DPP MUST GO …she can’t survive a tribunal – Chifire
By Oliver Chisenga
THE letter that the DPP wrote to the director general of DEC has just exposed how compromised she is, says activist Gregory Chifire.
Recently, Director of Public Prosecutions Lillian Siyunyi’s entered a nolle prosequi in a matter where former Konkola Copper Mines provisional liquidator Milingo Lungu stood charged of money laundering involving K4.4 million.
However, the Drug Enforcement Commission re-arrested Lungu a day later.
The action angered Siyunyi who wrote to the DEC, demanding the director general Mary Chirwa exculpates herself over the decision.
Siyunyi’s letter attracted anger from Zambians that she was not acting in public interest.
Adding his voice on the matter, Chifire said Siyunyi is a compromised DPP who could not continue staying in office.
“She must go. She has always been a stumbling block in the delivery of criminal justice. She has failed to separate her professional [life] from her private life. She has always shielded her friends, acquaintances and those from the PF against prosecution,” he said. “She tried to hide her partiality and bias but her emotions took the
better of her. She has unmasked herself.”
Chifire, who is Southern Africa Network against Corruption (SANAC) director, accused Siyunyi of being “so passionate about saving PF criminals”.
He said it was baffling how easily she was willing to sacrifice not only her career but also the interest of Zambians.
“One wonders what PF criminals have done to her. Siyunyi can never survive a tribunal. She can do herself a great service by resigning. Those that are telling her to continue in office won’t be there to help her respond to the many cases that will surface at the tribunal; she will be alone,” Chifire said. “Then everyone will start calling for her neck. Thus, DPP knows deep down her heart that she is not innocent. There are so many cases where she has abused her authority and those cases have now come to haunt her.”
He said this is the right time for Siyunyi to call it quits when she is still retaining some sympathy from some quarters.
Chifire said Siyunyi’s ‘arrogant attitude’ would not help her at all.
“Her letter to the director general of DEC is ultra vires the law and makes a good case fit for instituting a tribunal against her,” said Chifire.
“From where I stand, the best was for her to humble herself as opposed to trying to show that she wields authority and power by writing the kind of letter she wrote to the Director General of the DEC.”
In her letter, Siyunyi stated that, “Further, my Office has received information from lawyers, Messrs Sakwiba Sikota, SC and Moses Chitambala, representing the above person that he has been re-arrested on the same charge that my Office entered Nolle Prosequi. My Office has not issued any instructions for you to re-arrest on the same charges. Your actions are ultra vires the Constitution which gives this Office the mandate to give instructions on prosecution of matters. You are been called upon to urgently explain the basis of your actions which are an abrogation of the supreme law of the land, the Constitution of Zambia. Kindly be informed that on matters of prosecution you do not act independent from this Office. You are guided henceforth. I await your urgent response.”
The ruling UPND in Lusaka has demanded the DPP’s resignation charging that she is frustrating the fight against corruption.
The Law Association of Zambia said provisions of Article 180 of the Constitution (Amendment) Act, 2016 as read with section 8 of the national prosecutions authority Act, 2010, make it clear that the DPP has exclusive powers in “instituting and undertaking criminal prosecutions before any court of law”.
“However, this exclusive mandate of the DPP does not extend to directing or instructing when, who and why to arrest or re-arrest any suspect by DEC or any other law enforcement agency in the exercise of their legal mandate, before or after a nolle prosequi has been entered,” stated LAZ honorary secretary Sokwani Peter Chilembo. “LAZ has since shared this position with the Attorney General [Mulilo Kabesha] and the respective offices to address the situation, for good order, promotion of the rule of law and entrenching democratic principles in the country.”