By Ben Mbangu in Choma
MICHAEL Kaingu has asked Zambians to put their confidence in the President and stop undermining public institutions like the office of the Director of Public Prosecution.
“I think we have a capable President who can easily deal with the problem affecting the current DPP,” he said.
Commenting on the ongoing debate about the DPP, Dr Kaingu said too much public opinion on constitutional offices undermines the Executive.
“Zambians must place their confidence in the Head of State and stop undermining public institutions like the office of the Director of Public Prosecution (DPP). I feel discussing the office of the DPP or any other constitutional office for that matter in the manner we are doing it is undermining it,”Dr Kaingu said. “The question is what will you expect from the next DPP? Would you want him or her to operate with the public opinion in mind or professionally? I think we have a capable President who can easily deal with the problem affecting the current DPP.”
However, Dr Kaingu said he was not in any way supporting DPP, Lillian Siyunyi but merely focused on the office beyond the current office holder.
“Zambians tend to show too much knowledge but I feel certain matters should be left to the President to sort out. I strongly believe our President [Hakainde Hichilema] is doing well. Discussing the matter of the DPP like this, we are also undermining the President because it’s like we are now asking him to listen to our opinions before he can act,” said Dr Kaingu. “We should avoid undermining constitutional offices at all costs. Individuals come and go but the office shall always be there.”
Siyunyi has come under fire over her leaked letter to Drug Enforcement Commission director general Mary Chirwa over the rearresting of Milingo Lungu.
In her letter, Siyunyi stated that, “Further, my Office has received information from lawyers, Messrs Sakwiba Sikota, SC and Moses Chitambala, representing the above person that he has been re-arrested on the same charge that my Office entered Nolle Prosequi. My Office has not issued any instructions for you to re-arrest on the same charges. Your actions are ultra vires the Constitution which gives this Office the mandate to give instructions on prosecution of matters. You are been called upon to urgently explain the basis of your actions which are an abrogation of the supreme law of the land, the Constitution of Zambia. Kindly be informed that on matters of prosecution you do not act independent from this Office. You are guided henceforth. I await your urgent response.”
The ruling UPND in Lusaka has demanded the DPP’s resignation charging that she is frustrating the fight against corruption.
The Law Association of Zambia said provisions of Article 180 of the Constitution (Amendment) Act, 2016 as read with section 8 of the national prosecutions authority Act, 2010, make it clear that the DPP has exclusive powers in “instituting and undertaking criminal prosecutions before any court of law”.
“However, this exclusive mandate of the DPP does not extend to directing or instructing when, who and why to arrest or re-arrest any suspect by DEC or any other law enforcement agency in the exercise of their legal mandate, before or after a nolle prosequi has been entered,” stated LAZ honorary secretary Sokwani Peter Chilembo. “LAZ has since shared this position with the Attorney General [Mulilo Kabesha] and the respective offices to address the situation, for good order, promotion of the rule of law and entrenching democratic principles in the country.”