DPP AND RE-ARREST OF MILINGO: WHAT IS THE FUSS ABOUT HIS RE-ARREST TO ANGER THE DPP?
UNLESS the DPP Siyuni has been misquoted by the NewDiggers Newspaper in today’s edition, reading MILINGO RE-ARREST ANGERS DPP.
In my view and understanding, the Law enforcement agencies (LEAs) don’t need the permission from and of the DPP to arrest or re-arrest a suspect.
The DPP is the chief prosecutor for the government and head of the National Prosecution Authority (NPA) This is according to Article 180(3) and (4) of the Constitution of Zambia.
The powers DPP are 3 and starts and end at
-instituting and undertaking criminal proceedings against a person before a court;
-taking over and continue criminal proceedings instituted or undertaken by another person or authority;
-discontinue, at any stage before judgement is delivered, criminal proceedings…;
So how can she be quoted as having said she didn’t okay the re-ARREST of a suspect which is not her function or within her powers?
With the above, DEC is seemingly within its mandate to re-ARREST a suspect and it is up to the DPP to proceed with the prosecution pr discontinue it when the suspect appears before court.
I can’t see any mandate of the DPP to order or not order the suspect’s arrest who has not appeared before court.
Therefore, if correctly quoted, the DPP is out of order to accost the DEC Director General Mary Chirwa over the re-ARREST of a suspect.
Therefore, to win the fight against corruption, financial and economic crimes, the DPP must work closely and pull in one direction with the LEAs like DEC, Zambia Police and ACC.
Otherwise, these corruption fight will be killed and defeated at the prosecution stage even when the LEAs or investigative wings would have done their job as they have perfectly done so far.
I submit
McDonald Chipenzi