Opposition UPND Legal Counsel Jack Mwiimbu has clarified that what the Director of Public Prosecution has done is not a nolle prosequi but that the treason charge has been dropped in in the public interest.
Mr. Mwiimbu said a nolle can only be entered under Section 81 of the Criminal Procedure Code, adding that the DPP has acted in pursuant to article 180 Sub Article 7 of the Constitution of Zambia.
“A nolle prosequi is entered under section 81 of the criminal procedure code. This allows the DPP to enter a nolle and later re-arrest, but that position is quite different, the DDP had decided to discontinue the case pursuant to article 180 sub article 7 of the constitution of Zambia, which gives the power to the DPP to discontinue any action due to public interest, the integrity of the judicial system and to prevent abuse of the legal process, totally different from a nolle, and that is what she has done,” he said.
Mr Mwiimbu said that that what this entails is that all charges have been dropped and cannot be brought back to court.
And Mr. Mwiimbu has held that the matter of the petition is still in court and the legal team will wait for instructions from the client if there will be any.
He expressed happiness that the charges had been dropped and that their client was out of prison.