LAZ CALLS FOR INDEPENDENT INVESTIGATION INTO THE DEATH OF HON. MUTOTWE KAFWAYA AND FULL RESPECT FOR THE CONSTITUTION
FOR IMMEDIATE RELEASE
LAZ CALLS FOR INDEPENDENT INVESTIGATION INTO THE DEATH OF HON. MUTOTWE KAFWAYA AND FULL RESPECT FOR THE CONSTITUTION.
The Law Association of Zambia (“LAZ”) has noted with grave concern the circumstances surrounding the death of the late Hon. Mutotwe Kafwaya, former Member of Parliament for Lunte and former Minister of Transport and Communications, as well as the subsequent arrest and detention of several persons reportedly arising from a security operation conducted by law enforcement agencies during the election period.
LAZ is particularly concerned by the delay in confirming and publicly accounting for the circumstances surrounding the shooting that resulted in the death of Hon. Kafwaya. Of equal concern is the apparent inconsistency between information that has subsequently emerged and earlier public statements made by senior Government officials, including the Permanent Secretary in the Ministry of Defence, Mr. Maambo Haamaundu; the Permanent Secretary in the Ministry of Home Affairs and Internal Security, Mr. Dickson Matembo; and the Permanent Secretary in the Ministry of Information and Media, Mr. Thabo Kawana, at Maina Soko Medical Centre.
These circumstances raise serious questions which cannot be left to speculation, competing narratives or assertions by interested State agencies. The circumstances surrounding the death of Hon. Kafwaya must be established through an independent, transparent, impartial and credible investigation.
LAZ therefore, calls for an immediate and independent investigation into the death of Hon. Kafwaya, including the circumstances leading to the shooting and the circumstances in which lethal force was used. Article 12 of the Constitution of Zambia, Chapter 1 of the Laws of Zambia (the “Constitution”), protects the right to life while recognising limited circumstances in which the taking of life may be justified, including where the use of force is reasonably justifiable in the 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.
LAZ fully recognises the constitutional responsibility of the State to preserve peace, maintain law and order, prevent crime and protect national security. Law enforcement agencies must be able to act decisively where there is a genuine threat to public safety. However, national security cannot be invoked as a blanket justification for unlawful conduct, excessive use of force, arbitrary arrest, prolonged detention or the denial of constitutional rights. National security is not a licence to disregard the Constitution. The exercise of State power must at all times remain subject to the law. The State cannot simultaneously demand public confidence in its security institutions while failing to provide a credible and independent account of the exercise of those powers where a citizen has lost his life.
LAZ is equally concerned about reports of the arrest and prolonged detention of persons in connection with these events. Articles 13 and 18 of the Constitution protect personal liberty, due process and the protection of the law.
Persons arrested must be informed of the reasons for their arrest and, where they are not released, must be brought before a court without undue delay. Persons accused of criminal offences are entitled to a fair hearing and to the presumption of innocence until proved guilty or until they plead guilty. These are constitutional guarantees binding on every organ and agency of the State.
LAZ therefore, calls upon all law enforcement and security agencies involved in these matters to ensure that every detained person is afforded prompt access to legal representation; all detained persons are brought before a competent court within the period prescribed by law; and that no detained person is subjected to torture, cruel, inhuman or degrading treatment.
LAZ further calls upon Government and all relevant State agencies to fully cooperate with the Human Rights Commission in the exercise of its constitutional mandate in relation to any human rights violations arising from these events when requested to do so. Other competent oversight and investigative institutions must similarly be allowed to exercise their lawful mandates without obstruction, interference or intimidation.
Accordingly, LAZ urges the relevant authorities to act without further delay and to ensure that the circumstances surrounding the death of Hon. Kafwaya, including the arrests and the security operation, are fully established through lawful, independent and credible processes.
LAZ will continue to monitor these developments and will not hesitate to discharge its statutory and constitutional mandate where fundamental rights, the rule of law and the administration of justice are at stake.
LAZ requests all state agencies involved in the security operation to account for all persons that could have been arrested, injured or in custody, and their whereabouts disclosed to the nation.
We extend our deepest condolences to the family, friends and loved ones of the late Hon. Mutotwe Kafwaya and join the nation in mourning his untimely passing.
This Press Statement is issued pursuant to section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia.
Issued this 20th day of August 2026