CAN AN APPOINTING AUTHORITY DISAPPOINT THE DPP?
THE argument that it is hard to remove a DPP from office is neither here nor there as past evidence is abundant to effect that an appointing authority when determined to disappoint the DPP has been done without much drama.
Art 180 (7) of the Constitution of Zambia says …the Director of Public Prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process
The question to be answered is, has the current DPP lived up to the demands of the provisions in Art 180(7)?
YES, the DPP can leave office by retirement, removal and/or resignation. YES, there is a process to remove the DPP in Zambia.
Art 182(3) is instructive that the Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge
Art 143 and 144 provides how a judge can be removed which also apply to the removal of the DPP and the grounds and procedure for the removal.
The grounds on which the judge and DPP can be removed from office are mental or physical disabilities, incapable of performing, incompetence; gross misconduct; or bankruptcy.
Art 266 defines gross misconduct to mean—
(a) behaviour which brings a public office into disrepute, ridicule or contempt; (b) behaviour that is prejudicial or inimical to the economy or the security of the State; (c) an act of corruption; or (d) using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person;
Art 270 of the Constitution states thus; In this Constitution, unless a contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments, to exercise disciplinary control over the person holding or acting in the office and to remove that person from office
I submit
By McDonald Chipenzi