The Director of Public Prosecutions (DPP) Lilian Siyunyi has described as unconstitutional and illegal the decision by President Hakainde Hichilema of refusing to grant her a waiver of oath of office in respect to the proceedings against her before the Judicial Complaints Commission JCC.
In her notice of application for leave to apply for judicial review proceedings filed at the Lusaka High Court, Ms. Siyunyi wants proceedings before the judicial complaints commission stayed.
She has cited Article 93 (1) of the Constitution which states that any decision made by the President should be in writing and under his signature.
Arising from that, Ms Siyunyi is challenging the decision of the Judicial Complaints Commission JCC deciding that the hearing of the complaints against her with the commission should proceed.
In this matter, the DPP is facing allegations of gross misconduct and incompetence for allegedly interfering with the functions of the Director General Mary Chirwa to have former KCM provisional liquidator Milingo Lungu arrested on fresh charges.
Meanwhile, The Judicial Complaints Commission began hearing complaints filed against the Director of Public Prosecutions, Mrs. Lillian Shawa-Siyuni despite an active fresh court action by Shawa-Siyuni against the State in which she is seeking a Judicial Review against the decision by the President to refuse to offer her a waiver to enable her to testify in the matters before the Commission.
On Wednesday, the DPP sued the Attorney General in the High Court to compel the State to provide a waiver of Oath of Office to enable her to testify without incriminating herself.
However High Court Judge-in-Charge, Hon. Gertrude Chawatama has not allocated the matter yet and was reported to be consulting with the Chief Justice who was in turn reportedly seeking an opinion of Community House on the matter.
On Friday, the JCC chaired by Judge Prisca Matimba Nyambe began to hear the complaints filed by Mary Chirwa of the DEC, the UPND, Elizabeth Chitika and State House Special Assistant for Politics, Levy Ngoma’s agent, Moses Kalonde.
The DPP has been hospitalized and also has a bereavement after losing her father.
The haste by the JCC to hear the matter appears to be designed to overcome the DPP’s fresh court challenge.