Africa-Press – Zambia. The Law Association of Zambia (LAZ) has said that the Director of Public Prosecution(DPP)’s- mandate does not extend to sanction who or whom to arrest and re-arrest.
LAZ Honorary Secretary Sokwani Chilembo however said that the DPP has exclusive power to undertake and institute criminal prosecution before any court of law.
Mr. Chilembo cited article 180 of the Amended 2016 Constitution as read with Section 8 of the National Prosecution Authority -Act of 2010, adding that LAZ expects the office of the DPP and law enforcement agencies to collaborate on matters falling within their jurisdiction.
Mr. Chilembo said that the DPP’s office and investigative wings are critical to good governance and administration of justice. He has described as unfortunate the leakage of a letter allegedly written by the DPP to the Drug Enforcement Commission (DEC) questioning the re-arrest of former Konkola Copper Mine(KCM) Provisional Liquidator Milimo Lungu.
Below is the full statement PRESS RELEASE BY THE LAW ASSOCIATION OF ZAMBIA APPARENT OVERLAPPING MANDATES BETWEEN THE OFFICE OF DIRECTOR OF PUBLIC PROSECUTIONS AND THE DRUG ENFORCEMENT COMMISSION IN CRIMINAL PROSECUTIONS
The Law Association of Zambia has taken an interest in the matter concerning the apparent overlapping mandates between the office of Director of Public Prosecutions (DPP) and the Drug Enforcement Commission (DEC).
Both are critical institutions of administration of justice and good governance in the country, in so far as the conduct of criminal proceedings is concerned.
This Press Release is anchored on the backdrop of a confidential letter from the DPP to the DEC Director General, which letter was leaked, a practice that LAZ finds very unfortunate.
Be that as it may, in the said letter, it is alleged that DEC’s action to re-arrest Mr. Milingo Lungu, on same or similar charges, without any instructions from the DPP, following the DPP’s exercise of her Constitutional powers to enter a nolle prosequi, is unconstitutional.
While LAZ expects and encourages the office of the DPP and DEC or indeed any law enforcement agencies to collaborate in matters falling within their respective legal mandates, the law is categorical in so far as the parameters of their regulatory mandates are concerned.
It is LAZ’s view that 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.
LAZ has since shared this position with the Attorney General and the respective offices to address the situation, for good order, promotion of the rule of law and entrenching democratic principles in the country. Dated this 12th day of April, 2022. Sokwani Peter Chilembo HONORARY SECRETARY
For More News And Analysis About Zambia Follow Africa-Press
