THE DEATH OF HON. MUTOTWE KAFWAYA
On Saturday, it will be three months since former Cabinet Minister and Lunte Member of Parliament Hon. Mutotwe Kafwaya was shot dead during a state security operation in Kabulonga, Lusaka. Our thoughts remain with his widow, Mrs Dinis Ng’andu Kafwaya, and his children.
Almost three months on, no inquest has been opened. The postmortem findings have not been made public. As far as the public knows, no officer involved has been named, suspended or charged.
The law is clear. Section 4 of the Inquests Act says that where a person dies a violent or unnatural death, the coroner shall hold an inquest as soon as is practicable. Article 12 of our Constitution protects the right to life and permits force only where it is reasonably justifiable. Whether the force used in Kabulonga met that test is for a court to decide, in public. It cannot be settled by silence.
Within two days of the operation, eleven people present at the house were arrested and told they would face charges. Three months later, the force that ended Hon. Kafwaya’s life has not been examined by any court. The law must apply to all.
Today, I delivered a letter to the Director of Public Prosecutions, asking that office to apply to the High Court, under section 33 of the Inquests Act, for an order that an inquest be held.
We ask the Human Rights Commission, which the Government says is overseeing the police investigation, to publish what it has found. We ask the Church, the legal profession and all parties to speak with one voice on this single demand: that the law be followed. And we ask President Hichilema, as Head of State and Government, to let the law take its course.
On 20 August I wrote that no crime can be committed in the name of elections or law enforcement. I say it again. Hon. Kafwaya’s family deserves the truth. So does Zambia.
Fred M’membe
SP President
