Following President Michael Sata’s ritualistic directives to the Director of Public Prosecutions Mutembo Nchito to charge opposition leader Hakainde Hichilema with a criminal offence for his wealth,the Law Association of Zambia (LAZ) has issued a strongly worded statement demanding that the Head of State respects the Constitution.
LAZ has since advised Nchito to ignore the recent presidential directive to investigate the source of wealth of the United Party for National Development president Hakainde Hichilema saying it is a nullity in law.
Two days ago, President Sata ordered Nchito to establish a criminal element through investigations of HIchilema’s wealth accusing him of plundering national resources when he acted as a private consultant in the privatisation of mines.
This was one of the many times that President Sata had issued instructions to NChito to prosecute his perceived political opponents.
James Banda, the president of LAZ, said in a statement that the Constitution of the Republic of Zambia guarantees independence to the office of the DPP.
He stated that the powers of the DPP are vested in him personally and to the exclusion of all other persons or authority adding that the DPP is not subject to the control or direction of any institution or individual.
Banda added that the Jurisdiction of the DPP is also clearly defined in the Constitution, which is; to commence, continue or discontinue criminal proceeding before the courts of law.
He stated therefore that it is not for any person or authority to make any directions relating to the manner that the DPP shall exercise his constitutional authority noting that the Republican President has no power whatsoever to give any direction or order to the DPP.
Banda explained that the Head of State’s direct involvement with the office of the DPP ends and must end on appointing the person to fill the said position which appointment is of course subject to ratification by parliament urging all political leaders and especially the Executive not to do any act which undermines the office of the DPP.
He stated that LAZ wishes to indicate that the independence of the institutions or offices created to foster the administration of justice and the rule of law is the very foundation upon which constitutional democracy is built and that interfering with such institutions or offices undermines the fundamental virtues of Constitutionalism and Democratic Governance.
Banda has advised Nchito, who is President Sata’s ally, to ensure the office of the DPP reassert its independence by not paying head to political directions adding that this assertion must be done both privately and publicly to avoid a misconception of compromise arising.
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