The Law Association of Zambia has said that the directive by Inspector General of Police Kakoma Kanganja’s to bar Zambia Police officers from marrying foreiners is discriminatory and contravenes the provision of article 23 of the constitution in the Bill of rights.
In a statement released to the media and signed by LAZ President Linda kasonde, LAZ said that there is no such law in existence that bar Zambia Police officers from marrying Foreigners.
Last week, a Zambia Police memo circulating on social media indicated that the law stated that no police officer should marry a foreigner.
Police spokesperson Esther Katongo explained that by law, police officers are forbidden to marry foreigners by sections three and five of the Police Act.
“Issues of security are delicate. If not careful, spouses can be spies and can sell the security of the country,” she said.
“It is true that this provision has always been there. Now it seems some officers are ignoring it that is why an internal memo had to be issued to remind them.
It is a standing order passed for security reasons,” she said.
Ms Katongo said sections three and five of the Police Act gives power to the Inspector General of Police to come up with a standing order to guide the running of the police.
Below is LAZ ‘s full statement
DICTATORS NEVER WANT TO FOLLOW THE CONSTITUTION. LUNGU WITH PF POLICE FORCE ARE READING THINGS IN REVERSE
Put the law in then! Its a good law.
Linda is wrong.
The bill of rights allows officers to dress in PF T-shirts on duty. But ZP don’t allow.
If Law has no code of conduct, like marrying PF cadres, then LAZ has no ethics.
It’s unethical for ZP to be marrying crooked Kasai.
Linda is now wrong. ‘Preventing neglect and promoting efficiency and discipline of police officers in the discharge of their duties’ includes barring them from marrying ba Kasai. The Bill of Rights is not universally applicable, even when it appears to do so. A prisoner cannot vote. It may be Law by letter, but the spirit of the law is also important. So, we should amend the Constitution and say that security officers should not marry foreigners. What kind of nation would have to prescribe common sense?
Aren’t we mixing two issues here, that is policy and law?Yes, there may not be a specific law or constitutional clause that forbids the marrying of foreigners by police officers, but certainly there is law that deals with national security matters in Zambia. It is up to the high command in the security Wings to assess the security vulnerabilities and come up with POLICIES that counters or minimizes such security exposures. For as long as such policies are within the Law. Not exactly spelled out, even in the construction, as some want to think. Because no Country on earth legislate like that. And Me Kasonde as learned lawyer should know that.
It is folly to think that the security of any Country on earth should play second fiddle in the name of the “bill of rights”. Without national security, no amount of human/civil rights will mean anything to anybody.
If anyone in the security Wings feels they can not live with the policies that govern such institutions, they always free to resign and go on and enjoy their lives outside of such institutions. But to say govt institutions can’t formulate POLICIES that suits their MANDATED MISSIONS is really misdirected and counter-productive. How voluminous would our constitution be if everything (policy and all) have to be spelled out?
The issue then is that our Politicians forgot to put in those policies or necessary laws in place. So we are not covered. With reference to this case, if no law exists, let’s not be surprised that proactive IG is coming up with his own rules, directives, call them how you want.
The Zambian political scene seems confused, from the Concourt ruling to people coming up with their own rules. Everyone seems to interpret things differently
JESUS….what is wrong kanshi pa Zed?
The republican constitution is the supreme law of the land and as such any law that comes into conflict with the supreme law must be deemed as null and void. Thus, the devilish law by Kanganja must be considered ignored and condemned in strongest possible terms
1.7 @DOMBWA . Dont confuse LAW and POLICY. The LAW governs the conduct of the country while a POLICY governs the conduct of an organisation. What you should understand is that if you work in the intelligence service even having a girl friend who is a foreigner is not allowed and it is world over. we live in a crooked world where people are employed as SPIES. It is highly irresponsible to leave the security of the country at risk in the name of human rights.
@Mwakale your
Illiteracy levels is a danger not only to society but to your self and your future generation. Cursed be the day you dropped out from school. What do you know about Law and Policy….. where on earth have you seen the supreme law of the land conflicting with the Organization’s policy? What do you know about the bill of rights? What do you about dual citizenship? what do you know about global Human rights treaties that Zambia is part of? what kind of nonsense is this iwe Mwakale
Linda is confused. These so called learned lawyers or liars are a problem. Those who are in the police and want to marry foreigners or are married to foreigners should quit their jobs and join LAZ who accept such nonsense.
it is not the matter of law and constitution bt that is inside rule which every jim and jack should follow its like a company any company have rules and regulation so madam KASONDE AND LAZ know your limit any organisation has rules and guildline so there no need to refer to constitution
Zambia police need to exert all their energies in combating corruption within their ranks.
