Former DPP takes Govt to Constitutional Court
…to determine legality of her dismissal by Hichilema
16th October 2022
Ms. Lilian Siyuni the lawyer President Hakainde Hichilema last week fired from the position of Director of Public Prosecution (DPP) has asked the Constitutional Court to declare as ´null and void´ all the decisions leading to her ´illegal´ widely publicised dismissal.
A respected Litigator, Ms Siyuni has further asked the highest court in the land to consider compensating her for all the injustice she has suffered during the lengthy period that eventually led to her public dismissal by Mr. Hichilema.
In public court filings made by her Lawyers AMC Legal Practitioners Ms Siyuni argues that the Vincent Malambo led Joint Complaints Commission (JCC) lacked legal merit on the following as they recommended her dismissal:
• JCC did note make available or information or evidence to all parties in her case as required by law
• JCC allowed ´new’ evidence to be adduced against her (DPP) long after the closure of the case, against the law
• JCC illegally stopped evidence that could have supported her or was in her favour during the proceeding.
• The JCC quorum was not “legally” constituted and is at variance with the law (she has cited in court documents) documents any decision made by an illegal quorum is null and void
• President Hichilema who was supposed to reject her application for a waiver for her immunity to be lifted did not do so in writing and in his “own signature” as required by law so any directive he made via the Attorney General to deny her a waiver is null and void and lacks legal backing
• The Attorney General´s failure to prosecute the case as required by law makes the whole proceeding legally worthless and ought to be considered as a breach
• The JCC decision to proceed and make a determinartion to punish her (DPP) in the face of an illness proven by law and the death of her father makes the entire outcome a farce and mockery of justice
Ms Siyuni, who earlier granted President Hichilema a nolle prosequi in traffic offense that endangered President Edgar Lungu´s life is generally regarded as an astute Litigator in Zambia and beyond borders.
She was accused of “abuse of office” and subsequently tried in her absence and sacked by President Hichilema last week after a year of attempting to hound her out of office.
The full details of her “prayer” is publicly available in the Constitutional Court on an 11-page stamped official document below.
Source: Court Records.