The family of slain UNZA student Vespers Shumunzhila has spoken out after she was linked to some underground opposition activities whilst at the University of Zambia.

Last week, outspoken EPP leader Chilufya Tayali sensationally claimed that Vespers was part of a clandestine movement sponsored by UPND leader Hakainde Hichilema which was recruiting students to the UPND.

But Vespers’s Father, Davison has finally opened up about the daughter’s death and denounced attacks by Mr Tayali.

In an emotional statement issued over the weekend, Mr Shumunzhila said his daughter was never involved in any political activities.

“Of particular concern to the family are statements attributed to a politician and activist Chilufya Tayali that our daughter Vespers was involved in clandestine activities. He further alleges our daughter was an agent of a named political party. Is this allegation confirmation that Vespers was specifically targeted and killed due to these suspected activities? If so, who targeted her and was this killing legal?”

“Why didn’t the state investigate, arrest and prosecute her for the same if at all indeed she had committed any crime? Surprisingly, the police have not come out to warn this activist to stop issuing such serious allegations. Is this a systematic way of trying to cover her unjust death?” He questioned.

Below is the full statement issued by Mr Davison Shumunzhila, Father to late Vespers Shumunzhila

STATEMENT BY THE FAMILY OF THE LATE VESPERS SHIMUNZHILA

The Family of Vespers Shumunzhila, the university of Zambia student who died on 5th October 2018 issue this statement to correct many falsehoods and half-truths that have been circulating in the media. The family has remained silent on the matter because we are still mourning. We are in deep shock and sorrow following the loss of our beloved one in such a tragic and unfortunate manner.

Firstly and foremost, the Family would like to sincerely thank all persons, organizations and institutions that rendered material, financial and moral support during this period of mourning. We would like to specifically thank the Government of the Republic of Zambia and the University of Zambia for providing financial and logistical support during the funeral in Lusaka and Namwala. We thank all government officials, politicians and political parties, civil society organizations, the church, the management, lecturers, staff and students of the University of Zambia, friends and relatives who came to mourn with us at the funeral house, at the church service in Lusaka and at the burial site in Namwala. We pray that God’s blessings be with you all. We would not have managed to put our beloved daughter to her final rest without your assistance and support.

Our daughter Vespers Shimunzhila was born in 1993 and raised in our under-privileged family in Kantengwa area of Namwala District, Southern Province. She was the third born in a family of ten siblings of Mr. and Mrs. Davison Shimunzhila. Vespers was outstanding amongst all her siblings. She exhibited discipline, intelligence, and hard work from a very young age. She was devoted to Christian teachings and was a full communicant member of the Seventh Day Adventists, the church to which all family members congregate. Her discipline, intelligence and hard work saw her progress from Kantengwa, a primary school that does not have any electricity lighting, to Kasenga and Njase Secondary during her secondary school life. For tertiary education, she studied at Rusangu University for one academic year. She then applied and was accepted at University of Zambia the following year to pursue a degree in Education with specific focus on Adult Education.

As a poor family, we will not shy to state that Mr. and Mrs. Shimunzhila struggled to raise funds to meet the school requirements for our daughter Vespers. Much as she was on government bursary, there were other school expenses that were not covered. As poor peasant farmers, securing funding for her school requirements was always a challenge.

Sometimes, we had to incur debts to pay for her school requirements. In most cases she went to school with inadequate funds, but would never complain. Instead she would always assure us that the family’s financial problems would be alleviated once she completed her course and get employed. She did not leave to see that day, because someone terminated her life in the most painful manner. We did not invest in our daughter’s education expecting a return. We did it so that she could move out of the vicious circle of poverty. Our prayer was that she could pass on the gesture to her siblings and other members of the extended family in future. Sadly, this was never to be.

A few days before the tragic incidence the father Mr. Davidson Shimunzhila phoned his daughter from Kenya where he was attending a short course training in agriculture. During their cellphone conversation, Vespers pleaded with her father that the family start preparing for her graduation. The father assured her that we would raise the required funds for her graduation. Around 07:00 hrs on 5th October 2018, whilst in Kenya, the father got a phone call from Flare his wife and Vespers ‘mother that Vespers was dead! He was devastated and confused. His wife Flare told him that their daughter died in a room at a University hostel after the room was engulfed with teargas, smoke and fire. This allegedly happened after the police moved into campus to quell a riot by the students. The father was surprised because our daughter Vespers was not of riotous behavior.