Professional conduct and ethics is what’s needed and not controls on who the poor young cops aught to fall in love with.
Which national security are people talking about? When you have a drunk and thief in State House who gets kickbacks from foreigners and you are still worried about national security! Are you Zambians daft or what???
@2.1, I don’t know about the daftness of the Zambians collectively, but what I surely know is that you are a pillock…!
This woman is such a Fraud and a Real Fake. She rushes to comment on trivial things on the pretext that the public sent inquiries to LAZ.
Is she telling us that no one sent inquiries to LAZ about the more important issue of Lungu’s eligibility for 2021? I don’t think so. No doubt tis woman is partisan. She only comments on issues that are anti-Government establishment. When she knows that the Government is right, like Lungu’s eligibility for 2012, she folds her tail and goes quiet.
She is a phoney and a fake and I wish elected leadership like hers came with 30 days money back gauarantee and am sure competent people in LAZ would have take her back and demanded their money back.
PF 1MBECILE, I also wish that elected leadership like your drunkard visionless, annoited and convicted embezzler come with 30 days money back guarantee
Who doesn’t know about the Gun totting hustlers who go threatening anyone trying to make sense? She has a family and you only live once. Time itself is enough check and balance, especially if the name of God is used in vain.
PF Cadre… you been unfair to Linda. The issue you are asking her to comment on, she did what more do you want? fight your battles without dragging others to your pit
Mis Kasonde ‘Anyother is too broad and can include anything!
any other can not be taken to mean an exception that contradicts the overarching rule if Sect23
Thank you LAZ!
We have no foreigners in Zed! We know how other nationals became holders of NRCs in suspicious circumstances and helped to decide an election outcome!
The IG is therefore misguided to issue such a MEMO!
Some sense once again…
Well said Ms Kasonde Esquire(ess)
You are increasingly agreeing that PF is murdering the law and Constitution in Zambia. Regain your sanity!
Kasonde waste of sperm
chipuba iwe…
The same should apply to officers in the defense force who are not allowed to marry other-ranks (Soldiers) This is also a constitutional matter that needs to be fully exhausted. If anything, these are Pre-Independence laws that forbade white officers from marrying ‘foreigners’ (Zambians)
In a Constitutional Democracy like Zambia the Constitution is Supreme and the Police Act and Statement are subsidiary an unconstitutional in this case. The Bill of Rights which is an integral part of the Zambian Constitution gives all of us Rights to be heard in a Court of Law, to go to church of our choice, to marry a woman of our choice, to belong to a Political Party of our choice, to vote for a candidate of our choice etc. On this basis HH & GBM have a Constitutional Right to be heard in Court. Illegitimate Lungu is violating the Petitioners’ Rights to be heard in Court. Illegitimate Lungu stole the Election and was illegally and unconstitutionally inaugurated. If Ecowas,SADC,AU,UN, EU etc believe in Constitutionalism then Lungu should be de-recognised becoz he is illegal and…
You started well my friend and just spoiled it towards the end and left a bitter test in our mouth. You really ended badly and all the good things you stared with have just been thrown. Get over the election issue and move on..you will still be singing the same stolen votes till 2021. Meanwhile Au congratulated Edgar Jameson Lungu
The language of thieves: move on and stop protesting the injustice done to you, so that we can steal from you again in the future.
Sometimes I get giddy with Madam Kasonde. Widely it appears she is correct but only from a nit picking aspect.
It’s clear that the Inspector understands that some are married to foreign wives and thus has asked that they declare it. That proves that the Inspectors directive is NOT saying there is a Law preventing marriage to foreign wives but that from a security point of view it must be declared.
How people have interpreted the directive and relayed it in their own language of understanding does NOT negate the purpose of such a directive being brought up. National Security is an issue and even before Mata Hara the cunning vixen Spy that nearly took down the West before her execution, there has been need to watch out for foreign spy’s.
In the USA, a ring of attractive Russian women had infiltrated top USA Politician lives and were exposed and expelled only recently. Infiltration IS an issue in the Security arena and we must not be too generous. Identify the wives and issue warnings to Police against Pillow Talk while under the influence and whilst inflicto derilector(spelling! Pardon).
In flagrante delicto, correct phrase and spelling.
