Tuesday, June 25, 2024

DPP gives reasons it will not prosecute HH for his Contempt remarks against Judges

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Director of Public Prosecution Fulata Lillian Shawa Siyuni
Director of Public Prosecution Fulata Lillian Shawa Siyuni

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.

48 COMMENTS

  1. Yes please. Focus your attention on those that stole the cash transfer money and even try capture the big fish looting our country’s resources. Zambia is bigger than HH or Lungu. All Zambians need to be respected and treat fairly. Their country resources must be protected especially from China.

    • According to the constitution, the DPP does not have to give any reasons for not prosecuting or for dropping charges or entering a nolle. Why has this statement been issued. Is it due to undue pressure on the office of the DPP?

    • The DPP is simply trying to inform you that her office cannot cite HH in this matter since the Constitutional Court has not done so. She is not entering a nolle or dropping any charges as there are no charges pending in this case. Otherwise she would not have stated the facts and reason had there been charges placed/pending in court against the deemed offender.

    • Mwati Lilian alasunga inkama uyu mwanakashi? Why is the DPP being so honesty and reach conclusions?
      Now it is Lillian who should be cited of contempt for disclosing the REASON why HH is a free man. Prosecutors should not reach a conclusion, their job is to ask questions, to HH or ConCourt. This is contempt.

    • DOUBLE H 1 – DISGRACED AND SCANDALISED JUDGES 0.
      ===========================
      Citizens, if you are not happy, the law should provide that you can do something about it. The sentiments attributed to double h where publicly made and so, you have the power to bring the judges and double h to exculpate themselves. The allegations are serious and make no mistake, if you are an ordinary person and allege that the judges are corrupt, they will nail and slap a contempt charge on you. Someone somewhere is not doing their job. If you wanna get to the bottom of this, keep rolling. The quest for justice does not begin and end with the judges or chief justice or judges. Just saying.

    • My good God, HH is too powerful in this country to face the same wrath as did Martha Mushipe. The ConCourt picked a lesser one and sacrificed her to show it has teeth but it cant touch the man who has Commonwealth and big boys on his side. Thats how luckier HH is. Ultimately, the Court discretion, if at all its true they used discretion to pardon the criminality of Hichilema, then Hichilema has no moral right to champion the rule of law because he survived on discretions of his friends in that Court. Finally, truth has come out. DPP says he is guilty but won’t prosecute because court used discretion. Wish same discretion applied to poor souls in our prisons.

  2. Freedom of speech is sacred .Now go after murderers ,rapists ,thieves ,corrupt politicians and armed robbers 1st then worry about your fragile ego as last item.

  3. Max, when the law says the DPP does not have to give reasons why they prosecute or not prosecute, it doesn’t mean they should never disclose.

    Rather it means, at their discretion, they can either disclose or choose not too but no one is to take them to task for either decision.

    Similarly, the president doesn’t have to give reasons for appointing or firing anyone but he or she can give those reasons and they do so sometimes, in an unsolicited manner.

  4. The main reason I can think of is that it would take us back to the old wounds of the 2016 election results and start the process of asking those questions they didn’t ask or answer from UPND. So this was Catch 22 and HH knew what he was doing and its good that DPP realised where the story was going. Don’t start a fire that you can’t quench!

  5. So does this mean that the ConCourt was/is agreeable to everything that trib.al Hacks said? I actually have no problem with ConCourt exercising its discretions, the problem is that with their member (of the Judiciary) Martha Mushipe, they exercised a discretion which has literaly killed her, while failing even to admonish tri.bal Hacks. This issue of discretion is now a mess and will haunt the judiciary. Reminds me of one case where a politician was found absolutely guilty of an offence and was given an absolute discharge.
    My final question is whether courts of law really have the choice of discretion? If they apply discretion in one matter what is to stop the next guy from deserving the same discretion? For the DPP, she is absolutely right to keep away from this disgraceful matter. For…

  6. …..For the DPP, she is absolutely right to keep away from this disgraceful matter. For the then acting Chief Justice, he was absolutely correct.

