LAZ Calls for Independent Probe into Death of Mutotwe Kafwaya and Respect for Constitution

The Law Association of Zambia (LAZ) has called for an immediate, independent and credible investigation into the death of former Lunte Member of Parliament and former Minister of Transport and Communications, Hon. Mutotwe Kafwaya.

In a statement, LAZ said it is concerned about the circumstances surrounding the shooting that resulted in Mr. Kafwaya’s death, as well as the subsequent arrest and detention of several people reportedly linked to a security operation conducted during the election period.

The Association said there are apparent inconsistencies between information that has subsequently emerged and earlier statements made by senior Government officials, including Defence Permanent Secretary Maambo Haamaundu, Home Affairs and Internal Security Permanent Secretary Dickson Matembo and Information and Media Permanent Secretary Thabo Kawana.

LAZ said the circumstances surrounding Mr. Kafwaya’s death should not be left to speculation or competing narratives, but must be established through an independent, transparent and impartial investigation.

The Association said Article 12 of the Constitution protects the right to life, while recognizing limited circumstances in which the use of lethal force may be justified. It said whether the force used in this particular instance was lawful must be objectively established through evidence and appropriate legal processes.

LAZ also stressed that while the State has a constitutional responsibility to maintain law and order and protect national security, national security cannot be used as a blanket justification for unlawful conduct, excessive use of force, arbitrary arrests or prolonged detention.

The Association further expressed concern over reports of arrests and prolonged detention of persons connected to the events.

LAZ called on law enforcement and security agencies to ensure that detained persons are given prompt access to legal representation, brought before a competent court within the period prescribed by law, and protected from torture or cruel, inhuman and degrading treatment.

The Association has also urged Government and relevant State agencies to cooperate fully with the Human Rights Commission and other oversight institutions investigating possible human rights violations.

LAZ further called on all State agencies involved in the security operation to account for all persons who may have been arrested, injured or remain in custody, and to disclose their whereabouts to the nation.

The Association said it will continue monitoring the developments and will exercise its statutory and constitutional mandate where fundamental rights, the rule of law and the administration of justice are at stake.

LAZ has extended condolences to the family, friends and loved ones of the late Hon. Mutotwe Kafwaya.