When the father reached Lusaka, He was briefed that the state decided to carry out a post-mortem before the body could be handed over to the family. This, the family was informed, that it was mandatory when the state has reason to suspect that a death was not by natural causes. Since the notice was short, the family could not get independent medical experts to witness the autopsy. However, two family relatives witnessed the autopsy. A third party with medical expertise also witnessed the autopsy. From the witnessing of the autopsy, it seemed that Vespers sustained other fatal injuries in addition to teargas suffocation! The family will not give any detail on this as it is a subject on an ongoing investigation.

The pathologist issued a certificate of death and promised that the detailed post-mortem report would be ready within three days. After this period elapsed, a family member was sent to collect a copy of the autopsy report. The member was referred to the police as they were now the only ones with custody of the report. The police refused to avail a copy of the report to the family. Their fear was that the document may not be secured and if it leaked, it would jeopardize the investigation. The family insisted on even just having sight of the document to compare with what was observed during the autopsy. This, the police also denied the family.

We do appreciate that this may be standard police procedure, but we are worried as a family. This is a peculiar case where the complainant is the state, the investigator is the state police, and the prime suspect is the police.

We were informed that the police have different units and can and do investigate each other. But, ultimately, all police departments report to one command. Is this not conflict of interest? The police has not been forthcoming to the family with the status of the investigation. There is no organized liaison between the investigating team and the family.

To add to our concerns, the police high command has not come out strongly against the actions of police officers deployed to quell the riots on that fateful early morning. There have been statements attributed to high ranking government officials throwing the blame to students’ riotous behavior, and very little or no comments regarding the actions of the police. Would this not influence public opinion and the investigation?

Faced with this dilemma, the family decided to commence its own fact finding. Eyewitness accounts indicate that our daughter, Vespers Shimunzhila was sleeping in her room with other students on that fateful night. She was nowhere near the scenes of the riots. Eyewitness accounts also indicated that police fired teargas canisters into October 2 hostel of the University. Following that, two rooms caught fire and teargas and smoke engulfed a number of rooms of the hostel. Later, fellow students found our daughter Vespers in a kneeling position, unconscious. She was in nightwear, indicating that she was not at the scenes of the riots. The students rushed her to the university clinic, but she never regained consciousness.

The police did not do much to secure a possible scene of a crime. Pictures of civilians inspecting the scene started appearing on social media. As a result, evidence may have been contaminated and lost. Our enquiries indicate that police did not interview possible eyewitnesses more than four days after the incidence. There is no statement from the police as to who was in charge of the operation and what the orders for the same were.

Amidst silence from the police, a number of people have continued to issue statements and opinions on this sorrowful case. A few comments have been sympathetic to the family, the student populace and others affected by this death. Other statements have been very painful to the family as they paint Vespers as a political agent. Others suggesting that she was involved in clandestine activities. There is no truth to all these statements. The police have not issued any warning to stop such statements. The family is still in mourning. We request that people refrain from making such negative and unfounded accusations of our dearly departed family member. Vespers can no longer speak for herself. The family may be forced to seek legal redress against any person or persons who continue to issue negative unsubstantiated statements about Vespers. Please, please, let the soul of our daughter rest in peace.

Of particular concern to the family are statements attributed to a politician and activist Chilufya Tayali that our daughter Vespers was involved in clandestine activities. He further alleges our daughter was an agent of a named political party. Is this allegation confirmation that Vespers was specifically targeted and killed due to these suspected activities? If so, who targeted her and was this killing legal? Why didn’t the state investigate, arrest and prosecute her for the same if at all indeed she had committed any crime? Surprisingly, the police have not come out to warn this activist to stop issuing such serious allegations. Is this a systematic way of trying to cover her unjust death? A number of influential persons who are not part of the police investigations have also been issuing statements and opinions about the circumstances of Vespers’ death. Through this, won’t the police investigations be influenced to end up just validating these statements and opinions?

We would like to put the record straight.

1. Vespers did not have any medical history of Asthma
2. Vespers was not a student militant. She was not involved in the riots of October 5, 2018
3. Vespers was not a political activist. She did not even have a voter’s card. She did not drive to enable her organize Avondale area as alleged.
4. Vespers was a servant of the lord Jesus Christ. She could not be involved in clandestine activities.

Since there is a lot of public interest in this case, we request that government urgently institute an inquest. That way, members of the public who are not within the police investigation target may be availed chance to give evidence.

