DPP’s GAGGING BY PRESIDENT HICHILEMA AND HIS MEN ABHORRENT
By Jackson Silavwe

The Director of Public Prosecution (DOP) Lillian Siyuni SC., took an official oath in the following terms,

“I ……………………, having been appointed ………………… in the Government of the Republic of Zambia, do swear/affirm that I will in this office well and truly serve the Republic and the President of Zambia; and I will not directly or indirectly reveal or transmit any such information or matter as shall be brought under my consideration, or shall be made known to me, by reason of my office except as may be required in the discharge of my duties as such or with the authority of the President.”

The charges before the Judicial Complaints Commission (JCC) that the DPP is facing all arise from and became known to her “…by reason of my [her] duties.” She can therefore “not directly or indirectly reveal or transmit any such information or matter…”

There are only two exceptions as to when the DPP can reveal or transmit such information;

  1. “as may be required in the discharge of my [her] duties as such..”
  2. “or with the authority of the President.”

Appearing before the JCC is not part of her duties and therefore exception 1 does not apply. If she was to reveal or transmit such information to the JCC, she would have breached her oath of office.

Such a breach of office would then give the pack, which is after her blood,a real charge that could be brought against her before the JCC as opposed to the string of flimsy vindictive charges against her.

The vindictiveness is clear for everyone to see. There have been multiple statements made by UPND cadres and party officials echoed by Mary Chirwa the head of DEC, the Attorney General, the Minister of Justice and even President Hakainde.

They even withdrew her security protection! How low can you go? It is clear President Hakainde has already made his mind up about the DPP even before the JCC has examined the matter.

In the United States of America which we try so hard to imitate, the judge overseeing the trial of Derek Chauvin who knelt on and killed George Flyod expressed frustrations with the comments by a mere Democratic US representative Maxine Waters. The judge feared Walters’ remarks could lead to a verdict being appealed and overturned.

Walters is a mere congresswoman but in the DPP’s case we have, not only the Minister of Justice but none less than the President of the Nation prejudicing the matter to be heard by the JCC.

The judge in the George Floyd case called the comments by politicians “disrespectful to the rule of law and to the judicial branch….Their failure to do so, I think, is abhorrent,”

It is therefore not surprising that the government does not seem eager to waive the Oath that the DPP took. One cannot help but wonder what they are afraid of.

If the President and his men have nothing to hide why do they not activate the second exception to the oath which is

“or with the authority of the President.”?

The President must also be brave enough to emphatically say he is the one who has refused the waiver. He cannot do this through the Attorney General.

Article 93. (1) of the Constitution of Zambia states, “A decision or instruction of the President shall be in writing under the President’s signature.”

The Attorney General should go back to the President and advise him to follow the Rule of Law and do the right thing.

This farce has gone on for long enough, it must be stopped.

GPZ, Rule of Law & Justice

Silavwe Jackson
President
GPZ.

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