DPP TO FACE MILINGO IN CONCOURT FOR CONTEMPT
By New Dawn Reporter
FORMER Konkola Copper Mines (KCM) provisional liquidator, Milingo Lungu has dragged the Director of Public Prosecution (DPP) Gilbert Phiri to the Constitutional Court for revoking his immunity before the matter is determined by the Courts of law.
Milingo says the DPP has usurped the authority of the Constitutional Court by revoking his immunity agreement when the matter was still in court pending determination.
He said the acts by Phiri as DPP are meant to interfere with and frustrate the Court proceedings in a matter in which he (Milingo) is challenging the decision to prosecute him after entering in an agreement with the DPP not to prosecute him.
Milingo stated that after Phiri’s swearing in ceremony as DPP at State House on December, 20th, 2022, he revoked the immunity agreement entered into being the decision not to prosecute him.
“The act and words of the alleged contemnor purportedly reviewing and revoking the immunity agreement entered into between the applicant (Milingo Lungu) and the Director of the Public Prosecution which is the subject of determination in the petition and cross petition pending before this Honourable Court (Constitutional Court) is an act, intentionally, calculated to directly interfere with and frustrate the proceedings pending before this honourable Court by rendering the matter nugatory and an academic exercise and thus is prejudicing the eventual outcome of the proceedings,” submitted in the documents filed before the Constitutional Court.
He said the act and words by Phiri of reviewing and revoking the immunity agreement which is the subject of consideration before the Constitutional Court is well calculated to undermine the authority of the Court by usurping its power.
“…this Court is calculated to undermine the authority of the Court by usurping the Court’s power to consider and pronounce itself on the immunity agreement. The act and words of reviewing and revoking the immunity agreement which is the subject of consideration before the court is an action calculated to obstruct or divert the course of justice,” he stated.
On 20th December, 2022, Phiri was sworn in as Director of Public Prosecution following his appointment and ratification by the National Assembly of Zambia, and on 22nd December, 2022, during a press briefing, he announced that he had reviewed and decided to revoke the immunity agreement granted to Milingo being a decision not to initiate or institute and continue criminal proceedings.
According to Phiri, his decision was arrived at on account of the public outcry.
Milingo entered into an immunity agreement with the Director of Public Prosecution (DPP) not to prosecute him for acts done or omissions made in the course of performing his duties as Konkola Copper Mines (KCM) provisional liquidator, in March, 2022.
He said after entering into the agreement with the DPP, on 7th April, 2022, he was re-arrested, charged and taken to the Lusaka Magistrates Court on matters that were subject of the nolle prosequi entered in conformity with the immunity.
Milingo stated that on April, 19th, 2022, he challenged his re-arrest and consequential commencement of criminal proceedings which was in breach of the immunity agreement as it was an abuse of Court process according to the law.
He said on 26th April, 2022, the State also filed a cross petition seeking the Court to declare the immunity agreement entered into between the DPP and himself (Milingo) as illegal and unconstitutional.
According to Milingo, before the Court could determine the matter to its conclusion, Phiri has decided to revoke the immunity which is a subject of the matter before the Constitutional Court.
“The Constitutional Court set the 6th December, 2022 for commencement of the trial of both the petition and cross petition. The issues that fall for determination {in the petition} before the Court are, whether the Director of Public Prosecution has power to enter into an immunity, indemnity agreement not to prosecute and if so, whether the Director of Public Prosecution can commence or maintain criminal proceedings against the applicant (Milingo Lungu) in breach of the immunity, indemnity or non-prosecution agreement?” he stated in the documents filed before the Constitutional Court.