Director of Public Prosecutions (DPP), Lillian Shawa, has revealed that the Constitutional Court used it discretion not to prosecute UPND leader Hakainde Hichilema for contempt and that her hands are tied because the decision to charge Mr. Hichilema is the discretion of the Constitutional Court that was scandalised by Mr. Hichilema.
In a response to Henry Chilombo of Lufywanyama who has called for Mr. Hichilema to be prosecuted for criminal contempt of scandalising the Court when he called 3 Constitutional Court Judges corrupt, Lillian Shawa has stated that “the Constitutional Court at its discretion has not taken the matter, which her office will respect and adopt.
Earlier last month, UPND leader Charles Kakoma had stated that the Constitutional Court decided not to charge the UPND leader with contempt because they did not deem it as an offence for Mr. Hichilema to call Judges and the court as corrupt and three musketeers who are agents of evil.
The Director of Public Prosecutions also took note of the remarks by the then Acting Chief Justice Marvin Mwanamwamba who said the Constitutional Court for “unexplained reasons” has not cited Mr. Hichilema to prove his allegations against the court.
Various legal scholars, civil society and politicians have been divided on the failure by the Constitutional Court to cite Mr. Hichilema for contempt. In 2016, the Constitutional Court called for disciplinary action against UPND lawyer Martha Mushipe who has since been stripped of her practicing certificate and has her law firm closed.