Start the Process to remove my immunity and let me have my day in court, ECL Implores President Hichilema


Start the Process to remove my immunity and let me have my day in court, ECL Implores President Hichilema

…..let me answer to the charges you have against me otherwise stop this…..

Lusaka, 30th September, 2022

Former President Edgar Chagwa Lungu has implored President Hakainde Hichilema to commence the process of lifting his immunity and having it tabled before Parliament so that he can have his day in court as opposed to subjecting him to lawless actions that are not enshrined in the country’s constitution.

The former Head of State who woke up to yet another witch hunt from the Drug Enforcement Commission who went to search his property described the action by the DEC as lawlessness.

“People say I talk too much but there is a point beyond in which you stop keeping quiet! I have reached a position that MAY THE PRESIDENT INITIATE THE PROCESS OF LIFTING MY IMMUNITY by going to parliament to lay a case so that they can eventually prove what crime I committed”

The former Head of State, further lamented that for one year he has been called a criminal and a thief but those that allege the he and the government he led were criminals must prove it.

“So my feeling is that may the President initiate the process of removing my immunity so that I can have my day in court. We believe that he who alleges must prove so prove that I am a criminal and I led a group of criminals and we plundered and looted this country so that at the end of the day collectively or as Head I can answer to the charges otherwise they SHOULD STOP THIS”

And narrating to the Patriotic Front Members of Parliament who went show their solidarity, the former President said the officers who after seeing his arrival on the said property changed their story and stated that they were misled and pleaded with the former Head of State to treat the incident like it never happened.

It is worth noting that, under the Presidential immunity provided for Article 43 of the Constitution of Zambia. Articles 43(1) and (2) grant a sitting President immunity from civil and criminal proceedings while Article 43(3) extends the immunity relating to criminal proceedings to a former President.

Article 43(3) provides as follows:

“43(3)​A person who has held, but no longer holds, the office of President shall not be charged with a criminal offence or be amenable to the criminal jurisdiction of any court, in respect of any act done or omitted to be done by him in his personal capacity while he held office of President, unless the National Assembly has, by resolution, determined that such proceedings would not be contrary to the interests of the State.”

The import of the foregoing provision is that a former President in Zambia has immunity from criminal proceedings for criminal offences he or she committed in his or her personal capacity while in office until and unless that immunity is removed by a resolution of the National Assembly.


  1. Provided that criminal offence was in the interest of the nation…

    An example of a criminal offense in the interest of the nation or a nation eg, spying and ukutapula oil from other nations to your own country to improve your national treasury.

    Ala chishele President niulwa uyu pwiya ubuga mukafuko


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