By Daily Revelation Reporter
The Commonwealth Lawyers Association (CLA) has called for a prompt, independent and transparent investigation into the fatal shooting of ex-Transport minister Mutotwe Kafwaya, including the circumstances of the security operation and the
delayed confirmation of his death.
In a statement on their post-election report on Zambia, CLA highlighted the issue of military personnel taking control of tallying centres, physical sealing of the Constitutional Court and the raid by security wings on opposition leader Brian Mundubile’s residence at which ex-Transport minister Mutotwe Kafwaya was killed.
The association also called on the Zambian authorities to restore public confidence by affirming their respect for the rule of law and judicial independence, restoring effective access to the courts and establishing an independent enquiry to consider the closure of the courts and theremoval of constitutional Judges.
They stated that they stood ready, together with other Commonwealth legal organisations, to support
independent observation of election petitions and other Constitutional Court
challenges.
They further called for urgent public assurances that all lawyers may act on behalf of their clients safely, independently and without improper interference, regardless of the political affiliation of their clients.
The association said it was deeply concerned by reports of post-election developments in Zambia that raised serious issues concerning access to justice, judicial independence
and the safety of lawyers.
The CLA’s constitutional mandate is to promote the rule of law throughout
the Commonwealth by ensuring that the people of the Commonwealth are served by an independent and efficient legal profession.
The statement on the post-election situation addressed the rule-of-law, access-to-justice and lawyer-safety
concerns only; but did not take a position on the merits of the election outcome or favour any political party.
The association referred to matters which had taken place, which it said taken together, required urgent attention.
”These include but are not limited to: (1) the deployment of the army during the election, including military personnel taking control of tallying centres in Mufulira and the deployment of armed military vehicles in parts of Lusaka; (2) serious incidents and procedural irregularities during the counting and tabulation and alleged breaches of ballot-box security, giving rise to concerns about the transparency and credibility of the electoral process,” the statement read in part. “(3) an armed raid on 14 August 2026 on a property linked to the opposition presidential candidate, during which former Cabinet Minister Mutotwe Kafwaya was fatally shot by law enforcement; (4) to the physical sealing and cordoning off of the Constitutional Court, Supreme Court and local courts by heavily armed police on 24 August 2026, the last day for filing presidential
election petitions challenging the election outcome; and (5) reports that lawyers seeking to file election petitions, have left Zambia because of concerns for their personal safety.”
CLA argued that taken together, these developments raised serious concerns that the rule of law had been undermined in Zambia.
Zambia hosted the Commonwealth Law Conference in 2019
Taken together, these developments raise serious concerns that the rule of law has been undermined.
Zambia is a member of the Commonwealth and hosted the Commonwealth Law Conference in 2019.
The CLA condemned any actions, by whomever committed, that undermined access to justice and calls for election petitions, where lawfully brought and permitted by the Constitution of Zambia, to receive full and independent judicial consideration.
”The CLA is also concerned by the timing and manner of the removal of experienced judges from the
Constitutional Court of Zambia and by Parliament’s ratification in May 2026 of the appointments of 40 new judges across the superior courts, particularly where those courts may be required to determine constitutional and election challenges,” the statement read in part. “The independence of the judiciary, and the ability of the courts to uphold the rule of law and hold the Executive to account, are fundamental to democracy under the rule of law. These developments engage fundamental Commonwealth and international standards governing the
independence of the judiciary and the legal profession.”
The Commonwealth Lawyers Association is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth by ensuring that an independent and efficient legal
profession, with the highest standards of ethics and integrity, serves the people of the Commonwealth.
