YOU CAN INVESTIGATE BUT CAN’T PROSECUTE ONE WITH IMMUNITY – KASONDE
The Chapter One Foundation has reacted to reports that have surfaced to the effect that the Drug Enforcement Commission (DEC) is currently investigating former Head of State Edgar Lungu on allegations of money laundering.
This is contained in a press statement made available to Byta FM News on the legality of the DEC investigations on Lungu.
Foundation Executive Director Linda Kasonde notes that the lifting of immunity as envisaged in the Constitution of Zambia is not for purposes of facilitating investigations but for facilitating prosecution.
Kasonde says under immunity, the complainant can still be investigated but cannot be prosecuted because immunity is his shield.
She further says where there is prima facie evidence that a person who held the Office of the President or who held 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 it to remove the immunity from criminal proceedings of accused person.
Kasonde has noted that in relation to allegations that the former President is being persecuted by the authorities, article 18 of the Constitution provides for the right to protection from the law and it enshrines the principle of the presumption of innocence.