By Lovemore Lubinda
LUSAKA — The Zambian Government has expressed condolences to the family of former Cabinet Minister Mutotwe Kafwaya, while the country’s top lawyers are calling for an independent investigation into the circumstances of his death during an election-period security operation.
Speaking to journalists in Lusaka on Thursday evening, Secretary to the Cabinet Patrick Kangwa said the state was “deeply saddened” by the loss of Kafwaya, who previously served as Minister of Works and Transport and former Lunte legislator.
“Government deeply regrets the death of Kafwaya. Out of respect for the family and the ongoing investigations, we will refrain from making any further comments on the circumstances at this time,” Kangwa said.
He urged the public to allow police and security agencies to complete their work and to avoid spreading unverified information online.
The statement comes as the Law Association of Zambia (LAZ) said it was “gravely concerned” about the case. In a statement issued 20 August, LAZ called for an immediate, independent, transparent and credible probe into the shooting that killed Kafwaya, and into the arrest and detention of several other people linked to the incident.
LAZ cited delays in accounting for what happened and what it described as inconsistencies between information now emerging and earlier public statements by three senior officials: Defence Permanent Secretary Maambo Haamaundu, Home Affairs Permanent Secretary Dickson Matembo, and Information Permanent Secretary Thabo Kawana, made at Maina Soko Medical Centre.
Citing Article 12 of Zambia’s Constitution, which protects the right to life, LAZ said lethal force is only justified in limited circumstances.
“Whether the force used in this particular instance was lawful is a matter that must be objectively established on the evidence and through the appropriate legal processes,” the association said.
“National security is not a licence to disregard the Constitution,” LAZ added, noting that State power must remain subject to the law.
The lawyers’ body also raised concerns over reported prolonged detentions.
Referencing Articles 13 and 18 on personal liberty and due process, LAZ called for detainees to be informed of charges, brought before court without undue delay, granted legal representation, and protected from torture or inhuman treatment.
LAZ further urged Government to cooperate with the Human Rights Commission and other oversight bodies, and requested that authorities account publicly for all persons arrested, injured or in custody.
Meanwhile, addressing the wider post-election environment, Kangwa appealed for national unity and warned against rising online hostility.
He condemned social media posts promoting hatred and threats against leaders, saying “calls for homicide or the assassination of the President are criminal acts” that will be prosecuted.
He also commended the Electoral Commission of Zambia, security personnel, observers, media and voters for their role in delivering peaceful elections.
LAZ said it would continue to monitor developments and act to defend the rule of law.
It extended condolences to Kafwaya’s family and the nation.
