Africa-Press – Zambia. Chapter One Foundation says the Drug Enforcement Commission (DEC) has a legal mandate to investigate a person who held office of President or who performed executive functions for committing an offence while in office or during the period that person performed executive functions.
This follows reports on the legality of DEC’s alleged investigations on former President Edgar Lungu that have surfaced on allegations of money laundering.
Some members of the public are questioning the legality of the actions by DEC in investigating the former President in light of the fact that he possesses presidential immunity from prosecution under Article 98(4) of the Constitution.
However, Chapter One Foundation executive director Linda Kasonde said the immunity referred to in Article 98 of the Constitution refers to criminal proceedings and not to criminal investigations.
“With regard to the powers of the Drug Enforcement Commission to investigate President Lungu, section 4(1)(b) of the Narcotic Drugs and Psychotropic Substance Act No. 35 of 2021 provides that one of the functions of DEC is the preventing and investigating of money laundering and related offences. Article 98(5) of the Constitution sets out what happens in the event that the criminal investigations establish cause to prosecute:
Where there is prima facie evidence that a person who held the office of President or who performed 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 the National Assembly to remove the immunity from criminal proceedings of that person,” she stated.
Kasonde said in order for there to be prima facie evidence, there must have been investigations in order for that to be established. She explained that previously, there was no laid down procedure for removing the immunity of a former President, however, Article 98 of the Constitution, as amended in 2016, now provides for that procedure.
Kasonde said 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 principal of the presumption of innocence.
“This means that every person who is charged with a criminal offence is presumed to be innocent until proven guilty.
“The law does provide redress for persons who believe that they are being unfairly targeted or maliciously prosecuted, and anyone who believes they are, including former Presidents, may explore that avenue through the courts,” she stated.
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