3rd October, 2022
His Excellency Hakainde Hichilema,
President of the Republic of Zambia,
State House,
Lusaka.
Greetings.
We have noted with grave concern the continued and systematic abuse and harassment of former President, Edgar Chagwa Lungu through the illegal actions and activities of the law enforcement agencies particularly the Drug Enforcement Commission (DEC) and the Anti Corruption Commission (ACC).
It is now clear that these law enforcement agencies have unlawfully initiated criminal proceedings against President Lungu when he enjoys full immunity from prosecution.
May we hasten to point it to you that as things stand, no criminal proceedings can be initiated against President Edgar Chagwa Lungu as he enjoys immunity from any such proceedings. For avoidance of doubt please refer to Article 97 (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.”
Further, Article 99 (5) is unambiguous and very instructive on the procedure that must be followed if criminal proceedings be instituted against a former Head of State;
“Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.”
As explicated above, the searches against President Lungu that the named law enforcement agencies have been conducting are arbitrary, unlawful, malicious and vindictive and we demand that they henceforth be STOPPED!
We implore you as the appointing authority and chief custodian of the Constitution of Zambia to ensure that all law enforcement agencies respect the Constitution and strictly adhere to the tenets of the rule of law and that they cease turning Zambia in to a banana republic.
DEC and ACC are setting a very dangerous precedence that will haunt you once you leave office. We wish to remind you that as you preside over the affairs of the nation always remember the words of Jesus Christ in the Sermon on the Mount: “Do unto others as you would wish them to do unto you.”
The continued abuse and harassment of President Lungu is not only illegal but inhumane, unnecessary and is causing a lot of anguish and tension in the country. We beseech you to take a leaf from statesmen and noble leaders like Nelson Mandela and President Ruto who have used the Presidency to unite and pacify their countries in the wake of political battles and electoral victories.
Yours faithfully,
Hon Given Lubinda
Acting President
Patriotic Front