Is Former President Eddar Lungu Being Prosecuted While Under The Veil Of His Immunity?



I have noted arguements that former President Edgar Lungu is being prosecuted by law enforcement agencies while still enjoying his immunity.

This is because of Drug Enforcement Commission (DEC)’s forth and back announcements of the seizure of former President’s purpoted lodge.

Also reports that DEC had stormed one of former President Lungu’s property have validated these insinuations.

These alleged actions by DEC are being construed in some quarters to mean *prosecution* than *investigating* the former president .

But is a former President immune from investigations or that of his properties when there is reasonable suspicions?

ARTICLE 98 of the 2016 Constitution guides;

98. (1) A person *shall not institute or continue civil proceedings against the President or a person performing executive functions*, as provided in Article 109, in respect of anything done or omitted to be done by the President or that person in their privatecapacity during the tenure of office as President.

(2) The President shall not, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person.

(3) For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time.

(4) Subject to clause (9), the President or a person performing executive functions, as provided in Article 109, is immune from
criminal proceedings which *immunity continues after that person ceases to hold or perform the functions of that office.*

NOW, what are *criminal and/or civil proceedings* and Once we define this phrase then, will we appreciate the current happenings around the former President.

Again, does immunity of a former President entail immunity of his properties, spouses, children?

Can immunity accorded to a former President hinder investigations by and from law enforcement agencies from investigating his properties, children and spouses?

Or DOESNT immunity only hinder prosecution OR institution of criminal or civil proceedings against a former president?

Let us debate

I submit

McDonald Chipenzi


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