President HH has no authority to discontinue Lungu family court cases- Obvious Mwaliteta

UNITED PARTY FOR NATIONAL DEVELOPMENT (UPND)

PRESS STATEMENT BY UPND LUSAKA PROVINCE CHAIRPERSON, OBVIOUS MWALITETA CAUTIONING MORGAN MUUNDA AGAINST INTERFERING WITH ONGOING COURT CASES

The United Party for National Development (UPND) wishes to note with concern remarks by aspiring Chawama Member of Parliament, Mr. Morgan Muunda, urging President Hakainde Hichilema and the Director of Public Prosecutions to discontinue court cases involving the Lungu family.

It is important to clarify that the President has no authority to discontinue court cases. The power to issue a nolle prosequi rests solely with the Director of Public Prosecutions (DPP), who can drop a case without giving a reason.

Contrary to assumptions, the President belongs to the executive branch and cannot interfere with active judicial proceedings, as doing so would violate the principle of separation of powers and amount to interference with the judiciary.

The Government has, in good faith, proposed dialogue regarding the burial arrangements of former President Edgar Chagwa Lungu. It was only after a standoff that the Attorney General sought legal recourse. Political narratives that attempt to “paint the President black” in this matter are both misleading and unjustified.

President Hichilema took an oath to uphold and defend the Constitution of the Republic of Zambia. Our justice system operates on the principle that every person is innocent until proven guilty by a competent court of law. The Lungu family, like any other citizen, has the right to defend themselves and prove their innocence without political interference or pressure.

While we respect the solemnity of a mourning period, it must be noted that a funeral does not suspend the operation of the law. Justice must proceed to preserve the integrity of our institutions. We further wish to remind all members of our party and the public that matters active before the courts of law must be treated with the utmost respect and caution.

Our laws are clear; ongoing legal proceedings cannot and should not be interfered with by political statements, public pressure, or assumptions about the role of the President.

We also caution against the use of this period to engage in insults or cyber abuse. Zambia’s cyber laws exist to protect individual rights and ensure that freedom of expression is exercised responsibly.

As a party in government, the UPND remains committed to the rule of law, equality before the law, and respect for due process. We urge all members of the public to refrain from making statements or demands that undermine judicial independence or the separation of powers.

Signed
Obvious Mwaliteta
UPND Lusaka Province Chairperson