Given Lubinda

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.

Issued by;
Hon Given Lubinda
Acting President
Patriotic Front

9 COMMENTS

  1. Mr Wanyala Zayelo Lubinda, try to brush your mouth before you speak!
    The gray hair you have is not for decoration! You must show some wisdom and levelheadedness!
    What you are suggesting is like telling a medical doctor to do away with their Confidentiality Oath to share patient secrets freely? Trust me, that doctor would have a lot of Lawsuits on their hands.
    DPP Siyuni should understand how dangerous her request is. It’s good the AG has not entertained this ill-advised request!
    Just cooperate with the JCA regarding the many complaints against you!
    No one has stopped you from talking!

    • What if the Doctor is accused of killing a patient, should she remain quiet in the name of the oath? For me without lifting the veil, then it’s justice denied

      • The case against the DPP is if she acted within the law on certain cases. It does not matter whether she was intructed to do so or not but what matters is if she acted within the law or not. For example, if someone asks you to do something against the law, it would be very foolish to use such as a defense. We even have a case in point where the former president ECL instructed the then ministers to remain in office after desolation of parliament which was against the law. The judgment didn’t consider whether they were instructed or not but that their actions to stay in the offices were illegal and they were asked to pay back the money not president ECL. It’s the same case here of the DPP. In fact by her trying to drag the government in the matter of the cases against her just gives credence to the complaints that she is incompetent because she could have refused and resigned if she was asked to do illegality.

  2. Edgar Lungu refused to give Chishimba Kambwili this waiver in 2018 when he wanted to speal the corruption that was going on in cabinet as he resigned from the PF. What has changed?

    Lillian knows that this cannot be given but deliberately insists on it to delay her case. The hearings of the JCC are held in camera in any case, so why does she feel constrained to defend herself? She never said HH and State house were involved in her granting that immunity, it was you and your surrogates that assumed so and went singing about it.
    If only we all can request for waiver on our oathes of secrecy from disclosing what transpires in Banks, many so called MPs claiming to have been doing business and are rich from conducting those businesses would be exposed for failure to repay bank debts from way back

  3. The issues raised against her have no relationship with the oath of secrecy.
    All that she is required to do is to explain which part of the law she used to grant immunity from prosecution in relation to an alleged crime.

    • So true its that simple. Why is she failing to quote the same Law that protects her tenor of office? Ba zayelo Ziale simunzanu, stop justifying the beating you got from your own PF cadres when you were Minister of Justice and ran into a Police station for cover. Should former Inspector General of Police request for this waiver too? We still want to know the gassers and why GBM was never supeoned to reveal after he publicly announced that he knew them. Intelligent lawyers like Mutembo Nchito defended themselves against your regime’s persecution without requesting for this waiver, what has changed?

  4. As minister of justice we know that Mr. Lubinda tried to study law. How far he went, who knows. But sir quote the law which allows a waiver, pure and simple. No need for political gymnastics.

    • She can still defend herself without the oath been lifted by just citing the law which allows her to give immunity, simple. The problem is that some people think the president has powers to override the constitution but I’m sorry to burst your bubble, the president doesn’t have that power. If he does lift the oath, he will be breaking the law himself because there is no provision which allows for lifting of oath in our laws. For goodness she is not the first constitutional officer to appear before the JCC but why does she want to raise dust over a straight forward matter? For the record it’s the constitution which prescribe or requires for officers in government including the president and vice president. to take the oath and the president merely administrators the requirements of the constitution on behalf of the people of Zambia and has no power to override it, simple. Whether the DPP was intructed or not is not the matter before the JCC but if her conduct was within the is what is before JCC.
      But for argument’s sake, lets say the oath was lifted and she says she was instructed to do what she did, that will still not exernorate her in any way on the matter that she acted outside the law so the best for her it to quit immediately to save the little integrity she may still have otherwise, this will make a very bad dent in her career. Going forward who would want to hire her as a lawyer if she will expose the things the client will confined in her in confidence whenever she is squeezed?

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