (2) Where the property referred to in subsection ( l ) is- (a) a cable, overhead line, power line, electricity pole, pylon, transformer, pole mounted substation, substation, generating station or other property essential for or incidental to the connection, installation, generation, supply or distribution or other use of electricity, notwithstanding the Electricity Act or any other written law, the offender is liable, on conviction- (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (b) a vehicle, fire engine, appliance, apparatus, a fire brigade or other property essential for or incidental to the provision of a fire service, the offender is liable, on conviction- nent) ,RTY ·ise rcquin�•; under sccll111, �r section n,•, , I Crimes ;\,:1, n, supply or :r sanitatio11 dee; tribution ol >n, supply, pontoon. rcraft; tion three it under ;t, l 997; tion two r (' (' • I\ ( t i ' I 11 ' I l l Ill " C( I ( C ' ! " I ' ' ,, ' , ,, I ."J. ' 1! 232 No 17 of2007] Penal Code (Amendment) Act No. 28 of 1997 I I Act No. 28 of 1997 (i) to imprisonment for a term of not less than l1'11 years and not exceeding twenty-five years; "' (ii) where the vandalism causes the death of 1111,1 person, to imprisonment for life; (c) any machinery, equipment, plant or other struc1111" essential for or incidental to (i) the collection, conveyance, storage, purificati<111 or disposal of sewage; (ii) the disposal ofrubbish; or (iii) the provision of any other sanitation servic,·: notwithstanding the Water Supply and Sanitali!l11 Act, I 997, or any other written law, the offendt·, is liable, on conviction, to imprisonment for 11 tem, ofnot less than ten years and not exceeding twenty-five years; (d) any instrument, apparatus, machinery, equipment or other property essential for or incidental lo the protection or sustenance of life or for the protection of public heal ti, or for the provision of health services, the offender is I iable, on conviction- (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vanda lism causes the death of any person, to imprisonment for life; (e) a water pipe, water tank, water pump, water reservoir, water plant or other structure essential for or incidental to the purification, filtration, distillation, storage, distribution or supply of water, notwithstanding the Water Supply and 1 997 Sanitation Act, 1 997, or any other written law, the offender is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years; (I) a fuel pump, fuel tanker, pipeline, ship, vessel, vehicle, storage shed, building or place in which petroleum is stored or carried, a refinery, feed stock reserve or any other structure essential for or incidental to the storage, refinery, conveyance, distribution or supply offuel, the offender is liable, on conviction- (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or I l lment) tot Jess rhm1 11111 y-five YL'/11'.'i; 1 1 1 e death of ""' ,ther struct 1 1 1 ,, :ation scrviL'<', and Sanit.i1i1,1 1 v, the oflcnd,·, iOnment for 11 ·not exceed j 1 1 µ, nent orothcr protection or Jublic hen/tit : offender is ,s than ten years; or .th of any r reservoir, r incidental n, storage, g the Water any other viction, to years and I, vehicle, roleum is ve or any � storage, :fuel, the than ten 1ears; or Penal Code (Amendment) (No 17 of2007 233 (ii) where the vandalism causes the death of any person, to imprisonment for life; any machine, appliance, apparatus, building, erection, bridge, road, shaft or passage of a mine, rope, ehain, tackle, well or bore for water, dam, bank, wall or floodgate of a millpond or pool or any other work -or way appertaining to or used witb a mine the offender is liable , on conviction- (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the deatb of any person, to imprisonment for life; (h) a cable, wire, public telephone, telecommunications apparatus, telecommunications installations or other communications apparatus or communications installations installed, erected or operated by a telecommunications or communications service provider for the purpose of operating or sustaining a telecommunications or communications system ,or providing a telecommunications or communications service, notwitbstandipg the Telecommunications Act, Cap. 469 the Radiocommunications Act or any other written law, the offender is liable, on conviction- Cap. 169 (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life. (i) a railway, or any work connected with a railway, Cap. 453 notwithstanding the Railways Act or any other written law, the offender-is liable, on conviction- (i) to imprisonment for a term of not less than ren years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; (j) a road, bridge, ferry, pontoon, harbour, dock or canal, Act No. 12 of notwithstanding the Public Roads Act, 2002, or any other 2002 written law, the offender is liable, on conviction- . 