Threatening violence isn’t an offence, says Kabonde

Threatening violence isn’t an offence, says Kabonde
By Patson Chilemba and Masuzyo Chakwe
Wed 20 Jan. 2010, 04:01 CAT

INSPECTOR General of Police Francis Kabonde yesterday said the threat by MMD cadres to gang-rape opposition FDD president Edith Nawakwi does not constitute an offence. But the Church and civil society organisations have condemned the violent threats by MMD cadres to gang-rape Nawakwi.

Commenting on MMD Lusaka Province youth chairman Chris Chalwe's threat that he and other MMD youths will gang-rape Nawakwi, Kabonde said Chalwe and his colleagues had not committed any offence.

“Now let me ask you, after that I will give you advice. If somebody says 'I am going to rape you', what offence is it? You advise me. If I say 'I am going to rape this woman,' what offence is that? You mean you can't advise me yourself? You consult young man, you consult,” Kabonde said. “If somebody says 'I am going to rape you'… You know, let me advise you.

I hope you get my advice. Are you ready for my advice? Yah, cases of threatening violence do not relate to future. For instance, I can't tell you Mr. Chilemba that 'I am going to rape you tomorrow' then you go to the police and report violence,” Kabonde said.

“No, the law does not support that one because it must relate to the future. (2) The issue that you are raising about the alleged intended raping, it does not constitute an offence for now, but once they do it, if they are to do it, then they will commit an offence.”

Asked if it was lawful to use such words as gang-raping against other individuals, Kabonde responded: “No, it's not lawful, it's not proper.”

Asked what police would do about the matter as enforcers of the law since he said the words were not lawful, Kabonde responded: “You, I have explained to you. My explanation to you is if somebody says 'I'm going to rape somebody in future', I don't see how it constitutes an offence. And in any case, Nawakwi herself has not reported the matter to the police. Basically for me as a police officer, I have to have a report from a complainant, you understand that?”

Kabonde said if Nawakwi reported the matter to the police, police would consult with other lawyers to see if there was any offence or not.

“But basically out of experience that is what I can tell you. Threatening violence does not relate to the future,” said Kabonde.

“You cannot say 'next year I am going to beat you', and you run to the police that this person is saying he wants to beat me next year.”

Kabonde also denied assertions by Patriotic Front (PF) president Michael Sata that police were behaving like MMD vigilantees.

But Council of Churches in Zambia (CCZ) general secretary Suzanne Matale stated that the Church in Zambia was perturbed by the increasing incidents of politically-motivated violence in the country.

"CCZ would like to give a timely caution to all political parties to restrain their cadres from perpetuating physical violence on anyone regardless of the amount of provocation," Matale stated. "The democratic and acceptable way to resolve issues is through dialogue.

Zambia is beyond the ancient and primitive stone throwing means of settling scores."

Matale stated that the threats against Nawakwi and PF Munali member of parliament Mumbi Phiri's incident in Mtendere were totally uncalled for, and would not resolve any issues but rather create more violence.

"Political cadres must also watch their language because an insult on one woman is an insult on all women and this is totally unacceptable. The Zambian people are already weighed down with socio-economic problems and they do not need any more challenges added to the poverty and hunger issues that they are grappling with every day," stated Matale.

"It is CCZ's earnest appeal to all political parties to ensure that violence is eliminated in all their activities. Peace is an important ingredient of development and development issues should stop the agenda of this nation and all discussions and campaigns must be hinged on development. Zambians would like to know how they will be taken out of their poverty."

And the women's movement has asked President Rupiah Banda to sack MMD youth chairperson Chris Chalwe for exhibiting blatant disregard for the laws of the country.

NGOCC executive director Engwase Mwale condemned the threats by MMD caders on innocent citizens.

Mwale said it was shameful that the ruling party cadres could parade themselves before the media and threaten the lives of other people and get away with it.

She said that kind of intolerance of other people's views was unacceptable in this political dispensation.

“We urge the police to move quickly and arrest the cadres who have threatened FDD president Edith Nawakwi and PF spokesperson Given Lubinda. The Zambia Police Service should be the first organisation to know that threatening violence against anybody is a criminal offence which calls for prosecution against the offenders especially where there is already overwhelming evidence like in this instance,” she said.


Mwale said NGOCC had noted, with regret, recently that party cadres from all the political parties had been exhibiting gross intolerance against dissenting views both from within and outside their parties. She said this was a recipe for violence and if not stopped immediately, could lead to serious political instability especially as the country approached the 2011 tripartite elections.

“As in any violence situation, women and children are bearers of its negative brunt… We call on presidents of major political parties in this country to prevail on their overzealous cadres and publicly condemn any threats or acts of violence. Specifically President Rupiah Banda must immediately denounce and sack MMD youth chairperson for exhibiting such blatant disregard for the laws of this country,” said Mwale.

And women activist Sarah Longwe said President Banda was quick to categorise Post news editor Chansa Kabwela's genuine concerns over a woman who gave birth outside the hospital as pornography. She said she would be interested to see how President Banda would react to threats by his own cadres to gang-rape Nawakwi. Longwe said MMD did not see women as human beings.

But MMD acting spokesperson Mike Mulongoti, who seemed reluctant to comment on the matter by initially referring the queries to the party youth chairperson as well as national secretary Katele Kalumba, condemned the threats of violence against Nawakwi.

"I do not think anybody in MMD would like to see such a thing. So as far as l am concerned, I have not talked to Mr Chalwe, I do not know whether what he said was coming from himself or whether he said it, because I did not even watch the Muvi TV that they are quoting," Mulongoti said.

However, Mulongoti said the MMD did not support violence and lawlessness.

"The position of the party is that we support the rule of law, and will not support lawlessness. So, no violence, no raping, no what and what," said Mulongoti, before warning that political leaders from all the political parties should not abuse others, because if they did so they would be appealing to other people's emotions.

Home affairs minister Lameck Mangani initially referred questions on the matter to Kalumba, saying the issue involving Nawakwi was a party matter.

He said Nawakwi had not complained and that he had not watched the same footage where Chalwe threatened to rape Nawakwi.

Reminded that some PF cadres were arrested without the victim officially complaining to the police, Mangani responded: "No, but there was police presence there. Police were watching."

Police spokesperson Bonny Kapeso said police could not do anything about the matter if Nawakwi did not complain.

"If there is no complaint, who will be the first witness in your view?" asked Kapeso. "Edith is responsible enough to know what the procedure is.”