@ Zambian 1mbecile Abroad
Please, read PART III of the Constitution of Zambia before showing your inbred 1mbecility
Never in the history of governance have i come across a party that is as clueless as the pf. One minute PF government says one thing then the next we are told by specialists in the field that indeed no such law exists. Why doesnt the pf first seek guidance from educated people whether in oppostion or not before making silly statements. Look how embarrasing this is. Zambia is lost under lungu. the sooner we impeach that rat the better
This was a Police matter NOT government guys!
Meant , Mata Hari who was a professional dancer and mistress who became a spy for France during World War I. Suspected of being a double agent, she was executed in 1917.
In agreeing with@Patriot Abroad ,the declaration by IG h has nothing to do with so called Bill of Rights but the better good of country’s security.History is full of instances where people in influencial positions have fallen hopelessly in love to the extent of marriage only to discover albeit very late that they have been usedto destabilize their own countries. This was used to great effect during the world wars and the cold war.
zambians should learn to differentiate facts & issues from personalities. yes on several issues, ms kasonde has been a disgrace as laz president but on this particular issue, she is correct. whether the police has had such regulations for a long time or not, they are unconstitutional. you dont need to be a lawyer to grasp that. there is so many areas that the police can focus on to improve secury but this foreign spouse issue is definatitely not one of them. my guess is some senior police people have some bone to chew with some collegue married to a foreigner & they have decided to resolt to this outdated policy out of mischief. trust me- there is nothing serious to it and is just as petty as they come.
Are police officers not under national security?Police should also follow the same law as there colleagues under national security(Not dating or marrying foreigners)
for those blindly singing the security tune, here is some fact for u- no country in the world has the capacity to absolutely protect against infiltration. not the usa, not israel not north korea and therefore if zambians think they can do it by stoping foreign wives, then we are more gulible than i have always thought. when it comes to security, we are in the stone age compared to americans or the jews but yet both america & israel do not have such achaic regulations. we should ask ourselves why.
But do you leave the doors to your house wide open just because thieves/thugs can use windows to get into your house at night? What kind of logic is that?
You try by all means to seal as loophole as possible, don’t you????
@ Yambayamba
Security? What the f*ck you are blabbing about. We are living in 21st Century. Just go on “Google Earth” and enjoy areal view of ZAF absolute MIG’s parked in perfect line.
WAKE-UP
The only foreign woman a Zambian policeman can afford to marry is a Zimbabwean woman. So I don’t understand the fuss about this. Laz should advise on more serious issues.
You must start travelling and learning quickly. What secrets can surely be in Zambia to even stop Police Officers from marrying officers. This is a small country with nothing. You must start travelling to appreciate issues. You are just inconveniencing people
IF ONLY CURSED ZAMBIA HAD A LAWYER OF LINDA KASONDE’S CALIBE IN STATE HOUSE, ZAMBIA WOULD NO LONGER BE RULED BY THE LAW OF THE TAVERN, where all the Republican President does is Drink, Dance, Embezzle, & lower the Standard of living for fellow Citizens, whilst having an endless Party, & aimless tourism.
Laz is correct. Even though the Referendum for an Expanded Bill of Rights failed there is still a Bill of Rights with limited Rights which is administered by the High Court. That Bill of Rights gives us Rights to freedom of speech,Rights to marry wives of our choice, Rights to go to Court and be heard, Rights to go to Church of our choice etc. Lungu is violating the Rights of Policemen to marry wives of their choice. HH & GBM have got a Right to be heard in Court but illegitimate Lungu is violating their Rights which is illegal and unconstitutional.
You hopeless bloggers. Linda is just explaining the law to you. She isn’t enacting a law. Stop lambasting her. Just explain your understanding of the law
Hule you cannot talk about 3rd term you havent State Securities Act!
Linda picks on petty issues but opts not to issue a statement on Lungu and his eligibility to stand in 2021 elections. She’s now compromised by PF. LAZ is ma rubbish.
Yes, Lungu needs to deliver on his promises, and not give excuses due to his ineligibility.
It’s too early to discuss Lungu now, so I support Linda for not intervening.
🙂 OK !
What of the ministers who being bonked by foreigners including pastors. Are they not endangering the security of the nation as well ? ganti yazuna they reveal things… Kanganja ma labishi of an IG WORST IG in the history of this country…
I am not sure that Linda Kasonde knows what she is saying. Look at the last sentence of her first paragraph. She concludes that THEREFORE the directive is discriminatory on the BASIS of marital status (just that alone). Now Linda, just a correction, the reported discrimination is NOT on marital status. Marital status simply means married and NOTHING TO DO with marriage to a foreigner or local. No one is discriminating against married police officers at all in .the way Linda puts it. Please read your statement again and tell us something more legal.
