Respect for life and the rule of law is a cornerstone of building a safe society
THE timely and decisive response of the Zambia Police Service and other investigative wings to the brutal murder of 46-year-old Eneless Kamutumbe in Kisasa in Kalumbila District, NorthWestern Province – resulting in the arrest of numerous suspects following President Hakainde Hichilema’s directive – deserves commendation.
One agrees with the President that the killing of Eneless was appalling and disturbing.
Respect for life and the rule of law is a cornerstone of building a safe society in which our people can enjoy their fundamental rights.
The right to life and protection from inhuman treatment is enshrined in the Constitution of Zambia, Chapter One, under the Bill of Rights, particularly Articles 12 and 15, as reflected in celebrated cases such as Rosalyn Thandiwe Zulu and Chibabe Hangumba.
Professor George P Fletcher, in Rethinking Criminal Law (1978, pp. 235–236), states: “What makes homicide unique, among other things, is the uniqueness of causing death.
“While all personal injuries and destruction of property are irreversible harms, causing death is a harm of a different order. Killing another human being is not only a worldly deprivation; in the conception of homicide, killing is an assault on the sacred and natural order.”
He further notes that in the biblical context, the person who slew another was thought to acquire control over the blood – the life force – of the victim.
Though today we may think of homicide as merely the deprivation of a secular interest, what happened in Kalumbila in the death of Eneless is inconceivable and goes against what we stand for as a country.
Zambians are known for the love and care taught by founding President Dr Kenneth Kaunda; values that resonate with the national principles President Hichilema continues to emphasise.
Recently, before the brutal death of Eneless, the President addressed Parliament on national values, offering guidance and leadership on economic, social and cultural development. Such leadership should inspire transformation, not produce murderers. This matter requires the highest degree of seriousness to confront and heal this diabolical vice.
In Zambia, the Penal Code, Chapter 87, provides substantive provisions addressing murder From our pageKalumbila incident should serve as a litmus test for controlling social conduct. A strong signal must be sent to potential offenders that taking the law into their own hands undermines society’s well-being.
We live for society, and society thrives through us. This symbiotic relationship is the heartbeat of human existence.
Accepting mob justice is accepting anarchy. Protecting women from violence is a test of our collective humanity.
We have seen many times when people involved in road accidents are attacked instead of helped, leaving them vulnerable to thugs, who seize the moment to steal from innocent victims of circumstances never imagined. Where is Ubuntu in this context?
The President has always urged citizens to desist from illicit activities such as excessive alcohol consumption and reckless sexual behaviour, and instead focus on building families and maintaining integrity. and manslaughter, whether voluntary, involuntary, or constructive. Sections 21 and 22 deal with common purpose and joint enterprise, as illustrated in cases such as Mwape v The People (1979) and R v Swindell and Osborne (1846). These provisions are clear, and those found guilty in the murder of Eneless in Kalumbila will face justice.
In light of the unruly conduct exhibited in Kisasa, we should invest more in education by developing school programmes that teach basic concepts of criminal law and human rights. This will help the country respond better to such predicaments.
The death of Eneless Kamutumbe has unsettled society. The barbaric manner in which it was carried out has sent shockwaves across the country and beyond its borders.
It is unfortunate that this incident followed another case in which a 61-year-old man was assaulted after being accused of using black magic to make men’s private parts disappear.
The police dismissed the accusations as baseless and arrested the suspects, which should have been enough guidance for people to avoid conflict with the law.
The State has repeatedly warned against taking the law into one’s own hands.
Established legal channels exist to resolve grievances, and resorting to violence only leads to anarchy and chaos.
In the wake of the Kisasa tragedy, we must summon the spirit of Ubuntu and reflect on the unbecoming behaviour
It is therefore disappointing that the majority of those present at the crime scene were youths, who should have risen to the occasion and provided leadership by protecting Eneless’s life.
With this developing trend and the changes in the behavioural patterns of our people, it should serve as a wake-up call for all of us to deliberately create strategies that can heal this vice.
We must be careful; we are living in changing times, and what affected Hellen and her family today may affect you and your family tomorrow. Zambia is one big family.
In light of the unruly conduct exhibited in Kisasa, we should invest more in education by developing school programmes that teach basic concepts of criminal law and human rights. This will help the country respond better to such predicaments.
developing in our country, where people fail to care for one another.
We have all seen that lack of discipline has devastating effects. We are fortunate that President Hichilema continues to guide us as we build our nation.
We should learn from developed countries that invest heavily in instilling morals and preventing the destruction of society’s moral fibre. Numerous cultural discussions have aimed to transform our people into responsible citizens, yet these efforts are not being taken seriously.
It is important to note that the rule of law must triumph over mob justice. Zambia has a comprehensive body of laws and one of the most professional police services in the world, serving diligently to maintain law and order.
The law must be trusted, and superstition rejected.The President’s call for justice must translate into real accountability in the courts. The
It is disheartening that the majority of those who participated in the joint enterprise leading to the death of Eneless were youths.
Where does this leave the Government’s efforts to create opportunities for young people?
It is unfair to the Government, the Church, NGOs, civil society movements and families who invest so much in trying to make the lives of our youths viable.
We must be proactive by building a team of strong young people who are both intelligent and wise in the way they conduct themselves.
Elders across the country must also step up their guidance at the family level. Greater investment in youth programmes is needed to shape future generations and create a pool of responsible citizens with the capacity to provide solutions to the social ills we face today.
We need to change our mindset and focus on progressive programmes.
Lessons to learn include that, as Africans, we should train a well-prepared youth force able to respond to the times and plan for unforeseen circumstances.
Through hard work, discipline, loyalty and commitment to national values, we can inspire the Zambian people. Today’s youths worldwide play an important role in maintaining peace.
They must uphold a strong moral fibre and contribute to economic, social and cultural development, resulting in positive transformation.
The police service, created by law, must be respected.
When men and women in uniform provide guidance, it is important to follow it to avoid unnecessary loss of life. Once again, they have demonstrated professionalism and expertise in addressing the death of Eneless.
We thank the Zambia Police Service and other investigative wings for the arrests made so that justice can be served.
Nature is slowly taking a heavy toll on humanity, and it is reasonable that we invest more in our people and in measures that protect them in times of need. Anyone can be a victim of such calamities.
No one wishes to die in such a manner, but as nature would have it, no one can escape it.
We are fortunate to survive certain calamities, yet recent incidents show suspects beaten inhumanely, sometimes without just cause, resulting in grievous harm for mere trespass. Such acts are rarely anticipated, and too often taken for granted.
Our greatest enemy is ourselves. Lack of respect and love for one another is costing the country dearly. The growing trend of spreading malicious falsehoods and deceit is another urgent matter. Instant mob justice is a threat to the rule of law and community harmony.
The President’s call for strengthened unity and partnership between the Church and Government is crucial in building a cohesive and compassionate nation.
In conclusion, President Hichilema’s call for every individual responsible to be arrested and prosecuted to the full extent of the law must be taken seriously, sending a strong message to would-be offenders.
Local governance systems and the police should be supported in their nationwide campaign to educate the masses about mob justice. Prevention is always better than cure. To be forewarned is to be forearmed.
The killing was barbaric and unchristian. As Eleanor Roosevelt said, “The destiny of human rights is in the hands of all citizens in all our communities.”
Our hearts go out to the family and the people of Zambia for the great loss resulting from this barbaric attack, which has left our nation perturbed and lost for words.
Let us learn to respect the law, honour law enforcement officers, and give them the recognition they deserve as they maintain peace and order.
The author is a lecturer of law at the National Institute of Public Administration