234 No 17 of 2007] Penal Code (Amendment) Cap. 444, Cap. 445 Vandalism of public buildings, infrastructure, etc Vandalism of computer or computerised system Act No. 13 of 2004 (i) to imprisonment for a term of not less than ten years and not exceeding twenty-five years; or (ii) where the vandalism causes the death of any person, to imprisonment for life; or (k) an aircraft, aerodrome, navigation facility or any othc1 instrument, apparatus, equipment, machinery or other property essential for or incidental to safe aviation, notwithstanding the Aviation Act, the Safety of Civil Aviation Act or any other written law, the offender is liable, on conviction- (i) to imprisonment for a tenn of not less than fifteen years and not exceeding twenty-five years; or (ii) where that vandalism causes the death of any person, to imprisonment for life. 34 1 E. Any person who vandalises- (a) a church, synagogue, mosque or other building, structure or place used for religious worship or other religious purpose; (b) a cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; (c) a school, educational facility or community center; or (d) any personal property contained in any in frastructure, fac il ity, building, structure or p l ace described in paragraphs (a), (b) or(c); commits a felony and is liable to imprisonment for a term of not less than ten years and not exceeding twenty-five years. 341 F. Notwithstanding the provisions of the Computer Misuse and Crimes Act, 2004, any person who for any purpose vandalises a computer or a computerised system commits a felony and is liable, on conviction, to imprisonment for a term of not less than ten years and not exceeding fifteen years: Provided that where a computer is vandalised and such computer contains programs or data which the offender knew or ought reasonably to have known is necessary for or used directly in connection with (a) the security, defence or international relations of the State; 'llent) ss than 1c-11 e years: c11 1 ofany pl'1-., ,n.' Y or any ofli.�1 mery or 11rl1n safe avia11c111i �fety or ( '11 , 1 , te offendn ,,, :s than ti Ii,.,. 11 1ve years: HI leath or "'" 1g, struct1111· 1 er religion.•, the purposr enter; or 1structun·. cribed ;11 ,d is liabk (en yc,:irs '.ompulcr for any l system sonmenl g frftec11 nd such er knew or used ions of Penal Code (Amendment) [No 17 of2007 235 (b) the existence or identity ofa confidential source of information relating to the enforcement of criminal law; (c) the provision of necessaiy services or other public services; (d) the provision of banking and financial services; (e) the storage of confidential Government information; (I) or the protection of pub)': safety, including systems related to essential emergency services such as police and civil defeuce; the offender is liable to imprisonment for a te rm of not less than fifteen years and not exceeding twenty-five years. 341 G Any person who vandalises any traffic sign or traffic Vandalism of aland c sign s ,ignal commits a felony and is liable, on conviction, to imprisonment :::;csi_gns for a term of not less than ten years and not exceeding twenty- flve years: Provided that where the vandalism causes the death of any person, the offender shall, on conviction, be liable to imprisonment for life. . . 34 lH. (I) Any person who vandalises any light, beacon, buoy, Vandalism of ' mark or other sign or signal erected or set up for the purpose of navigation signs · • and signals on 'd · nav1gatmg a water way onor e gut ance o persons engage m water way navigation of a water way, commits a felony and is liable, on · conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years: ,, th d f (2) In this section water way includes a river, canal, a brook, stream, an artificially constructed water channel or other route for travel by water. 