The Law Association of Zambia (LAZ) has said that the actions of Minister of Local Government and Rural Development, Honourable Gary Nkombo, in which he was seen ordering a woman and her children to drink the illicit traditional brew known as “kachasu” which the woman is accused of illegally brewing and selling are not only illegal but constitute a form of pre-emptive punishment against the woman, without subjecting her to the judicial process.
In a statement released to the media, LAZ said that the Minister is not an authorized officer for purposes of enforcing the provisions of the said Statute as defined under Section 2 of the Act, and as such, it was not within his mandate to purport to enforce the provisions of the Act.
LAZ has since urged
PRESS RELEASE BY THE LAW ASSOCIATION OF ZAMBIA CONDEMNING DEGRADING AND INHUMANE TREATMENT OF A WOMAN AND HER CHILDREN BY THE MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT HONOURABLE GARY NKOMBO
The Law Association of Zambia (LAZ) is deeply concerned with the contents of a video circulating on social media depicting the Minister of Local Government and Rural Development, Honourable Gary Nkombo, MP carrying out an operation with Lusaka City Council Police officers. In the short video, the Honourable Minister is seen ordering a woman and her children to drink the illicit traditional brew known as “kachasu” which the woman is accused of illegally brewing and selling.
The Minister is heard in the video, accusing the woman of trying to “kill” other people’s children in an apparent vengeful justification for his ordering the said woman and her children to drink from a cup containing the said substance.
While LAZ does not condone any activity from any person which is contrary to the provisions of the law, LAZ expects that Government and all its officials, Ministers included, to obey the laws of the land even when dealing with citizens accused of breaking the law.
In terms of Section 34(1) of the Liquor Licensing Act No. 20 of 2011, the manufacture or production of any alcoholic drink without a licence is prohibited. Further, Section 34(2) of the same Act prescribes a fine where a person is convicted of the offence.
However, we note that the Minister is not an authorized officer for purposes of enforcing the provisions of the said Statute as defined under Section 2 of the Act, and as such, it was not within his mandate to purport to enforce the provisions of the Act.
LAZ strongly condemns the Honourable Minister’s actions, which are not only illegal, but constitute a form of pre-emptive punishment against the woman, without subjecting her to the judicial process. This is contrary to the presumption of innocence enshrined under Article 18(2) of the Constitution. Additionally, the humiliating conduct amounting to degrading treatment or punishment is expressly prohibited under Article 15 of the Bill of Rights as guaranteed by the Constitution.
It is the view of LAZ that the actions of the Honourable Minister undermines the Rule of Law and Constitutionalism in the country. We, therefore, urge government officials to desist from executing their functions in an arbitrary manner, but instead execute their official duties within the confines of the law whilst respecting rights of the citizens of this country.
Dated this 27th day of April, 2022.
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Sokwani Peter Chilembo
