The Law Association of Zambia (LAZ) has expressed grave concern over the circumstances surrounding the death of former Lunte Member of Parliament and former Minister of Transport and Communications, Hon. Mutotwe Kafwaya. The Association has also raised concerns about the subsequent arrest and detention of several people reportedly linked to a security operation conducted by law enforcement agencies during the election period. LAZ says the delay in confirming and publicly accounting for the circumstances surrounding the shooting that led to Kafwaya’s death raises serious questions that require clear answers. The Association has therefore called for an immediate, independent, transparent and credible investigation into the incident. It has stressed that the facts must be established through lawful processes rather than speculation, competing narratives or statements from interested State agencies.
According to LAZ, particular concern has arisen from what it describes as apparent inconsistencies between information that has subsequently emerged and earlier public statements made by senior Government officials. The officials identified by the Association include Permanent Secretary in the Ministry of Defence Mr. Maambo Haamaundu, Permanent Secretary in the Ministry of Home Affairs and Internal Security Mr. Dickson Matembo and Permanent Secretary in the Ministry of Information and Media Mr. Thabo Kawana. The Association said these statements, including information provided at Maina Soko Medical Centre, have contributed to questions about the circumstances surrounding the shooting and Kafwaya’s death. LAZ believes these questions cannot be resolved through public speculation or competing accounts. Instead, it says an independent investigation should establish a clear and evidence-based account of what happened.
The Association has specifically called for an investigation into the circumstances leading to the shooting and the manner in which lethal force was used. LAZ pointed to Article 12 of the Constitution of Zambia, which protects the right to life while recognising limited circumstances in which the taking of life may be legally justified. The constitutional framework allows for the use of force where it is reasonably justifiable in the circumstances, but LAZ emphasised that whether the force used in Kafwaya’s case was lawful must be determined objectively. That determination should be based on evidence and appropriate legal processes rather than assumptions about the security operation. The Association’s position places the protection of life and accountability for the use of State power at the centre of its call for an independent investigation.
LAZ acknowledged that the State has a constitutional responsibility to preserve peace, maintain law and order, prevent crime and protect national security. Law enforcement and security agencies must be able to respond decisively when there is a genuine threat to public safety. However, the Association warned that national security cannot serve as a blanket justification for unlawful conduct, excessive use of force, arbitrary arrest or prolonged detention. It stressed that national security does not give State institutions permission to disregard constitutional protections. According to LAZ, the exercise of State power must remain subject to the law, particularly when that exercise results in the death of a citizen.
The Association also linked public confidence in security institutions to transparency and accountability. LAZ said the State cannot expect citizens to maintain confidence in its security agencies while failing to provide a credible and independent account when someone loses their life during a security operation. A transparent investigation could help determine whether security personnel acted within their legal powers and whether the level of force used was necessary and proportionate to the circumstances. It could also provide answers to the family of the late Kafwaya and the wider public. Establishing the facts through an impartial process would therefore be important for both accountability and public confidence in State institutions.
LAZ has also raised serious concerns about reports concerning the arrest and prolonged detention of people connected to the events. The Association referred to Articles 13 and 18 of the Constitution, which provide protections relating to personal liberty, due process and the protection of the law. It emphasised that people who are 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. Those accused of criminal offences are also entitled to a fair hearing and the presumption of innocence until they are proved guilty or plead guilty. These constitutional safeguards apply to every organ and agency of the State and remain important even when authorities are dealing with national security concerns.
The Association has called on law enforcement and security agencies involved in the matter to ensure that every detained person receives prompt access to legal representation. LAZ also wants all detainees to be brought before a competent court within the period prescribed by law. In addition, it has stressed that no person in custody should be subjected to torture or cruel, inhuman or degrading treatment. These protections are fundamental elements of the rule of law and are intended to prevent abuses of State power during investigations. Ensuring that detainees receive proper legal protection would also allow the courts to independently assess the legality of arrests and detention.
LAZ has further called on the Government and relevant State agencies to cooperate fully with the Human Rights Commission when the Commission exercises its constitutional mandate in relation to possible human rights violations arising from the events. The Association said other competent oversight and investigative institutions must also be allowed to carry out their lawful responsibilities without obstruction, interference or intimidation. Independent oversight can play an important role when allegations involve State institutions or security agencies. Such oversight can help establish whether constitutional and legal standards were followed during an operation. LAZ’s call therefore extends beyond the immediate investigation into Kafwaya’s death to the broader protection of human rights and institutional accountability.
The Association has urged the relevant authorities to act without further delay and ensure that the circumstances surrounding Kafwaya’s death are fully established. This investigation, according to LAZ, should cover the shooting itself, the use of lethal force, the security operation and the subsequent arrests and detentions. A comprehensive investigation would allow authorities to examine the events as a connected sequence rather than addressing individual aspects in isolation. It could also help identify whether any laws or constitutional rights were violated and determine what further action may be necessary. LAZ has made clear that it intends to continue monitoring developments and will use its statutory and constitutional mandate where fundamental rights, the rule of law and the administration of justice are at stake.
LAZ has additionally requested that all State agencies involved in the security operation account for every person who may have been arrested, injured or taken into custody. The Association wants the whereabouts of such individuals disclosed to the nation, reflecting its concern about reports of arrests and uncertainty surrounding the people affected by the operation. Establishing an accurate record of those detained or injured is an important part of ensuring accountability and protecting individual rights. It can also help families determine the status and whereabouts of relatives who may have been involved in the events. Clear information from State agencies would therefore contribute to transparency while reducing the risk of misinformation and speculation.
The death of Mutotwe Kafwaya has raised significant questions about the use of force, security operations and the protection of constitutional rights in Zambia. LAZ’s call for an independent investigation reflects its view that these questions require answers from a process that is transparent, impartial and capable of establishing the facts. At the same time, the Association has recognised the legitimate responsibility of the State to protect national security and maintain public order, while insisting that such responsibilities must be exercised within the law. The rights of arrested and detained persons must also remain protected regardless of the nature of the allegations or security operation involved. As investigations and oversight processes continue, an independent and credible account of events will be essential to protecting public confidence and upholding the rule of law.
LAZ concluded its statement by extending its deepest condolences to Kafwaya’s family, friends and loved ones and joining the nation in mourning his untimely passing. The former Lunte MP and former Transport and Communications minister’s death has created a difficult moment for his family and the wider Zambian public. The Association’s call for an independent investigation reflects the need to establish the circumstances of his death while ensuring that constitutional protections remain in place for everyone connected to the matter. The outcome of a credible investigation could provide clarity on the shooting, the use of lethal force, the security operation and the reported arrests and detentions. For Zambia, ensuring that these issues are addressed transparently and according to the law will be important for accountability, justice and continued confidence in the country’s democratic and legal institutions.