The Civil Society Constitution Agenda (CiSCA) is perplexed by the Zambia Police Service’s reluctance to summon and interrogate Patriotic Front member Mr. Chishimba Kambwili over his hate and tribal campaigns which led to his suspension by the Electoral Commission of Zambia (ECZ) from engaging in all forms of campaigns for close to a week.
The lifting of the suspension by the ECZ and the apology made by Mr Kambwili do not obliterate the offence he committed of hate speech against the Tonga people. The Police must still follow due process, summon Mr Kambwili, interrogate him, and hopefully charge him.
Despite complaints lodged against Mr Kambwili at the Police Service by concerned citizens one of whom is Thabo Kawana Media Director of the UPND Alliance on Kambwili’s hate speech against a section of the Zambian society contrary to the provisions of the Penal Code Section 70, Public Order Act Section 13, and the Electoral Code of conduct as provided for in the Electoral Process Act Section 107 subparagraphs 11 and 15, the police seem very reluctant to prosecute the matter as noted by their failure to summon Mr Kambwili.
We have noted that the police are quick to arrest then investigate allegations of criminal conduct purported by opposition political cadres but then follow the tedious policing procedure of investigating before arresting a ruling party cadre who is alleged to have committed a crime. Are there now two Zambias? One for the ruling political party cadres and the other for the opposition? It is grossly unacceptable and unconstitutional for the Police and the ruling party to create a situation where some Zambians are more equal than others before the law. The seeming reluctance by the police to enforce the law against people associated with the ruling party like Kambwili despite blatant breach of the law is violation of the principles of the rule of law. No matter the indignation by the many spokespersons of the ruling party against the 2021 Amnesty International Report, a well governed nation is a nation of laws which are applied fairly and equally. It is amazing how the police have developed cold feet in arresting Kambwili when not too long ago, when he was in opposition Kambwili was their regular suspect.
As CiSCA we demand for the immediate summoning of Mr Kambwili to respond to the allegations contained in the lodged complaint against him by Thabo Kawana among other citizens.
If the police do not do the needful CiSCA will petition them, to at once respect the law of the land by enforcing it without fear or favour or consideration based on political affiliation.