Fred M’membe Urges DPP to Seek Inquest Into Mutotwe Kafwaya’s Death

Socialist Party president Fred M’membe has asked Zambia’s Director of Public Prosecutions to seek a High Court order for an inquest into the death of former transport minister Mutotwe Kafwaya. M’membe says three months have passed since Kafwaya was fatally shot during a State security operation, without a court examining the use of force. In a letter delivered to the National Prosecution Authority and recorded by its registry on Wednesday, M’membe asked the DPP to apply under section 33 of the Inquests Act. Kafwaya, a former Lunte MP, died on August 14 during a joint security operation at a house in Lusaka’s Kabulonga area, the day after the general election. Police confirmed his death five days later. M’membe’s letter says no inquest has been opened. A postmortem was conducted, but its findings have not been made public, and Kafwaya’s family has said it was not allowed to have its own pathologist present. The letter also notes that, to public knowledge, no officer involved has been named, suspended or charged. The politician contrasted that lack of scrutiny with the State’s response to other people at the property: the Government announced on August 16 that 11 people there had been arrested and 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,” M’membe said. He argues that the Inquests Act requires a coroner to hold an inquest where there is reasonable cause to suspect a violent or unnatural death, and that police must notify a coroner when they learn of such a death. The letter says the law’s provision for postponement applies only when someone has been or is about to be charged with the deceased’s murder or manslaughter; M’membe says no such charge has been made. The application he is seeking would ask the High Court to order an inquest if it considers one necessary or desirable. M’membe also points to the constitutional protection of the right to life and the limits on the use of force. His request calls for a formal examination of the circumstances of Kafwaya’s death; the article does not report that the DPP has agreed to make the application.