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Alba Iulia
Tuesday, December 6, 2022

President Hakainde Suspends the DPP with immediate effect

General News President Hakainde Suspends the DPP with immediate effect

President Hakainde Hichilema has with immediate effect suspended Director of Public Prosecutions (DPP) Lillian Siyuni. The President has since appointed Katongo Ian Waluzimba as acting DPP for administrative convenience.

President Hichilema has acted on the recommendations contained in the report presented to him by the Judicial Complaints Commission (JCC).

Presidential spokesperson Anthony Bwalya says in a statement to the media last evening that the suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia.

Two weeks ago, DPP, Ms Siyunyi applied for judicial review in the High Court with an interim demand for an order to stay the decision by President Hakainde Hichilema refusing to grant her a waiver of the Oath of Office so she defends herself before the Judicial Complaints Commission (JCC).

Ms Siyunyi also sought an order to stay the hearing of complaints lodged by the public with the JCC pending determination of her application and wanted an order quashing the decision of the President.

According to a notice of application for leave to apply for judicial review filed by her lawyers AMC Legal Practitioners in the Lusaka High Court, Ms Siyunyi contended that the decision of Mr Hichilema to refuse to grant her a waiver of the Oath of Office in respect of the matters complained of by the public lodged with JCC is illegal.

The DPP further added that this is ultra vires Section 5(1) and (2) and Section 6 of the Official Oaths Act chapter 5 of the laws of Zambia as read together with article 182 (1) and (3) and article 93(1) of the Constitution (amendment) Act no. 2 of 2016.

“It is contended that the President failed to understand the contents of the oath of office made pursuant to section 11 of the Official Oaths Act and the provisions of article 93(1) of the Constitution. That the applicant can only directly or indirectly receive or transmit any information or matter made known to her by reason of her office except as may be required in the discharge of her duties as such or with the authority of the President and that the decision or instruction of the President shall be in writing under the President’s signature,” she states.

The DPP contended that the waiver she was seeking ought to be in writing and under the hand of the President and not the Attorney General.

Among the reliefs sought is a declaration that the decision of the President refusing to grant her a waiver of the Oath of Office in respect of the matters complained of is unconstitutional and therefore illegal.

She sought a declaration that the decision of the JCC dated August 22, 2022 that decides that Article 93(1) of the Constitution (amendment) Act no.2 of the 2016 falls under Part VII of the constitution and therefore that the President’s decision denial to grant her a waiver of the Oath of Office need not be in writing and under his signature and in additional that the decision that the letter from the Attorney General Mulilo Kabesha dated August 4, 2022 denying her the same was a proper decision, is unconstitutional and thus illegal.

Ms Siyunyi also wants the court to declare illegal the decision of the JCC dated August 22, 2022 that decided that the hearing of the complaints against her proceed is unconstitutional and therefore illegal.

She seeks an order that she is entitled to a waiver of the Oath of Office in respect of the specific complaints lodged by the public with the JCC to defend herself.

If granted leave, Ms Siyunyi wants it to operate as a stay of the decisions or further processes to which the application relates until the determination of the same or until the court orders otherwise pursuant to order 53 rule 3 (10) (a) of the rules of the Supreme Court of England, 1965,1999 edition Vol.1.

She has also requested for an oral application pursuant to rule 3(3) of order 53 of the rules of the Supreme Court of England, 1965, 1999 edition volume 1.

Ms Siyunyi said facts are that after his Presidential inauguration, Mr Hichilema called for Zambians to complain in numbers against her and lodge their complaints with JCC.

She stated that the sentiments by the President were also echoed by the Justice Minister Mulambo Haimbe.

She said the first complaint to be lodged was on November 20, 2021, a complaint by directors of Ultimate Insurance Firm Tobias Milambo, Nachi Musonda and Richard Lubemba who alleged that she had abused her authority in the case of The people vs the trial, 25PP/172/2019.

On December 22, 2021, the MMD filed a complaint involving motor vehicles that were impounded in 2011 by the PF government administration and released to the claimants pursuant to the judgement of the High Court dated May 23, 2016, in the case of Robinson Mukuka Blonde vs ACC 2013/HP/0654.

Musician and activist Fumba Chama, alias Pilato, also lodged a grievance alleging incompetence and gross misconduct that she interferes with the Drug Enforcement Commission when they laid fresh charges in the case of The People vs Milingo Lungu (former Konkola Copper Mines provisional liquidator).

Other complaints were lodged by DEC and other members of the public.

