THIS MUST STOP…don’t assault Constitution to draw benefits, Changala warns UPND
GOOD governance activist Brebner Changala has charged that dismissed Director of Public Prosecutions (DPP) Lillian Siyunyi is a victim of the State’s manoeuvres.
“We must not take people for granted. Let alone, we must not abuse our offices to attack the very integrity and the foundation of our national unity. We are not supposed to use our offices to assault the Constitution in order to draw benefits. This must stop,” he said. “We are not going to bury our heads in the sand while injustice is slowly becoming the order of the day.”
Last Friday, President Hakainde Hichilema relieved Siyunyi of her duties following a recommendation by the Judicial Complaints Commission (JCC).
“President Hakainde Hichilema has with immediate effect, acting on the recommendations contained in the report presented to him by the Judicial Complaints Commission, removed Mrs Lillian Siyunyi Fulata, S.C. from the office of Director of Public Prosecutions. The removal of Mrs Lillian Siyunyi Fulata from the office of Director of Public Prosecutions is in exercise of the powers vested in the President pursuant to Articles 182(3), 143(b) and 143(c) of the Constitution of the Republic of Zambia,” read the statement from the President’s spokesperson Anthony Bwalya. “Meanwhile, President Hichilema has in exercise of the powers vested in him pursuant to Article 180 of the Constitution of the Republic of Zambia, appointed Mr Gilbert Andford Phiri as Director of Public Prosecutions subject to ratification by the National Assembly.”
Commenting on the dismissal, Changala warned Phiri against being used by the State to punish political opponents.
“Madam Siyunyi is a victim of a well-orchestrated political manoeuvres inspired by the executive. And this must not be allowed to go on. And I must warn the new DPP (Gilbert Phiri) coming that the foundation has been laid that if he’s going to that office to be used by the appointing authority, he will disgracefully be treated in the same manner,” he said. “If I was him I will ask very clearly as to what do they want me to do on behalf of the people of Zambia other than on behalf of the UPND. He must not go there as DPP to victimise the people of Zambia in form of revenge and avenge because this is what is going on. UPND as a party and Mr Hakainde as an individual were badly treated and mistreated by the previous regime. But he will not be allowed to use his constitutional office as President of the Republic of Zambia to avenge and revenge because that is the beginning of serious problems for the country, later on for this administration.’’
Changala said leaders should not use their offices to assault the Constitution.
“We must not take people for granted. Let alone we must not abuse our offices to attack the very integrity and the foundation of our national unity. We are not supposed to use our offices to assault the Constitution in order to draw benefits. This must stop,” he said. “And my call is, can we have a serious statement disclosed from the executive. What role did [President Hakainde Hichilema’s senior private secretary Bradford] Machila play in the [former KCM liquidator] Milingo [Lungu] saga? What role did [presidential legal advisor Christopher] Mundia play? What role did [Solicitor General Marshal] Muchende play, and what role did the Attorney General play? We need to know. We are not going to bury our heads in the sand while injustice is slowly becoming the order of the day. It’s totally unacceptable?”
Changala said he did not expect the new dawn government to mistreat Siyunyi the same way the PF mistreated then DPP Mutembo Nchito.
He urgued against what he termed harassment of constitutional officeholders.
“The case of Siyunyi is a very sad recurrence. After the chaotic departure of Mutembo Nchito from the DPP Chambers, one would have thought attacks on a constitutional office bearer will be sanitised. And the worst was to expect this action from the new dawn administration which had suffered so much under the previous government,” Changala said. “The framers of the Constitution knew very well the DPP had to have security of tenure and enjoy almost 90 per cent or close to that of the security benefits of a sitting judge. That the judge is independent and the judge must operate within the realms of the Constitution. And it’s from that premise that everybody from independence realised that the office of the DPP was well secured, yet highly sensitive when it comes to the dispensation of justice in the Criminal Procedure Code.”
He explained why he felt the DPP’s office had become a political target whenever there was a change of government.
“However, it has come into public domain that that office is the target of a newly elected government. For it wants to assume a relatively friendly DPP not for national interest, but for the interest of an elected government to sweep things under the carpet. There was no reasonable cause at least to understand the removal of Mutembo Nchito. And that’s why even the tribunal report has been kept as a state secret. It has never been exposed to the victim,” Changala said. “It’s because the previous tribunal was a kangaroo tribunal that perpetuated injustice in order to revenge on the DPP for whatever he could have done in the past against certain members of the tribunal. But the tribunal was fortified through the Executive’s misconduct.”
He challenged the UPND to explain when they developed intentions to remove Siyunyi.
“Fast forward, we have the case of the DPP Lillian Siyunyi being removed from office. One would ask a legitimate question as when did the desire to remove the DPP arrive? Is it when they won the election? Were there any movements towards the DPP to vacate the office and become a judge of Court of Appeal?” he asked. “And when that failed, wasn’t there a Milingo debacle where a nolle was entered, but before the nolle where an immunity had been entered? And who organised the movements towards Milingo’s immunity or indeed the nolle? This is where the injustice of Madam Siyunyi comes in because there was a premeditated desire to have her removed from office. The people who made the move towards the sitting DPP Siyunyi was the Executive.”
Changala recalled how State House used some of its agents to force then Konkola Copper Mines provisional liquidator Milingo Lungu relinquish his office.
He outlined names of people that were involved in negotiations with Lungu on behalf of State House.
“And I must mention here that in the matter of Milingo, the movers of the treacherous desire to have Milingo relinquish his position as a liquidator was a matter that was around State House. It is not a hidden fact that the special assistant to the President for legal affairs Mundia was involved, the senior private secretary Mr Bradford Machila was involved, the Solicitor General Marshal Muchende was involved,” Changala explained. “And Marshal Muchende there’s a letter where he is asking the DPP to go to court and ask for an adjournment. And this is where the DPP gets entangled because the DPP by law is not supposed to receive instructions from anybody. Now when it comes to punishment, Christopher Mundia is not discussed and is free; Bradford Machila is not discussed and is free; Marshal Muchende is not discussed and is free. The only time action must be taken is against the DPP, in exclusion of the major players in this illicit abuse of office by the Executive.”
And Changala wondered why Siyunyi was only tried on two cases out of the 11 that were submitted against her to the JCC.
“Fast forward, 11 complaints were submitted to the JCC. And those complaints include the Attorney General, it includes Madam Mary Chirwa the director general at DEC, it includes Pilato. Now, the movement towards the JCC was on the basis of the Milingo debacle because that has a national character. What do we see? When Madam Siyunyi goes to JCC, for whatever reason, the matters are delayed back and forth, back and forth,” said Changala. “Chances are reduced to two complaints: the judgment by justice [Edward] Musona and MMD motor vehicles. The Milingo debacle is dropped, and yet that is the most serious matter. They go for MMD motor vehicles of the [Felix] Mutati-[Raphael] Nakacinda faction. Then there’s a judgment where certain people have complained about justice Musona’s judgment against the DPP. And they use that to remove Madam Siyunyi from office. My take on this is that the issue of Milingo should not be buried for political expedience. That is a matter that should have unfolded to its full extent in the JCC. And this is a matter that should have been used as a bedrock when finding Madam Siyunyi wanting.”