By Musukwa Frank- Disability Youth Activist
In connection to the recent incident that happened in Sesheke District in Western Province of Zambia, in which a Blind man Fanwel Kamamba happened to accidentally axed his One Year old Granddaughter to death when splitting firewood and thereafter ended up under police confinement with no clear consideration of the situation that resulted to the unforeseen misfortune, We in the Zambian Disability fraternity would like to show our dissatisfaction over the manner I which Mr.Kamamba’s case has been handled by police and the relevant authorities.
In the essence of legal illustration, we consider this an accident and not an intention and the fact that he was blind and unable to see makes it un-thought for the police to take such a magnitude of action that resulted to his imprisonment.
Zambia’s recent achievement in the ratification of the UN-Convection for the Rights of Persons with Disabilities stands out to test the readiness of the Zambian Government to act on any Disability Rights violation by its Agencies ad institutions. Owing to the importance spreading information on the importance of the CRPD in the protection of the rights of PWDs in Zambia.
Considering that under the legal mechanisms through which Mr. Kamamba could access justice are less thought for, Article 12 clause 4 of the CRPD stipulates that
“States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate
and effective safeguards to prevent abuse in accordance with international human rights law.Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person’s rights and interests’’
Immediate action needs to be taken to enable Mr.Kamamba to enjoy his rights as he await justice since in simple terms,the situation in which the offence was committed was clearly under risk due to the continued negligence by government, no the provision of viable services for PWDs to live substantial lives.
Its also a call to the Zambia Human right Commission and all its affliations to take a stong stand on the police’s action and secure the immediate release of Mr. Kamamba on conditions that he was not in capacity to commit the crime without the influence of his disability.
Its therefore our wish that such loopholes within the government’s instruction that do not grantee PWDs access to justified legal procedures and actions.
Is there a complainant who reported the matter to police?
This were I have a problem with the disabled. They want to be treated differently when it suits. This man did not know that he was blind before picking up an axe? The case should just be reduced to man slaughter before we have every blind person commiting crimes and blaming it on being blind. How did he manage to have children if he was that blind?
Can you wipe your ass with your eyes closed? I am just trying to show you how stupid your question is in case you cant figure that out wise guy
The man does not have a sense of sight but the sense of smell is high on him. he should have smelt the presence of human being around him. So the execuse or reason given that he is blind must be ruled out.
How can a blind man cut firewood or even have sex so i smell a rat or is it a kolwe in this mans action. Arrest him and in prison he might say what lead him to do that, fulunyemba
Iwe do you use eyes for sex. Some blind people in rural Zambia work hard, almost comparable with able-bodied men, not every blind man is a street begger. Mulekwatako amano pakulanda ba kolwe
Such an accident can happen to anyone, blind or in wheel chair. Accidents happens, but question do Police lock up everyone? I hope such an accident don’t happen to Sata’s cousin.
I think they should let him go. The act alone is troubling for the man. Lets be Christians and not judge
the police have the mandate to act according to the law, here i cant blame the police, they are just doing their job. what did these guys expected? the police to go there and see he is blind and leave him? hell no, this is murder and the police carry investigations of such nature while the suspect is already incarcerated. probably they will reduce the case to man slaughter and the courts may consider his cirmstances and even let him free on probation or something. the police dont interprete the law, the courts do!
Dr Mwazawamba, that is excellent. Many people just blame the police for nothing or out of ignorance, or/ and hatred. The police take everyone to be innocent, but the courts prove all suspects to be innocent or guilty. That man is innocent, but he is just a suspect and the courts of law will pass their judgement, Someone as asking if there was a complainant. Yeas, in this case, the state is the complainant and this case in non bailable.
For real!
the so called disabled are the worst culprits doing wrong things in this country, who knows maybe he was paid to kill the innocent child for rituals or he is practsing rituals himself, muntu na blood yake nipatali !!!! can the Police investigate before releasing this blind man please!
Just because you happen to be blind does not mean you are rendered completely useless! We talk as if we are not from a country where some of our best musicians such as Lazarus Tembo and PK Chishala were not blind and yet could play any musical instrument better than any of you can. It is not surprising that he was chopping fire wood. Some people are even ignorant enough to say that a blind person can not have sex! I bet such a person is a pf supporter who believed that Ukwa and his cohort of clowns were a better bet than RB and his learned cabinet.
If the girl was axed or hit more than once then there is an issue.
TO EVERY CRIME THERE ARE INVESTIGATIONS ANY WHERE IN THE WORLD.
WHAT IF IT WAS INTENTIONAL UNDERCOVER OF BLINDNESS. OR MAY BE HOW DID HE SEE THE TARGET. WHY DID HE AXE HIS HAND IF HE COULD TELL THE DIFFERENCE BETWEEN FIREWOOD AND FRESH ????
I dont want to be making useless comment whole respecting your freedom of expression but its foolishing thinking to say we persons with disabilities want to be treated in special way. You are saying UNZA denied me opportunity to study law is that been treated special way? I have worked hard in life evn to be here in Ireland for studies then you say your rubish. In Zambia there is too much discrimination against people with disabilities. In court how many judges know sign language? Its important you do research before making stupid judgements in advance. No body wishes to be a disability mind you. Shame to be Zambian person living with disability. No equal opportunity, no equal human rights where??????
In UK blind people are given walking cane yet in Zambia its dishearting to see children suppose to be in school are busy beeging on street. why abusing rights of innocent children becuase their parents are blind? Government must woke up and address plights of persons with disabilities. Here there is need to challenge eniveronmental and legal barriers that hidden full participation of persons with disabilities in mainstream society. Speaking for myself as Deaf persons i dont see myself to be treated in different way but due to discrimation i have the right to claim my rights to be respected
Sure!
I understand that it was purely an accident, but the fact that he is blind as stated in the article, he should have been cutting fire wood without help from an adult who can see clearly to help guide him.On the other hand i understand he was trying to help probably been doing so until then. I understand the charges where not fare , He should be charged with some thing lesser lets say involuntaly man slaughter. I believe that if you do the the crime you must do the time. Surprisingly, the article does not say anything about the child’s rights whose life was cut short apart from saying it was an accident. Everybody is focused on mr kamambas rights. Of cause he has rights ,the baby has rights too”RIP BABY”. I also agree that the Gov should provide better sevices for its pipo
whoops! i meant shouldn’t( in the second line of my comment.)
Are some of you bloggers really this ignorant? Many blind people are able to live their lives without assistance in most matters, and chopping firewood (and having sex) are not the most difficult. People with disabilities often adapt to their situation, although that can depend on when one was disabled, and how long they’ve lived with the disability. That doesn’t mean you can smell how close another person is, or even that they’re there, @3.The little girl may have just wandered over, and if he was splitting wood, he may not have heard her. And, the man has to live, don’t blame him for chopping wood.The baby has rights, but it was accident. I pray for the baby, and for the poor grandfather. Zambia does need more services for the disabled, who are more likely to suffer abuse.
wat effort did he make to avoid the accident?this is an extreme form of negligence and reckless behaviour.the man has been detained bcoz any action that results in death is first treated as murder then tried accordingly.he must answer a few questions though.i smell first degree murder coz there is a possibility of protest in the case.hw many strokes did he make on the said fire wood?has anyone ever witnessed a blind man engaging in such a dangerously physical job?i still smell a rat.
The blind man cutting Firewood………:(( ????? how possible is that?
The Blind man and the Axe…. … is it me or my cocktail. Maybe i need to sober up alittle. Defence of disability how ironic…….