DPP, LAWYERS MUST SPEAK OUT
By Isaac Mwanza
Tuesday April 11, 2022
For close to a week now, we have been subjected to a legal discourse around the Nolle entered by the Director of Public Prosecutions, Lillian Siyuni, SC in the criminal case of Milingo Lungu, the former KCM Liquidator who recently resigned his position.
Now we have a fierce battle between the DEC boss and the only lady with authority to authorise or not authorise prosecution of Milingo Lungu and any other criminal matter.
Reading some revelations in the Editorial of News Diggers Edition No. 1183 about the possible settlement after a nolle was entered, there appear to be something more than what meets the eye.
In all this discussion, it is the DPP herself, whose professional image is being damaged at the local and international plane because of the nolle she entered. On the other hand, the events are boasting the image of the new DEC Chief, Mary Chirwa, without appreciating what led to the DPP to enter a nolle prosqui in the matter she has re-opened.
Ms Siyuni has no legal obligation to provide reasons for entering a nolle or refusing to give permission to prosecute any criminal matter. However, this is a matter of public interest which has potential to ruin her reputation.
But maybe, just maybe, Ms Lillian Siyuni is that person with integrity and capable of standing upto some settlement which made her enter a nolle while politicians are doing the usual thing they are good at: deception.
There is nothing strange about settlements or bargaining in criminal matters. They happen even in the civilised world such as the United States of America, involving prosecutors and accused persons represented by lawyers. But these settlements in the US are done by honest parties, people with integrity who don’t backtrack as long as they all met their obligations.
In Zambia, we have seen criminal settlements executed by the office of the DPP, who is the only authority to stop any criminal prosecution. We saw one such settlement in the treason case of President Hakainde Hichilema and others. A lot of work was done by visiting former President Obasango, the church and finally the Commonwealth Secretary General. This settlement led to a nolle entered in favour of Mr. Hakainde Hichilema and others. Parties acted honestly with each other.
I also had a brief chat with late President Kenneth Kaunda who briefly explained how his retirement from active politics was some form of a settlement but that is a story for another day. I am not good about writing books but probably, such information will one day come out in future.
What about Milingo Lungu? Was his resignation attached to some form of settlement which was revealed by the media and government is simply acting dishonestly by u-turning from that deal after he met his obligation?
Because of public interest and the potential that this ongoing battle will damage the career standing of the Director of Public Prosecutions, it is important that Ms Lillian Siyuni must speak out on her decision making process leading to the nolle. Otherwise, after she is hounded out of office as DPP, she won’t remain in the same standing, especially if she decides to pursue a career outside the country.
So the DPP cannot remain mute at a very crucial time like this. The Attorney General himself cannot remain mute while the DPP is being prosecuted in the court of public opinion. Mr. Milingo and his lawyers should also know that remaining mute is damaging the career standing of the Director of Public Prosecutions.
The big questions are: what does the Attorney General, the DEC Director and the ACC Director know about this deal? Zambians are yearning for the truth of what really happened for that nolle to have been entered. DPP must speak out. AG must speak out. Lawyers must speak out.