I agree. Actually marital status means the state of being married, single, divorced, separated or widowed. It has nothing to do with WHO or WHAT you have married (e.g. ‘married to a foreigner/’on separation from a dog’, etc), as the case maybe. Therefore, much as she has quoted the Law against discrimination in relation to the directive, Linda’s conclusion, in the main, is WARPED…!
Oh by the way, why does Linda open her mouth on this one when she and LAZ have unfinished business of their own? What I mean is why is LAZ not hearing the disciplinary case of Martha Mushipe up to now?
Until LAZ hears the case of Martha Mushipe, they have no right to hear any other case or comment on any public legal debate be it discrimination in police or Mr Lungu’s qualification to stand again in 2021.
Hey Mule, until Con. Court hear and determine petition they should not hear another case?
In other words LAZ deal with Martha first.
All Linda is saying is simple. There is no Law that advocates for that. If it is an issue, then make one. Simple!
There is no primary law that directly states that Police officers may not marry foreigners. What must be understood is that some primary laws give power to certain persons to make subsidiary legislation or secondary rules, regulations, directives, orders or standing orders. For example, a clause from the initial Education Act/law, may give the Inspector of schools power to make regulations (without specifying them) that enhance discipline in schools. Similarly, the Inspector General of Police, under the Police Act may do the same. But the gist of it all is that any such subsidiary rules/regulations should not breach other higher laws, e.g. rights in the supreme law, the Constitution. They should also be reasonable and not repugnant to good conscience. In short, the IG’s standing order…
…. breaches the right to marry, right to a family life etc. It goes against the grain of good values that can reasonably be expected in a civilised society. Its an abrogation of good conscience and what is humane. You may have power to do something, but it cannot be ‘willy nilly’ or indiscriminate. It has to pass the test of higher prevailing laws or what is reasonable. The IG’s directive is primitive to say the least. What security?
I like this Linda girl. She speaks sense and she is not compromised. Keep strong girl Linda
@ Uncle Charles
Good that you are talking about the spirit of the law regarding policemen marrying what you call “Kasais”. Now, wisen up and apply the same principle to the 2 terms law and advise Chagwa he does not qualify to run again.
For what he puked against Tongas on the 2016 campaign trail, Chimbwili Kashimba should have gen charged with unlawful verbal “ukunya” for menacing and harassment of Tongas, pure hate crimes. The bigotry & hatred That baboon manifested have no place in a civilised society — especially in Zambia. Crimes of hate must never be tolerated & when they do, those responsible must be brought to justice.”
Was it the LAZ legal committee that came up with such an uninformed position? So LAZ doesn’t know that you can’t be a diplomat if you’ve never been married? or that you can’t be a bank manager if you’re not married? or that a teacher can’t wear jeans in class? or that you can’t be admitted into nursing school if you’re a single mother? This is the problem of having an institution whose leader’s allegiance is to GBM who paid her school fees, she can’t see things properly. The onus is on senior counsels to state the true position. Prof Mvunga, Dr Julius Sakala, Bonaventure Mutale, Eric Silwamba, Matthews Ngulube, Annual Silungwe, Ernest Sakala, Kabazo Chanda, etc, what have you to say
Ba LAZ you have become USELESS, this police issue is just affecting a few policemen, which when compared to the Zambian population maybe termed as personal. WHY DON’T YOU COMMENT ON ISSUES THAT AFFECT THE WHOLE ZAMBIAN POPULATION, LIKE THE ISSUE OF ECL CONTESTING THE PRESIDENCY FOR THE THIRD TIME IN 2021.
You are busy with irrelevant issues, it’s just logic that a police officer,Army officer and OP guys can’t marry a foreigner for national security reasons, PERIOD…..Does this require an official statement from LAZ. A STATEMENT ON USELESS ISSUES SO THAT YOU CAN BE SEEN TO BE DOING SOMETHING.
I report for work at 8 and knock off at 4.
Some report at 7.30 and knock off at 5 or 6
What does your constitution say?
Mixed marriages can be exotic. Mixed marriages can be eye catching. Mixed marriages can be sanctuary. Mixed marriages can also be dangerous. Like it or not, mixed marriages exist in law and in practice. It is not correct for any individual to suggest that spouses of foreign origin represent a major security risk. What is accurate is to advise intending spouses to operate within the law. Any criminal conduct must be punished, regardless of the origins of the criminals. If the criminals are foreigners, then they can be deported back to their own countries of origin after serving their sentences. LAZ is on the right track.
