We stand with DPP Siyunyi – Silavwe
By Fanny Kalonda
GOLDEN Party of Zambia president Jackson Silavwe says the UPND is trying to bully the Director of Public Prosecutions Lillian Siyunyi into submission so as to bend to their political will and emotions.
“We differ with those calling for her resignation. We stand with DPP Lillian Siyunyi,” Silavwe said.
The UPND in Lusaka have called for the resignation of Siyunyi.
Lusaka province UPND chairperson Obvious Mwaliteta alleged that the DPP is not serving the interests of the country in the fight against corruption adding that the failure to resign would prompt the provincial leadership to apply articles 143, 144 and 182 of the Republican Constitution to have her removed from office.
On Thursday, UPND members reported Siyunyi to Inspector General of Police Lemmy Kajoba for alleged abuse of office and misconduct.
The party members led by Matomola Likwanya said they decided to report the DPP for a criminal offence of conspiracy to defeat the course of justice alleging that the DPP has abrogated section 112 of the penal code.
But Silavwe said Siyunyi was being treated with political suspicion by the UPND for one simple reason that she was appointed by former president Edgar Lungu.
“The UPND is trying to bully the DPP into submission so as to bend to their political will and emotions. The calls by the UPND for the DPP to resign are unfounded,” he said. “Madam Siyunyi is a seasoned professional. It is a clear case of a ruling party, UPND, interfering with the operations of state institutions. The correspondence between the DPP and DEC is good for a growing democracy. It spells accountability and a strong separation of powers between state institutions. We differ with those calling for her resignation. We stand with DPP Lillian Siyunyi.”
Siyunyi has come under fire over her leaked letter to Drug Enforcement Commission director general Mary Chirwa over the rearresting of Milingo Lungu.
In her letter, Siyunyi stated that, “Further, my Office has received information from lawyers, Messrs Sakwiba Sikota, SC and Moses Chitambala, representing the above person that he has been re-arrested on the same charge that my Office entered Nolle Prosequi. My Office has not issued any instructions for you to re-arrest on the same charges. Your actions are ultra vires the Constitution which gives this Office the mandate to give instructions on prosecution of matters. You are been called upon to urgently explain the basis of your actions which are an abrogation of the supreme law of the land, the Constitution of Zambia. Kindly be informed that on matters of prosecution you do not act independent from this Office. You are guided henceforth. I await your urgent response.”
The ruling UPND in Lusaka has demanded the DPP’s resignation charging that she is frustrating the fight against corruption.
The Law Association of Zambia said provisions of Article 180 of the Constitution (Amendment) Act, 2016 as read with section 8 of the national prosecutions authority Act, 2010, make it clear that the DPP has exclusive powers in “instituting and undertaking criminal prosecutions before any court of law”.
“However, this exclusive mandate of the DPP does not extend to directing or instructing when, who and why to arrest or re-arrest any suspect by DEC or any other law enforcement agency in the exercise of their legal mandate, before or after a nolle prosequi has been entered,” stated LAZ honorary secretary Sokwani Peter Chilembo. “LAZ has since shared this position with the Attorney General [Mulilo Kabesha] and the respective offices to address the situation, for good order, promotion of the rule of law and entrenching democratic principles in the country.”