WHICH LAW EMPOWERS THE PRESIDENT TO LIFT PUBLIC OR CONSTITUTIONAL OFFICER’S OATH OF SECRECY?
Recently, the Director of Public Prosecution (DPP) requested the republican President, in a letter, to lift her Oath of secrecy for her to speak out on the issues lodged against her before Judicial Complaints Commission (JCC).
The DPP in her letter to the JCC never cited any law under which the President could lift her Oath of secrecy.
The lodgements against her are from various citizens who are dissatisfied with her conduct in her discharge of her duties triggered by her handling of the MILINGO LUNGU issue.
Fearing the repercussions of the provision of section 5 (1) of the State Security Act WHICH cautions thus;
Any person who communicates any classified matter to any person other than a person to whom he is authorised to communicate it or to whom it is in the interests of the Republic his duty to communicate it shall be guilty of an offence and liable, on conviction, to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years
The State Security Act (1985) which repealed the Official Secrets Act No 12 of 1967 only empowers, in Section 13, the Attorney General to;
Where the Attorney-General is satisfied that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed and for believing that some person is able to furnish information with regard thereto, he may by writing under his hand authorise a named police officer to require that person to give any information in his power relating to such suspected offence or anticipated offence and, if so required and on tender of his reasonable expenses, to attend at such reasonable time and place as may be specified by such police officer
Section 19 of the State Security Act states that Provided that any person may after the commencement of this Act be prosecuted under the said Official Secrets Act in respect of any act, omission or other conduct taking place prior to the commencement of this Act as if this Act had not come into operation
AND scanning through the Official Oaths Act No. 4 of 1990, there is no provision awarding the President the right to lift the Oath of Secrecy for public or constitutional officer who subscribed to the provisions of this Act.
Instead, the President, in section 11 of the Act, is only empowered to administer the Oath not to lift it.
However, late president Michael Sata, in 2012 while swearing some Permanent Secretaries and Commissoners, argued that he was the only one with power to give permission to a public and constitutional offoer who took oath to reveal any thing to the public
He guided that “So, if I don’t give you any permission to reveal anything, no body else will give you permission not even your spouses. What you know, keep it to yourself’
Those with better legal arguments and legal provisions can enhance this argument. I stand ready to be corrected on the law that empowers the President to lift the DPP’s Oath of secrecy.
I submit
McDonald Chipenzi