@27.1 ECL, the HH petition was disposed of by the Concourt. If HH did not bother to present evidence during the time limit of 14 days that is his indaba. As for the Mushipe case, LAZ is mute even though Mushipe has not even submitted an exculpatory letter. So how can LAZ see a speck in the IGs eye but fail to see the big log in their own eyes?
The probability of a police constable divulging secrets to his foreign wife is ZERO; the probability of a famished, mis-educated, unqualified, compromised, corrupt and incompetent Inspector General of Police divulging secrets to an American journalist is 100%.
In any case, Zambia is an open book. In other words, it has no secrets worthy of classification as such. If you want to know the number of troops in any service unit, just google. If you want to know the equipment deployed in any unit, just google; if you want to know the proficiency and morale in any any unit just google; if you want to know the shenenigans of high ranking and government offices, just google!
In the first place this wasnt supposed to come out in public. The police has its own internal regulations, but why coming out in public, and giving people (foreign police wives) ideas? LAZ has got nothing to do with police internal affairs. There are 2 things… Constitution for Zambians and Constitition for Security wing (police). These are 2 diffrent things
Linda should have just kept quiet on this issue, like she did on the issue of the third term plans by ECL than embarrass LAZ on a straight forward issue like this one. Protection from discrimination on the ground of race, tribe, sex, place of origin, marital status, political opinions, colour or creed is provided for under Article 23 of the Constitution of Zambia. The Constitution actually allows discrimination for members of the disciplined force, such as the Police on aspects itemized in Clauses (4), (5), (6) and (7) of Article 23.
Section 3(2) of the Police Act empowers the IG TO MAKE SUCH ORDERS AND INSTRUCTIONS, as HE OR SHE MAY DEEM expedient for preventing neglect and promoting efficiency and discipline of Police Officers in the discharge of their duties. So if the IG deems…
So if the IG deems marrying foreigners may compromise discipline of officers and therefore is a security risk, he is constitutionally authorized to prescribe for stopping such a practice. Linda is just bluffing.
23. (1) Subject to clauses (4), (5) and (7), a law shall not make any provision that is discriminatory either of itself or in its effect.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that it makes reasonable provision with respect to qualifications for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established directly by any law.
(6) Clause (2) shall not apply to anything which is expressly…
(6) Clause (2) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision or law as is referred to in clause (4) or (5).
A civilian will always be one like Linda and her friends. Knowing your quick response to mislead mmm. The police command referred to some Zambia police act did you look at them? I don’t like how most civilians look at issues of security.
It is not a worthwhile issue for the LAZ lady to dwell upon for long as I considered it a cautionary comment because one may end up with a spy as a wife and you start wondering how inside information finds itself at the market place.
If you have tattoos on your body and its physical you are not going to be employed as a Police OFFICER in the United Kingdom. This is a policy, though its against human rights or bill of rights. Bakasonde can you comment on this and challenge the Metropolitan Police in UK
The view of the learned Lawyer hiding in the name of LAZ is flawed. The article she is quoting is concerned with the status of Police Officers but not the spouse who is a third Party. Discrimination against marital status of someone simply means whether one is single, married, widowed, divorced, etc, is not a factor & should not be discriminated against, but who someone marries still remains a factor. Should one who desires to marry own child or spouse of same sex or parent or foreigner be allowed to break other laws to avoid lesser evil of discrimination? The answer is no. Should Police Command stop issuing orders including of matching, parading because they are not in Constitution?
I cannot fathom how some bloggers cannot understand that power may be given to make regulations, yes, but the said regulations have to be reasonable and not be in breach of other laws or common sense. Your argument amounts to stating that having powers means you can use them in any way – which is completely wrong. Discretion is not unfettered. Banning people from marrying persons of their choice is not what may be deemed reasonably required in a democratic society – not even for the so-called security. Do you have to be married to a police officer to be a threat? It is simply unjustified and primitive in this time and age. Preposterous! It breaches choice, privacy and right to a family life.
Some people are comparing this to a ban on tattoos or certain dress. How simplistic. This is about family life. Why should marrying a foreigner necessarily affect ‘police efficiency’ or security? It could affect the same by marrying a rogue Zambian. What next? Only right-handed people should join the police?
The Police Force is right. Don’t play around with the security of the country, marrying rogue zambians is different from marrying foreigners. And by the way, why foreigners? Don’t you have in any way beautiful and or handsome men to marry around here in the land as a result you admire foreigners? For what? Love? Really? You must be misled. Remember, even God did not allow his people to marry out of their own nation!! Read the bible, do not rush like blind people in the name of globalisation as you are forcing many things to be nowdays! Be, wise, classify and catalogue issues! Otherwise …………