By Isaac Mwanza
For close to a week now, we have been subjected to a legal discourse around the Nolle entered by the Director of Public Prosecutions, Lillian Siyuni, SC in the criminal case of Milingo Lungu, the former KCM Liquidator who recently resigned his position.
Now we have a fierce battle between the DEC boss and the only lady with authority to authorise or not authorise prosecution of Milingo Lungu and any other criminal matter.
Reading some revelations in the Editorial of News Diggers Edition No. 1183 about the possible settlement after a nolle was entered, there appear to be something more than what meets the eye.
In all this discussion, it is the DPP herself, whose professional image is being damaged at the local and international plane because of the nolle she entered. On the other hand, the events are boosting the image of the new DEC Chief, Mary Chirwa, without appreciating what led to the DPP to enter a nolle prosqui in the matter she has re-opened.
Ms Siyuni has no legal obligation to provide reasons for entering a nolle or refusing to give permission to prosecute any criminal matter. However, this is a matter of public interest which has the potential to ruin her reputation.
But maybe, just maybe, Ms Lillian Siyuni is that person with integrity and capable of standing upto some settlement which made her enter a nolle while politicians are doing the usual thing they are good at: deception.
There is nothing strange about settlements or bargaining in criminal matters. They happen even in the civilised world such as the United States of America, involving prosecutors and accused persons represented by lawyers. But these settlements in the US are done by honest parties, people with integrity who don’t backtrack as long as they all met their obligations.
In Zambia, we have seen criminal settlements executed by the office of the DPP, who is the only authority to stop any criminal prosecution. We saw one such settlement in the treason case of President Hakainde Hichilema and others. A lot of work was done by visiting former President Obasango, the church and finally the Commonwealth Secretary General. This settlement led to a nolle entered in favour of Mr. Hakainde Hichilema and others. Parties acted honestly with each other.
I also had a brief chat with late President Kenneth Kaunda who briefly explained how his retirement from active politics was some form of a settlement but that is a story for another day. I am not good about writing books but probably, such information will one day come out in future.
What about Milingo Lungu? Was his resignation attached to some form of settlement which was revealed by the media and government is simply acting dishonestly by u-turning from that deal after he met his obligation?
Because of public interest and the potential that this ongoing battle will damage the career standing of the Director of Public Prosecutions, it is important that Ms Lillian Siyuni must speak out on her decision making process leading to the nolle. Otherwise, after she is hounded out of office as DPP, she won’t remain in the same standing, especially if she decides to pursue a career outside the country.
So the DPP cannot remain mute at a very crucial time like this. The Attorney General himself cannot remain mute while the DPP is being prosecuted in the court of public opinion. Mr. Milingo and his lawyers should also know that remaining mute is damaging the career standing of the Director of Public Prosecutions.
The big questions are: what does the Attorney General, the DEC Director and the ACC Director know about this deal? Zambians are yearning for the truth of what really happened for that nolle to have been entered. DPP must speak out. AG must speak out. Lawyers must speak out.
Government has compromised the very institutions that make for good governance. By moving moving ACC to State House, they effectively rendered it useless in investigating cases independently. How are they going to investigate those close to State House? That’s why the recent possible fertilizer scandal has been swept under the carpet. The so called donors and CSO’s are quiet and complicit. The US, European and British Ambassadors are are only interested in regimes that serve their interests not the people of Zambia. So hypocritical, that’s why we will always look East for meaningful friendships.
This Lilian is she not just like Chisushi Kasanda, they get appointed just to be there for picture show??
If there are no women left, then don’t appoint just any woman in important possitions.
I have one comment to make here and people should pay particular attention as they read my comment. My comment is, ” I DON’T COMMENT ON COURT ISSUES, NOLLE OR WHAT.” Thanks for reading my comment.
The DEC Chief is too enthusiastic and out of line. How is she going to take cases to prosecution without the office of the DPP? ?f they are incompetent in doing a thorough investigative job that can be prosecuted they should resign and more competent people must be appointed. ?n 8 months with all the state machinery with them if they can’t get one conviction it means they are only acting to please the government of the day and have no capacity to be professional.
Leave her alone. Even she knows that upnd government is fighting political battles using the courts for political gain. Go and kiss a live zesco wire and hold HHs hands whilst you do so. Fuseke
Bally must think twice about this. It will bite him.
When a nolle is entered, the DPP issues instructions for the accused to be arrested on the same grounds with possible amendments. Where no such instructions are issued, no one has authority to arrest the suspect unless it were on different grounds. This is what Chirwa has failed to understand. Siyuni will be vindicated when GRZ will be made to pay millions in compensation. Such similar zealousness by the PF cost the nation a lot of money. There are still bills pending settlement at the Ministry of Justice
@ 3 Ndelolesha and 6 Ayatollah: DPP (director of public prosecutions). It’s in the name. The DPP only has powers in so far as cases are about to be taken to court (gives consent for the start of trial) cases at court (can stop them, dropping cases, or indeed a nolle).
An arrest is NOT subject to the control of the DPP. That would be lunatic. Imagine a person going around shooting people, should the police wait for DPP to consent to arrest?
Similarly, if someone is stealing, should they wait for instructions from DPP?
Refer to Art 180 of constitution for further understanding.
Further @6, a re-arrest after nolle doesn’t require different grounds at all.
Where are legal minds to elaborate on this issue…by the way author how do drop something about KK’s retirement settlement then leave why bring it in …in the first instance.
Do women like her have husbands? Mwaliteta can’t abuse my wife the way I just watched in the video.
Respect other people wives guys.
Politicians, lawyers and after 1991 journalists have ruined the rule of law in Zambia. Now engineers, accountants, businessmen/tenderprenuers and every Dick, Tom and Harry have joined the bandwagon. What a hopeless state of affairs
Some Civil Servants earn more money from Night Allowances compared to normal salaries. Hence faking trips to earn extra money. This is a reason the DEC, ACC & Police have been infested with CAREER TORTURERS. Mary Chirwa must consult Courts Archives that reveal that (1) DEC prosecuted 3 members Asian family in Ndola on allegations of importing cocaine plants from India. DEC lost the case because the imported plants were SPICES. (2) DEC also prosecuted Mrs Musuka on allegations that she was exporting perfumes doctored with drugs. A political persecution of Ambassador Ottema Musuka whom FTJ Chiluba hated. DEC lost the case. The 2 cases were defended by Senior Lawyers.
Mary Chirwa holds a short-lived political appointment. Yet parents take 12-years to educate a child up to Grade 12. She is known by a community in which she lives. Nchito ikasila akaseke nabani? Is this a kind of woman who goes to funerals to shade CROCODILE TEARS? Since Govt Units spend money according to set Budget Lines, the Auditor-General’s Office must seek to establish names of Officers who authorise unproductive trips and payments of night allowances so as to offset misuse of Tax Payers money.
LILLIAN chisushi chakwa Kaisa Ka Zulu.The DPP guys are only good at prosecuting hemp smokers Not high profile cases.They are untrainable.
#7 Chiza, that’s a misinterpretation of the Law, educate yourself further. You can’t rearrest the same person on the same grounds without instructions from the DPP. That matter was already in Court
There are indications that investigative wings aren’t doing their job. They alleged that someone had faked his death and went to exhume his body. They’ve found him in his grave. If it were not a witch hunt, on what basis did they allege that he’d faked his death? This is the madness in the UPND government and indications are that they’ll be worse than PF