GIVE DPP WAIVER ON OATH OF OFFICE TO DEFEND HERSELF-LUBINDA
Tuesday 9th August, 2022
President Hakainde Hichilema through the Attorney General, Mulilo Kabesha has refused to waiver the official oath of office of the Director of Public Prosecutions (DPP), Lillian Siyuni to grant her the freedom to freely defend herself against the allegations that have been levelled against her through the Judicial Complaints Commission (JCC).
According to the official oath of office, the DPP is not allowed to answer to any person or any authority or divulge any information that comes to her in her line of duty.
However, the oath provides an exception which allows the President of the Republic of Zambia to waiver the oath and authorise the oath-holder to divulge such information or to defend or exculpate himself or herself when stand accused.
It is therefore unfair and a gross act of injustice for President Hichilema and all those accusing the DPP to expect her to defend herself at the JCC while she remain gagged under the oath of office. Any information that madam Siyuni may use to defend herself will be used against her as a breach of the official oath of her office.
For the sake of justice and fairness it is only right that President Hichilema waivers the official oath of office and allow madam Siyuni to freely defend herself before the JCC.
If they are not ready to allow Siyuni to defend herself then it’s only fair that the allegations are dropped. You can not accuse someone of wrong doing and at the same time deny them the right to defend themselves by gagging them through an oath.
The JCC must show courage and face the DPP with her both hands free unlike what is happening were they want to enter into a trial against a person whose mouth is gagged; this is akin to three boxers entering into the ring while both hands of the opponent are tied behind her back and ask her to box. It is immoral and unjust.
The Patriotic Front stands with the DPP and we will do everything within our means to ensure that justice is done.
We further wish to encourage the DPP not to fall in the trap that President Hichilema and his Government are orchestrating against her to breach the official oath of office.
Hon Given Lubinda