We also request that the police avail a copy of the post-mortem report to the family without further delay. Failure to this, the family may have no other option, but to reveal the findings of the post-mortem as witnessed.

We also appeal to Government to find a lasting solution to minimize student unrest at the University of Zambia and other institutions of higher learning. We are concerned as parents about statements indicating that government should cease funding to students at UNZA. Our daughter Vespers’ death would be in total vain if a multitude of students from poor families lose their bursaries and are dropped from UNZA. Vespers’ death should not be used to justify the use of education as a tool of class differentiation. As we live with the lifelong pain of losing our beloved daughter, we as the Shimunzhila family continue to look forward to a Zambia that is characterized by universal access to education. Should we not dream of a Zambia where are daughter of a peasant farmer can become a medical doctor, a son of a street vendor can become an engineer and an orphan can become a top lawyer rising to the position of Chief Justice of the Judiciary, just to mention a few? Countries such as those of South-east Asia that have experienced high rates of economic growth in the last five decades are characterized by huge spending in public education. It would be very sad if Zambia takes the opposite direction.

Finally, we would like to make profound appreciation to all organizations that have come out strongly to show support in pursuit of justice for our daughter Vespers. We make specific mention of the Human Rights Commission who are conducting their own investigations, the Law Association of Zambia who have pledged legal support for Vespers’ cause, the NGOCC, and a pressure group called Voice of Vespers who have commenced advocacy activities for our dearly departed daughter.

The family will draw on all these resources and would welcome any further support, no matter how little. A formal organized structure may be formed to steer a holistic approach to ensure that justice is served for Vespers.

The cardinal question is “WHO WILL SPEAK FOR VESPERS?”

We the family of Vespers say “WE WILL”

We appeal to anybody who feels an injustice occurred in this incidence to reply,

“I WILL”

The family will issue updates on the matter whenever necessary

We Thank You
Issued by

Davison Shimunzhila
Father to late Vespers Shimunzhila
Supported by family members:
Panister Shimuzhila
Bradford Malumbe
L. Shantebe Chiinda

19th October, 2018.

President Edgar Lungu says he owes no one an apology for declaring October 18 a national day for prayer, fasting, repentance and reconciliation.

President Lungu said the observance of the day of national prayer will continue to be upheld annually.

He said this at Lilayi United Church of Zambia (UCZ), where he attended a special church service.

President Lungu castigated political leaders who instructed their party members not to attend the recently held day of national prayer, fasting, repentance and reconciliation.

He wondered why some leaders have decided to politicize the day of national prayer.

The Head of State said it is a shame that political leaders can sink so low as bar members from attending a national event.

He stressed that seeking the face of God is a personal decision as such no person should hinder others from freely worshipping God.

President Lungu urged members from political parties that discourage its membership from observing the day of national prayers to wise up and abandon such parties.

He advised them to join political parties that openly join hands with the Christian Community in worshipping God in time of need.

President Lungu said God answers prayer when a nation calls upon him.

He commended Christians who turned in numbers to observe the day of national prayer.

And speaking earlier, UCZ Senior Bishop Sydeney Sichilima commended President Lungu for showing love to the vulnerable by sharing part of his proceeds.

Rev Sichilima said a number of people have been assisted and supported through the Presidential Empowerment Initiative Fund programme.

The Clergyman pointed out that the Head of State has demonstrated true love by giving to the poor.

He encouraged the congregation to emulate the works of Jesus by showing love to all classes of people in society.

And Bishop Sydney Sichilima has commended President Edgar Lungu for embracing different church denominations in the country.

Reverand Sichilima said President Lungu has demonstrated the heart of a father by attending church services at different denominations, adding that the Head of State has extended his visitations to other faiths.

Rev Sichilima noted that the UCZ is gratified with the President’s love for God.

Rev Sichilima thanked President Lungu for helping the Lilayi United Church of Zambia complete the construction of the church.

 

Governance, Elections, Advocacy, Research Services Initiative is hopeful that the reports, if true, that the opposition in Mangango Constituency of Kaoma District in Western Province intends to petition the nomination of the ruling party candidate, Godwin Putu, who was said to have been duly nominated by the Electoral Commission of Zambia (ECZ), over his perceived non possession of the Grade12 Certificate as required by the Constitution for one to duly participate in an election, will not only expose the weakness in Zambia’s electoral vetting system but also clean up the possible confusions in the nomination processes in future.

