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
THIS NEW DAWN GOVERNMENT CANNOT AFFORD THIS SORT OF PUBLICITY
TO PROVE ITS WORTH HE HAS TO BE FIRED
MONEY CHANGING HANDS SHOULD NOT BE THE ONLY SOLUTION
THR CRY IS SACK HIM
GARRY NKOMBO SHOULD BE FIRED AND ARRESTED AND SENT TO JAIL…ABASH TRIBAL IMMUNITY
Dear LAZ
You ought to know by now, the rule of law does not apply to them…
I wish one of lawyer of conscience like John Sangwa can take up this matter and deal with Gary Nkombo.
Ba New Doom nabasamwa sana together with their sichopeti leader.
LAZ should help those children take Nkombo to court instead of just quoting chapters. Take walk get details of the children and start the process.
I don’t condone the actions of Garry behaving in the same manner as Lusambo. Surely LAZ needed to condem Lusambo equally.
In this Cow Republic, there will be no punishment for the member.
both broke the law.
Donald chipenzi. Why have you gone so quite? Where are you?
So imwe tu LAZ, what do you do to a person who has committed an ILLEGALITY? You just end at issuing a statement? Can’t you clowns do private prosecution of Nkombo?
In electrical cables we have color codes blue, red and green. Green is for earthing but it doesn’t mean that green can’t conduct electricity… the color coding is there for safety. Same with society, we are coded by our positions but everyone regardless of what position are not exempt from the law of the land. Garry must be arrested. Apologies do not suffice….if so let every criminal apologize and get released.
The police must arrest him and lock him up for 48hrs. No bail for him and no immunity.
Which children are you blubbering on about you mean chaps aged 21 and 23 years old?
The woman was illegally selling alcohol which is against the law as well. Why is LAZ only focusing on Garry? There were issues on both sides.
So in Zambia if you break the law or caught stealing….do you just issue an apology ???? What message are you sending to the masses…..WHY IS GARRY NKOMBO STILL ON TAX PAYERS PAYROLL…..WHY….are we now choosing who gets arrested or do we have certain individuals who are above the law…..
#15 You see someone shoplifting in ShopRite and you take out a knife and kill him. It’s okay because he was stealing. I don’t know what law is that.
For Gods sake Deja Vu
Its Our customary Law
We know PF Ministers like Lusambo even got away with worse actions.
But Garry should just step down from his ministerial position.
Wonderful to note that with the ascent of HH to the highest office in the land a fresh breath of oxygen has been availed to many institutions that had developed cold feet and seizures of the mouths to speak!
kci – When that Bowman was kicking people at the bars during covid-19 lockdown was he punished by PF? What Nkombo did was uncalled for …it also takes a bigger man to apologise in these people’s presence..PF leaders have never apologised for the misery and debt they caused the Zambian people
If Lusambo misbehaved it doesn’t give license to others to do the same. Infact according to Upnd sychophants Lusambo is an illitrate and Nkombo as far as I am concerned is an intellectual,. so how can we compare them.
@ Deja vu: futseke iwe chi Bemba tribalist. You were all there when your own PF was commiting these same crimes and you esp you Deja Vu never condemend anything-it was all okey because being a Bemba yourself,you were a beneficiary of the PF crimes. So now we say “Futseke” you Bemba satana!
THIS IS A COUNTRY OF LAWS LET HIM BE JAILED!
HH can never and will never fire any GRZ minister for the sake of pleasing Bemba tribalists(the same people that said a Tonga will bever rule Zambi-this includes there own Chief). So iwe Deja vu go to Chinsali and arrest your own MP there.cos Gary Nkombo is going nowhere-mark my words,if he wants he can even shoot & kill someone and nothing will happen to him. Believe me! Didnt you PF kill people before and nothing happened? What u said above is utter crap. What was good for PF is good for UPND too. So dont twist things & pretend like you mean well cos u dont. No u dont! If u did,u wud ve spoken against all the PF attrocities but but u didnt & u still dont! U hypocrity son of a copper cable thief.
@Lower Zambezi: You ve no right to claim the laws of this country as you are not Zambian-shame on you. my Advice is your mother in Kinshansa can go to jail rather. And there in DRC prison,not here in Zambia cos prisons are already flooded.
#23 I don’t respond to uncoordinated rubbish.
Nkombo is a Minister. And as a graduate from University he should know that you cant arrest and pass judgement. You have to await another body for justice. While a minister like any citizen can arrest a wrongdoer, a minister is not a judge.
Mr. Garry Nkombo did not contravene any law. Everyone must carefully describe Mr. Nkombo’s actions and, read and understand the Zambian law in its entirety. I have read and understood all the reactive comments. I also followed emotional and unbalanced views of all concerned parties in terms of Mr. Nkombo’s actions. Honestly speaking, neither the emotional views nor unbalanced comments make any sense and, they fail to add any value to the cream of the matter. Most significantly, Mr. Nkombo must stop commenting on the matter at issue. Mr. Nkombo must contact his attorney and direct all concerned parties to his attorney. The lady is not a victim but a willing participant in an illegal activity and, she must be treated as such. No amount of sympathy and twisting will turn her into an…
@Deja Vu
I’m afraid you deserve some of the commements uncoordinated or not >>
I personally of the opnion with you its “Blind Faith” and not about right and wrong
SORRY 🙂
I thought Gary Nkombo was better than this. What a disappointment he is, behaving like a mercenary.
Where is the Human Rights Commission to sue Nkombo on behalf of this woman?
P.S. I admit that I haven’t seen the video so my comment is based on this LAZ article.
And this uncivilized behaviour of an entire minister going round in public chasing people and enforcing the law must stop. All trying to look popular and working hard while dancing to the gallery. What happened to law enforcement agencies (the police and the Drug Enforcement Commission)? Why can’t they do their job and the minister should be doing his job. Another Bowman Lusambo… what a failed project this thing called Zambia is!
By the way why is Kachasu is illegal but spirits and alcohol isn’t?
#30 Tikki you are entitled to your opinion. If your friend #25 calls me a tribalistic, no problem because I am the only one who knows what I am. I don’t see why anyone who doesn’t support the Upnd should labeled PF or tribal. But this doesn’t bother me, it actually bothers the accuser’s anus.
Yes he might have broken the law by forcing the woman and her children to drink the kachasu but so did the woman. If he is to be punished then so must the woman be punished. If he is taken to court and the woman refuses to testify against him and instead decides to get monetary compensation from him instead then the case will go nowhere but if the woman is taken to court by the state then she will surely be convicted. In this case therefore she has got the better deal.
Has chief Mukuni commented?