3411. (I) Where an offence is committed by an institution and it is proved that the offence-- Offence by body corporate, etc (a) was committed with the consent or connivance of an officer of the institution; or (b) was attributable to �eglect on the part of an officer of the institution; the officer and the institution shall be guilty of the offence. (2) In this section- (a) in the case of an institution which is a body corporate, "officer'' includes--- dcd I " I I ,· 1 , .. i do� If \Y 1: ,I'S I s/u I I I Ill i, ' ,: i, 1 · 1· i'\cr " I ' lip/, ;L i11 \ ,, II I' '( I ) i,1 fi. r c, J I )J' U 'I, ,. - I \ ' 'I ; , 1,t' ' • \ , ' , , , , ' , :1 \ :jl l ' ' i " ::11 '/ ., I ., ·Ii ! ,1 1 11 1 ) : j ,1 ' • 341 L forty or any pr< irr,,irisc 3411 comm1 341 this Di be im1 (2 enfo as ir 236 No 17 of 2007] Penal Code (Amendment) (i) a director, manager or Secretary; (ii) a person purporting to act as a director, manager or Secretary; (iii) if the affairs of the body are managed by its members, a member; and (iv) any other person concerned in the management of the body corporate; (b) in the case of an institution which is a partnership, "officer" me3.ns a partner; and (c) in the case.of an institution which is an incorporated association other than a partnership, "officer" means a person concerned in the management or control of the association. (3) W here an instit[!tion is fined in terms of subsection ( I ), that institution shall be liable, where the offence for which sentence is, passed is in respect of- (a) vandalism of public or private property essential or incidental to the provision of a necessary service, to a fine of fivehundred thousand penalty units and in the case of a second or subsequent offence, to a fine of five hundred and fifty thousand penalty units; (b) vandalism of public buildings, infrastructure or other property, in the case ofa first offence, to a fine of three hundred thousand penalty units and in the case of a second or subsequent offence, to a fine of three hundred andfiftythousand penalty units; (c) vandalism of a computerised system, to a fine of four hundred thousand penalty units; (d) vandalism of road signs and road signals, to a fine of two hundred thousand penalty units; and (e) vandalism of navigation signs and signals, to a fine of two hundred thousand penalty units. Attempts to vandalise property

341J. Any person who attempts to commit an offence under this D ivision, commits a felony, and is liable, on conviction, to imprisonment for eight years. Aiding, abetting, soliciting, etc.

341K. Any person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Division, commits a felony and is liable, on conviction, to the same penalties as if that person had been convicted of the offence. �dment) try; director, mann.uc, " ' managed by i1., Penal Code (Amendment) [No 17 of2007 237 341 L. Except as provided under section three hundred and forty one, any person who, in any manner, threatens to vandalise any property commits a felony and is liable, on conviction, to i,r . .,risonment for five years. Threats to Vandalise C o gn i z a b l e offences Forfeiture the managemc111 commits a cognizable offence. 34 lM. Any person who commits an offence under this Division

341N. (1) When any person is convicted of an offence under this Division, the Court shall, in addition to any penalty which may he imposed, order the forfeiture, without compensation of- i 1 ! (a) any property which has passed in connection with the commission_ of the offence, or, if such pr<_lperty cannot be forfeited or cannot be found, any such sum as the Court shall assess as the value of the property; or (b) any implement, tool, motor vehicle or other conveyance with which the offence was committed, or which was used in, or for the purpose of, or in relation to, or in connection with, the commission of the offence. (2) Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same provisions us in the case of the payment of a fine. s a partnership. a partnership. he manageme111 ;ection ( l ), thal ,ich sentence is Y essential or Y service, to a 1its and in the !, to a fine n/ nits; ,ture or other l fine of three !he case of a hree hundred fine of four a fine of two to a fine or ence under iviction, lo res, incites n, commir:-. :s as ifthal ,,. I I I' !' 1 " I· ,, ' I , 11 i! I fj 1 I cl II " ,j I 11 ll ,:• ii ,, ,, I ii 1; :j 11 ! II II ' ' ' j ,I 111 I "' ,I