Chilufya Tayali

MAY THE SPIRIT OF INJUSTICE, VINDICTIVENESS AND MALICE LEAVE THE OFFICE OF THE DPP

With the coming in of the New Dawn Govt, there are calls for the dismissal of our current Director of Prosecution (DPP) on flimsy and unfounded allegations just like what happened to Mutembo Nchito (SC) when President Edgar Lungu came in after the death of President Micheal Sata.

I honestly did not agree on how Lillian Siyuni came in due to the way Mutembo Nchito (SC) was hounded out of that office, as DPP, but she was ratified and installed as DPP legally, so I have come to terms with the reality that she is the substantive DPP.

If we go back a little bit in the history of our Country, we see a bad spirit in the office of DPP, whereby, each regime, from the time of President Chiluba, through to Mwanawasa, Ruphiah Banda, Micheal Sata, Edgar Lungu and now Hakainde Hichilema, has to install its DPP contrary to the provisions of the law.

According to our constitution, the office of the DPP is not a political office but constitutional, meaning, the tenure of office is not attached to the political regime in power.

I remember during President Chiluba a prominent Lawyer – Mulkelebai Mukelebai – emerged as DPP supported by Late President Mwanawasa (as former Vice President).

Late Mukelebai Mukelebai was DPP when President Mwanawasa became President in 2001.

Unfortunately, President Mwanawasa embarked on a ploy to prosecute Fredrick Chiluba and removed his immunity on 16th July 2002.

This project to prosecute FTJ and his associates, led to a serious conflict between President Mwanawasa and DPP Mukelebai Mukelebai over the Taskforce led by Mutembo Nchito.

Allegations were raised against the DPP, accusing him of having meetings with former intelligence Chief Xavier Chungu and frustrating the prosecution of FTJ and they managed to unceremoniously hound him out.

After Mukelebai Mukelebai came Chalwe Mchenga but he also had problems when he stood against the appeal of FTJ’s case after he was acquitted.

However, he (Justice Chalwe Mchenga) survived because Mwanawasa died and RB came in. RB was not interested in pursuing FTJ so he ignored calls for Chalwe Mchenga to be removed as DPP.

When RB lost power to Micheal Sata, who negotiated with Chalwe Mchenga to become Judge (hence Justice Chalwe Mchenga) as a way of removing him from the office of DPP to pave way for Mutembo Nchito (SC).

RB’s immunity was removed for Mutembo Nchito to prosecute him. Unfortunately Sata died and came in Edgar Lungu who was not interested in prosecuting RB, so he had to remove the then DPP.

Mutembo Nchito was ruthlessly removed on falsified allegations, to an extent that, he was even arrested like a common criminal.

The case of Mutembo Nchito is currently in court and I see what happened to the Post repeating itself in the case of how Mutembo Nchito was removed from office.

Zambians are likely to lose a lot of money in compensating Mutembo Nchito owing to the way he was hounded out from the office of DPP.

My appeal to the New Dawn Govt is that, they handle the issue of the current DPP very careful following the law and justice.

We can’t keep on coming up with allegations to malign and criminalize our DPPs in order to remove them from office.

I may not like how she (Lillian Siyuni) came into office, but I will not support a ploy to remove her out of office based on personal political agenda to prosecute Edgar Lungu and his associates.

TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS