PRESIDENT HICHILEMA URGED TO INVOKE ARTICLE 181 OF THE CONSTITUTION BY SUSPENDING DPP

By Patricia Male

Green party leader Peter Sinkamba is calling on President Hakainde Hichilema to invoke article 181 of the constitution by suspending the Director of Public Prosecution –DPP- Lillian Siyuni in the interest of protecting the integrity of the justice system.

Article 181 states that “where the DPP is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of Director of Public Prosecutions to perform those functions until that appointment is revoked or until the DPP returns to office.”

Mr. Sinkamba says with information that the DPP has rejected the guidance offered by the attorney general that her request for the President to lift her oath of office has been denied, article 177(5) of the constitution of Zambia amendment 2016 states that the attorney general is the chief legal adviser to government and represents government in civil proceedings to which government is a party, and

gives advice on any agreement, treaty or convention to which government intends to become a party or in respect of which government has an interest before they are concluded.

He therefore states that in this case, there is a purported agreement which was entered into by the DPP and the former provisional liquidator for Konkola Copper Mine, whose legality has been challenged before court, and for that matter, contested by the state through the attorney general.

He states that since the request by the DPP concerns issues that are before court, in particular, a purported agreement involving the state and according to article 177(5) of the constitution, the most appropriate person to respond to the DPP’s request is the attorney general who is handling the matter in court.

Mr. Sinkamba further explains that the DPP does not require a waiver from the President to testify before a lawfully constituted tribunal like the judicial complaints commission because the head of state lacks power to do so.

PHOENIX NEWS

 

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