  7. Zambia is animal farm. The rich and powerful ones like HH can run away from any discipline whatsover while the weaker ones like Mushipe gets sacrificed. Same court different eyes. This Constitutional Court ought to be abolished as it has lost respect with way it has handled the Mushipe/HH matter.

    DPP is right. She has thrown the tower that its the ConCourt. She has not exonerated Hichilema. He still carries a tag of being wanting criminally or otherwise. He has no respect for judiciary and Hichilema is a danger if given State power.

  8. I think the ddp & the constitutional court have give akalema enough rope to kulika himself. They will sit & wait for him in 2021 when he runs back there, pleading. Then we will see which “my lords, or my worship” will help him. Anya uyu, aza muziba yesu!

  9. The Courts fear HH may become President in 2021 and deal with them all; they fears donors reaction if HH is cited for criminality. Lillian is smart, she has simply pushed the matter back into hands of court to make the court appear to be one defending HH using discretionary powers. Smart woman indeed.

  10. #12 Kudos, what petitions? Hon Mwanakatwe is busy running the economy, I don’t want the hardworking Minister of Finance to be disturbed at this critical point in time for our economy.
    The high court can exercise its discretion to delay the petition or ignore it altogether till kingdom come. If it works for ConCourt with tri.bal Hacks, it also works for ministers and for you and me and the other guy.

  11. Drama at its highest order in our justice system. Chief Judge wonders why Court failed to prosecute contempt despite evidence; President judge says noted and shuts her mouth up; DPP explains HH has been shielded because of discretionary power; LAZ said DPP has power to act; UPND says Judges didn’t find remarks contemptous. personally, got this notion that justice is justice when poor people are called to answer charges, when women like Mushipe is sacrificed. at this point, anyone who loses a case at ConCourt must take to hearts Hakainde’s words that judges are corrupt. But don’t say it publicly if you poor or don’t belong to UPND.

    • The Judiciary has lost respect. Anyone now can insult th judges so long they have money and are well connected, then go free.

  12. ” since the con-court came onto the scene, the judiciary has never been the same’ . So, so true. What really is the concourt – and their relationship with the Chief justice? Who is the ‘ boss of bosses” when it comes to justice in the country? All these questions are very aptly put by one Dimba -16 above- in my quoted opening remarks.

  13. Sadly HH can’t celebrate knowing that his criminality is shielded by the highest court of the land. What moral right will he have to call others out?

  14. So what does the media that say only people aligned to PF run away from justice? Is HH also aligned to Pf tht his criminality will not be noticed by courts? Ba News Diggers, where re u so u tell us why rich people don’t get punished and only low chaps like Mushipe and Chifire dance to jaws of the law. Shame

  15. PF cadres are getting annoyed HH will not be charged, you should be greatful because your time is coming to an end. You have tried to rule but it’s not working out and Zambians will soon have to find an alternative. They are being colonized by China while the so called anointed one is always away earning that travel allowance

  16. And I quote, “Constitutional Court used it discretion not to prosecute UPND leader Hakainde Hichilema for contempt…” They lent a lesson if you live in a glass house you should not threw stones. They could have exposed themselves kind of opening the can of worms, better leave sleeping dogs lie.

  17. Last warning for the demi-god. Zambia is a country of Laws.

    All those politicians arraigned before the courts will get justice. Next offense the man will be before the court like them. And there will be no co-tail of supporters since they are gone to PF boldness and progressiveness up-lift the livelihoods in the country.

    And his Western masters are embarrassed by his impunity of not respecting laws.

  18. Zambian law sucks. It’s all about status in society, has it been a common Zambian he would have been in jail by now pending court appearance.

  19. Zambian law sucks. It’s all about status in society, had it been a common Zambian he would have been in jail by now pending court appearance.

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