GEARS Executive Director McDonald Chipenzi said the fact that Mr. Putu was declared duly nominated by the ECZ after presentation of his papers to the Returning Officer and later his nomination triggered questions on his eligibility to contest the election due to his alleged lack of a Grade 12 certificate and now attracting a possible nomination petition in the Courts of law should tickle electoral stakeholders to push for serious review of the country’s nomination vetting process in the electoral process, which for a long time, has undermined electoral Justice in the country.

Here is a full statement

PRESS STATEMENT

FOR IMMEDIATE RELEASE

21ST OCTOBER, 2018

GEARS Initiative Questions Zambia’s Electoral Vetting Process of Candidates during Elections.

The latent legal confusion in the nomination process with regards the nomination petitions and the timeframe on their conclusion is not only a huge cost to the Electoral Commission of Zambia (ECZ) and the national treasury but the candidates, political parties, electorates and election monitoring oriented civil society organisations too.

Governance, Elections, Advocacy, Research Services (GEARS) Initiative is hopeful that the reports, if true, that the opposition in Mangango Constituency of Kaoma District in Western Province intends to petition the nomination of the ruling party candidate, Mr. Godwin Putu, who was said to have been duly nominated by the Electoral Commission of Zambia (ECZ), over his perceived non possession of the Grade12 Certificate as required by the Constitution for one to duly participate in an election, will not only expose the weakness in our electoral vetting system but also clean up the possible confusions in our nomination processes in future.

The fact that Mr. Putu was declared duly nominated by the ECZ after presentation of his papers to the Returning Officer and later his nomination triggered questions on his eligibility to contest the election due to his alleged lack of a Grade 12 certificate and now attracting a possible nomination petition in the Courts of law should tickle electoral stakeholders to push for serious review of the country’s nomination vetting process in the electoral process, which for a long time, has undermined electoral Justice in the country.

Although article 52 (4) of the Constitution provides that, “a person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgement, this set out period to hear, and probably determine the nomination petition lodged within seven (7) days after declaration of validly nominated candidates, coincides with the closure of the campaign period, the ECZ usually declare to the candidates and political parties to canvass electoral support and also to holding of the election itself.

Further, the prescription by the Constitution that “where a candidate becomes disqualified after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty (30)days of the filing of the fresh nominations”, exposes great weakness in our nomination law and promotes resource wastage not only by the ECZ but to political parties, candidates and electorates also and must be reviewed urgently.

It is common knowledge that after nominations are done, all candidates and political parties duly declared so by the ECZ are given 30 days to carry out their official campaigns which is the same period prescribed by the Constitution in Article 52(5) to conclude the nomination petition at “least thirty days” before an election.

Where do those 30 days for nomination petition to be heard and determined come from when the campaign period is also 30days after nomination?

So when does the ECZ stop the declared campaign activities to accommodate the nomination petition to be heard and concluded?

Wouldn’t it be a contempt of Court for the petitioned to continue her/his campaign activities when his/her eligibility to contest that election is being contested in a competent Court of law?

Suppose the petitioned loses the petition after a final determination by the Court in provide for 30 days, which is also the end of the official Campaign period, will ECZ compensate the other candidates whose nominations were not challenged?

Imagine a nomination petition appeal against the earlier judgment to the Constitutional Court, what happens to the 90 days required by law to fill in an elective vacancy?

Isn’t this not going to delay the holding of the election beyond constitutional stipulated 90 days to fill a casual elective vacancy which may result to a constitutional crisis?

In ensuing the provisions of the law cited above, when ECZ cancels the earlier nominations and reschedule new nominations dates, would other candidates who paid nomination fees, declared duly nominated and campaigned for 30 days be compensated for having wasted their resources?

In the new nomination exercise, would those who were duly elected not pay the nomination fees since this will be a new nomination exercise altogether?

In this regard, GEARS Initiative, appeals to ECZ to help explain to the candidates, political parties,electorates, CSOs and other electoral stakeholders to understand this nomination petition process jargon and its consequences on the realization of an efficient electoral process in Zambia.

It is our founded fears that in an event that opposition succeeds with their challenge against Mr. Putu, the ECZ would have to cancel the Mangango bye-election and call for new dates for filing in of fresh nominations by eligible candidates.

This can only be premised on the belief that Mr. Putu would not appeal to the higher court should the challenge of his nomination is commence in a lower court, which may mean more expenses and demoralization of the voters leading to apathy.

