The Bill seeks to amend the Bail Act, (Act No. 18 of 1994) to make the offences of kidnapping for ransom or knowingly negotiating to obtain a ransom under the Kidnapping Act, 2003 (Act No. 21 of 2003) non-bailable offences for a period of sixty days, but thereafter bail may be granted at the discretion of the High Court. The Bill will also make certain violent offences (including possession of a firearm or ammunition without licence, certificate or permit under the Firearms Act, Chap. 16:01, or trafficking in a dangerous drug or being in possession of a dangerous drug for the purpose of trafficking under the Dangerous Drugs Act, 1991, (Act No. 38 of 1991), or kidnapping at common law or assault occasioning grievous bodily harm) non-bailable offences where a person has been convicted on two prior occasions for any of those offences or a combination of those offences arising from a single incident. The Act is intended to remain in force for a period of two years form the date of its coming into force.
The Act would be inconsistent with sections 4 and 5 of the Constitution and is therefore required to be passed by a special majority of three-fifths of the members of each House.