SUSPENDED Lusaka lawyer Jonas Zimba has asked the Constitutional Court to nullify the complaint and proceedings before the Judicial Complaints Commission lodged against Director of Public Prosecutions (DPP) Lillian Siyunyi.
And Mr Zimba in his affidavit in support of originating summons filed in the Constitutional Court, wants the court to determine whether the DPP can be subjected to the procedure under the Judicial Code of Conduct Act when she is not a judicial officer.
Mr Zimba has cited Attorney General Mulilo Kabesha in this case.
He also wants the court to determine whether Article 236 of the Constitution as read with Article 180 (7) of the Constitution confers jurisdiction on the JCC to try the DPP for any of the allegations that may be brought against her under Article 181 of the constitution as amended under acts number 2 of 2016.
“By virtue of the reliefs in one and two above, it be declared that the complaint and proceedings before the Judicial Complaints Commission Commission are void ab initio and therefore a nullity,” he said.
Mr Zimba stated that he has followed closely the debate on how the DPP ought to be removed from office.
“There is provision under Article 182 (3) of the Constitution which speaks to the fact that the DPP shall be removed using the same procedure as a judge,” he stated.
Mr Zimba stated that a judge is subject to the Judicial Code of Conduct Act which is Act number 13 of 1999.
He stated that under the said Act, a judge is a judicial officer and this is contained in Section 2 of the said Act.
Mr Zimba therefore, wants the court declare that the complaint and proceedings before the Judicial Complaints Commission against the DPP are void ab initio and therefore a nullity.
The DPP recently entered a nolle prosequi in favour of former Konkola Copper Mines KCM provisional liquidator Milingo Lungu in case he was accused of theft and money laundering involving K4.4 million.
Following his acquittal via a nolle, Mr Lungu was re-arrested and charged with possession of property reasonably suspected of being proceeds of crime.
This development led to a cross section of people to call for the removal of the DPP after she wrote a letter to the Drug Enforcement Commission (DEC) director general, questioning Me Lungu’s re-arrest.
A week ago, civil rights activist Chama Fumba popularly known as Pilato lodged a complaint of incompetence and gross misconduct to the Judicial Complaints Commission (JCC) against Ms Siyunyi.
According to the complaint, Mr Fumba has accused Ms Siyunyi of interfering with the functions of the Drug Enforcement Commission (DEC).
He stated that Ms Siyunyi without consulting the DEC entered a nolle prosequi discontinuing the matter against Mr Lungu.
(Mwebantu)