It is GEARS Initiative’s considered view that to avoid this plethora of possibilities of confusion in the electoral process in future, all nomination petitions be heard and concluded before the official campaign activities are declared.

We also propose that the vetting process of all candidates should be given a 14 day period to allow the ECZ to thoroughly investigate and authenticate all nomination papers with all the relevant security and other authorities in the electoral process filed by all candidates before declaring the candidates duly nominated.

It will be an electoral injustice, and lack of sensitive to electoral fraud, which is usually common in the electoral process, to expect the ECZ to investigate, validate and ascertain the authenticity of the nomination papers from all candidates with varying backgrounds and declare them validly nominated within hours without proper consultation with security and other relevant authorities.

McDonald Chipenzi

ELECTORAL EXPERT/Executive Director GEARS INITIATIVE ZAMBIA.

UPND Leader Hakainde Hichilema has condemned the arrest of members of the clergy and some members from the Center for Trade Policy and Development in Ndola on Friday last week after they gathered to discuss the budget, the debt crisis, and corruption.

Mr. Hichilema has since called on the Patriotic Front to stop abusing the police in hiding their corruption and debt crisis.

He said this brutal arrest of pastors and the civil society organisation advocating for transparency and accountability on the part of how government and donor resources are spent is a clear indication of the PF’s continued oppression and dictatorship.

“Zambia does not need a regime such as the PF that has robbed citizens of their freedoms of association, assembly and expression. Clearly, due to their corruption, injustices and unprecedented debt crisis, the PF has shown that it will even start following citizens in their homes and arrest them for expressing themselves over things going wrong in our country”, He said.

Mr. Hichilema has since urged the church to remain strong because history records show that they, together with others such as the UPND gave hope when Zambia was under siege by such elements.

And Mr. Hichilema has encouraged Civil Society Organisations to place the interests of Zambia first and ensure that those plundering both public and donor funding in this case the PF are held accountable.

“It is no longer guess work that the PF will arrest anyone opposing their corruption, debt crisis and bad governance but we call on the country to join hands and say no to such colonial way of running our country and as always, we appeal to our country’s men and women in uniform not to accept to be abused by the corrupt few in the PF”, Mr. Hichilema added.

He said he is aware that men and women in uniform are the least respected by the PF but the UPND will restore their dignity and improve their conditions of service when in government.

Police on the Copperbelt have since released the CTPD staff and the pastor.

The opposition United Party for National Development (UPND) have threatened to petition the Electoral Commission of Zambia (ECZ) to disqualify Patriotic Front (PF) aspirant Godwin Putu in the Mangango parliamentary by-election on account that he does not qualify.

The Mangango seat left vacant following the death, in a road traffic accident, of then UPND Member of Parliament Naluwa Mweene.

UPND Elections Chairperson Gary Nkombo has alleged that the PF candidate, Mr. Putu confessed that he does not have academic qualification to contest.

Speaking when addressing journalists in Lusaka yestrday, Mr. Nkombo implored ECZ to investigate the PF through Putu’s abrogating the electoral code of conduct.

Mr. Nkombo said that his party will engage the lawyers to scrutinize the documents Mr. Putu presented to see whether the qualification authority of Zambia and Examination Council of Zambia genuinely certified his documents he presented to electoral commission of Zambia (ECZ).

According to Mr. Nkombo, owing to constitutional academic qualification clause, Mr. Putu does not qualify as he does not possess a grade 12 certificate.

Electoral Commission of Zambia (ECZ), Vice Chairperson Annette Nhekairo has called on youths in North-western province to exercise maximum restraint towards violence in the upcoming Tumvwanganai ward by elections in Solwezi district.

Speaking when she graced the youth conference held in Solwezi, under the theme “youth involvement in the electoral process”, Ms Nhekairo said youths make up a pool of people that will lead the country in the future.

ZANIS reports that, she said youths form 50 percent of registered voters and therefore should be knowledgeable about the electoral process.

And speaking at the same event, a facilitator from Civil Society for Poverty Reduction (CSPR), Oliver Chilefu said youth participation in elections remains low, especially among females.

Mr Chilefu said youth engagement in the electoral process is one way of shaping their living conditions in a democratic state.

He emphasised the importance of youth participation in governance of the country.

Meanwhile, one of the participants Memory Mulenga noted that the meeting was timely to avoid youths being used as perpetrators of violence.

Ms Mulenga said with the knowledge imparted in her, she will be able to share with other youths on the importance of knowing the electoral process.