PRESIDENT HICHILEMA MUST GIVE WAIVER TO DPP AS WIDE PRECEDENT EXISTS
Lusaka- Sunday, 14th August 2022
We have noted various views on the application made by the Director of Public Prosecutions (DPP) Lillian Fulata Shawa-Siyuni to President Hakainde Hichilema to waive her Oath of Secrecy to enable her adequately defend herself on matters that are before the Judicial Complaints Commission.
We must make it clear that the one to respond to the DPP’s request is the President of the Republic of Zambia who she took and swore the oath, and not alternates or substitutes that are responding to her request.
Infact, the President, according 93(1) and (2) is expected to communicate his position on the matter in writing and under the public seal.
Further the Ruling on the issue by the Judicial Complaints Commission made on 25th July 2022 expected that a Waiver will be granted for the hearing to proceed.
In the Ruling, the Commisssion made it very clear that the President needed to attend to the constitutional request made by the DPP to be granted the waiver to enable her defend herself.
We quote;”…therefore for the DPP to defend herself, the President has to allow her to speak by granting her the waiver of Oath of Office”.
Judge Prisca Matimba Nyambe SC, who signed the ruling also stated; “I reiterate that the hearing be adjourned as we await the waiver”.
We therefore do not expect the JCC to vacate its own ruling by deviating from its earlier decision.
In the ‘Dennis Chirwa Tribunal’ held in 2009 against Minister of Transport & Communications, Hon. Dora Siliya on allegations that she had defied the advice of the Attorney General in the award of a tender to evaluate the assets of ZAMTEL, President Rupiah Bwezani Banda provided for waivers to the request on oath of secrecy, to all civil servants that were invited to testify in the Tribunal.
We are also aware of the case involving former Zambia State Security Intelligence Director General, Mr. Xavier Franklin Chungu who was unable to testify in the matter where Mr. Mutembo Nchito was prosecuting former Ministry of Finance, Permanent Secretary Stella Chibanda and Others Vs the People, on a matter before Resident Magistrate, Edward Luputa Musona.
In this case, Stella Chibanda was represented by Hon. Vincent Malambo SC and Mr. Edgar Lungu.
Mr. Nchito objected for Mr. Chungu to testify as he was not given a waiver on the Oath of Secrecy by the President of the Republic of Zambia.
Magistrate Musona sustained the objection.
It is very clear from the above that the request by the DPP is founded in both law and precedence must be attended to by the President.
Further the request is supported by numerous cases of precedence and is not misplaced as is being peddled by the Attorney General, Mr Mulilo Kabesha SC and Green Party President, Mr. Peter Sinkamba.
Issued by;
Hon. Raphael Mangani Nakacinda
Member of the Central Committee
Chairperson of Information and Publicity
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