Prof Muna Ndulo writes….

“No one has the power to grant immunity from criminal prosecution. It is not provided for in the constitution or under any law law. There is no constitutional provision for this. The only immunity provided for in the constitution is that of a President. The power to enter nolle does not include granting immunity. The so-called immunity document has no legal backing whatsoever. It is telling that the document does not reference any law under which it is issued.

I think what one can say is that she is abusing her office. You cannot exercise power which you do not have and does not exist. The exercise of constitutional authority is governed by the constitution and legality. There is no constitutional issue to go to a court here. The DPP’s power is governed by legality and rationality. That is the true meaning of the rule of law.

There is an abundance of case law on this issue. The South African Constitutional Court has dealt with this matter, coincidentally in a matter involving the DPP in South Africa.”


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