By Mwansa Kaumba
The EU is gravely concerned about the death of former cabinet minister and MP Mutotwe Kafwaya after a fatal shooting during what the state described as a ‘security operation’ the day after the August 13 polls in Zambia, said Michael McNamara, the EU election Chief Observer, in an interview on Diamond Breakfast TV.
Speaking with hostess Malama Mukonde, McNamara said: “The death of Mutotwe Kafwaya is of grave concern (to the EU). Ultimately when a citizen dies at the hands of the state certain things must be done.
The EU parliament member for Ireland added: “in the case of Zambia we understand there must be an inquest, we hope it’s done. The law needs to follow its course.”
An inquest is a formal judicial inquiry conducted by a coroner or court to establish the facts of a sudden, violent, unnatural or custodial death – the identity of the deceased, when and where death occurred, how it happened, and whether any force used was justified, proportionate and lawful.
There has been a huge backlash about arbitrary arrests in Zambia in the aftermath of the August polls.
The EU Observer Mission Final Report this week was the climax in the raging debate from international community members such as the UN, AI, CLA.
On the after-poll acrimony, McNamara said: “there has to be transparency and accountability (regards Kafwaya). In a democracy nobody is above the law. This (Kafwaya death) is an instance where the state used force, but it has to be made clear and determined whether the use of force was proportionate or not.”
He added: “It’s a huge source of concern when anybody loses their life during an election or at the hands of State force and of course there were other deaths in these past elections apart from Kafwaya. Justice must be done and seen to be done.”
The EU EOM Final Report released November 03, 2026 on Zambia’s polls makes 13 recommendations for improving elections, eight of them priority.
The mission said the elections were competitive with 14 presidential candidates and ECZ was generally well prepared, but found deep structural flaws:
Police bias and cadreism restricting opposition, misuse of state resources at major campaign rallies with government vehicles and officials in eight provinces, an ECZ presidential campaign timetable that restricted opposition freedom of assembly while President Hichilema and his Vice-President were not subjected to same restrictions.
ZNBC bias giving President Hichilema 96.2% airtime despite legal obligation for equality, opaque results tabulation with 6-hour suspension of presidential tally on 14 August.
Failure to publish polling-station results online in usable format, heavy military presence in totalling centres, and application of Cyber Security and Cyber Crimes Acts that chilled free expression.
Priority recommendations include revising the electoral legal framework well before elections, ensuring transparency in decision-making, protecting assembly by discontinuing ECZ campaign timetables, disengaging ZNBC from direct government control into a genuine public service broadcaster.
Aligning cyber laws with international commitments, guaranteeing unhindered observer access, guaranteeing effective due process for petitions, and protecting voter will through transparent tabulation.
The Diamond TV breakfast show observed that for the first time in 62 years of Zambia’s independence, a death of a former member of parliament Kafwaya got “no minute of silence” or respect when parliament resumed sitting this year.
Brian Mundubile, and his vice Makebi Zulu with 16 others remain in detention without seeing a judge trial today for 71 days.
McNamara also emphasised that in the period of campaign in 2017 in Zambia when incumbent president Hichilema was arrested, the EU “passed a resolution” to support his release, the same way they are calling for accountability now.
McNamara said the EU shall “closely watch” the ongoing trial of Mundubile Makebi and 16 others.
