Attorney General asks Concourt to declare as illegal, unconstitutional Milingo Lungu’s ‘Immunity Agreement’

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Attorney General Mulilo Kabesha

THE State has asked the Constitutional Court to declare as illegal the Immunity Agreement signed on March 22, 2022 between the DPP and former KCM provisional liquidator Milingo Lungu, granting him immunity from past and future prosecution.

And Attorney General Mulilo Kabesha in an answer and cross petition filed in court wants the Immunity Agreement to be declared illegal as it was against public interest and an abuse of the court.

Meanwhile, Mr Kabesha has denied allegations by former provisional liquidator for Konkola Copper Mines (KCM) PLC Mr Lungu that he had a meeting with State House agents which resulted in an Immunity Agreement which protected him from past and future prosecution

pertaining to all actions taken in his capacity as provisional liquidator.

Me Kabesha further wants the court to declare the Immunity Agreement as unconstitutional and therefore, null and void ab initio.

And the State wants hearing of the case to be expedited and costs.

In this case, Mr Lungu sued the State, Boyd Munalula – senior Investigations officer – Anti Money Laundering Unit of DEC, the Drug Enforcement Commission Director General (DEC) and Administrator General over his re-arrest.

He sought an order restraining the State from investigating, arresting and prosecuting him in respect of his performance as provisional liquidator of KCM.

Mr Lungu alleged that he entered into a bargain with the State agents spearheaded by Bradford Machila – Principal Private Secretary to the

President Hakainde Hichilema, Christopher Mundia – Special Assistant to the

President for Legal Affairs, Mr Kabesha, Marshal Muchende who is the Solicitor General, Director of Public Prosecutions Lillian Siyunyi, and Natasha Kalimukwa, the Administrator General and Official Receiver over the offences he allegedly committed as liquidator.

But Mr Kabesha who is also representing Mr Munalula and the DEC, in an answer and cross petition, stated that at no time did the State solicit or promise Mr Lungu the purported Immunity Agreement signed on March 22 this year and he shall be put to strict proof of the same.

He stated that the said Immunity Agreement was never brought to their attention and they only discovered its supposed existence from the court documents forming part of Mr Lungu’s documents.

“Further that at no time did any government official issue instructions to the DPP to enter into the Immunity Agreement with the petitioner,” he stated

The Attorney General added that an act or omission that contradicts the Constitution is illegal and so is the purported Immunity Agreement allegedly entered into by the DPP and Mr Lungu.

“Further, the respondents that the proceedings before this court are not only an attempt by the petitioner to gather information on the on-going criminal investigations and prosecution but also an attempt at stiffling legitimate criminal investigations and prosecution and therefore prejudicing the outcome of the investigations and prosecution,” he stated.

Mr Kabesha however, stated that the office of the Solicitor General did amicably engage Mr Lungu for purposes of him reliquishing his position as provisional liquidator of KCM.

But Mr Kabesha denied that State agents bargained for the granting of criminal immunity to Mr Lungu or dropping the criminal charges.

“Further, there’s no letter from any member of government instructing the Director of Public Prosecutions to enter an Immunity Agreement with the petitioner. Furthermore, no State agent issued any instructions to the Director of Public Prosecutions to enter into an Immunity Agreement with the petitioner. No State agent issued instructions to the DPP to enter into the Immunity Agreement with the petitioner,” he stated.

The Attorney General stated that the State admits only to the extent that the negotiations resulted in the signing of a consent settlement agreement between the official receiver (4th respondent) and the Mr Lungu dated March 15, 2022 which led to his unconditional resignation as provisional liquidator for KCM on March 17, 2022.

“The consent agreement dated 15th March 2022 and the petitioners resignation letter respectively speaks for themselves as to what was agreed upon or the outcome of the negotiations and there is no reference whatsoever to any grant of immunity or a nolle prosequi,” he said.

The Attorney General also denied that the resignation of Mr Lungu was tied to or resulted in the signing of the Immunity Agreement.

(Mwebantu)

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