Ms Siyunyi contends that at the times the complaints were lodged with JCC, the commission could not sit to hear the complaints as it could not form a quorum.

She said that when commissioners required under the Judicial (code of conduct) Act no. 13 of 2013 were appointed, the Commission did on April 25 , 2022 in writing inform her of the complaints lodged with the JCC requesting that she responds to the said complaints within 14 days.

“On April 25, the applicant responded to JCC informing them that she was constrained to respond to the complaints as her responses would hinge on information or matters that she received or came across in the course of her duties as DPP.”

“The applicant further informed the commission that she had also written to the President to seek clearance as she was constrained by the Oath of Office that she swore and that she shall only be able to respond once she received the clearance,” she said.

She states that she also wrote advising the commission that there was an active matter before ConCourt under cause 2022/CCZ/007 invoking the jurisdiction of that court on whether the DPP is a judicial officer amenable to JCC.

She states as she waited on the response from JCC, she received a letter dated May 3, 2022 from Mr Christopher Mundia Junior, the special assistant to the President – Legal stating that:

“Kindly be advised that your request is untenable at law as the constitutional process under article 182(3) of the Constitution of the Republic of Zambia does not require the President to waive the Oath of Office of an office bearer. Precedent exists to this effect. Further, no provision under our laws permit the President to waive the Oath of Secrecy of a public servant bound by that oath as you suggest”.

The DPP states that through her lawyers she wrote to the Attorney General disputing the response from Mr Mundia not being within his mandate and explaining that the waiver she sought was pursuant to the provisions of the Official Oaths Act, chapter 5 of the laws of Zambia.

She said that the Attorney General responded to the letter saying he had not had sight of the letters by her to the President and the response thereto by Mr Mundia.

Ms Siyunyi also contends that the commission proceeded to schedule the hearing of the complaints on July 18, 2022 despite the President not granting her the waiver.

“In its ruling dated July 19, 2022, the JCC recognising the severity of the punishment on conviction for disclosure of information or matter that came under her consideration as provided for under the State securities Act , chapter 111 of the laws of Zambia, which is a term of imprisonment of not less than 15 years but not exceeding 25 years . The commission ruled: “ …it seems to us that the gist of the matter is that if she is not granted a waiver she would incriminate herself and be amenable to sanctions as provided for in section 4 Chapter 111 of the laws of Zambia,”

The said sections states: “Shall be guilty of an offence and liable on conviction for imprisonment for a term of not less than 15 years but not exceeding 25 years,”

She states that the JCC decided to adjourn the hearing to July 25, 2022 and insisted that the Attorney General respond to the letter.

Ms Siyunyi states that at the next hearing, she raised a preliminary issue stating that the purported denial for the grant of the waiver was from the Attorney General and not from the President, the appointing authority.

She said that the JCC ruled that the response from Mr Kabesha dated August 4, 2022 indicating the denial of the waiver of the Oath of Office was authoritative enough and allowed the Commission to proceed with the hearing.

59 COMMENTS

  1. Let her speak after all you have reinstated those who breached their oath of office.
    By the way this lady saved someone from being sentenced to death by refusing to sign for a treason charge when requested by Edgar Lungu.

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    • How many dodgy Nolles did she sign? How many people did she inconvenience? Read the article an example there…

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    • The reason why HH was not killed is because it would have triggered civil strife and led to a possible civil war. It would also have brought serious sanctions on Lungu from foreign countries. On a couple of the occasions that Lungu arrested HH without charge, it took powerful Western countries to force Lungu to release HH. Lungu is a deranged thug and criminal. He would have happily killed HH if he could, Siluyuni or no Siluyuni. And even if she did what you claim, HH owes her nothing for doing the job she is paid to do.

    • “….the suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia…..”

      Get it ……..????……..

      that must plain English even for a dumas like Saulosi

    • Spaka you are indeed a useful *****. My posting is not about someone’s power to shi.t
      Let that someone allow her to talk if that someone has nothing to hide.

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    • Deja Vu – You don’t just lift oath of secrecy like that for a person in a very influential position like DPP given she is so connected to criminals and thugs.

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  2. I have been vindicated….remember I said HH is just a Politician just like any other previous Presidents…now showing his true colors and thirsty for power…this Demagogue President will cause trouble in 2026 and he is busy putting things in place…DEMOCRACY IS OFFICIALLY DEAD IN ZAMBIA…now he will appoint his friends in all sensitive government positions and ECZ….

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    • I agree with you. HH is like any other politician we have had before. They become president so they can wield power like Museveni.
      He is Enjoying the power we’ve given him by abusing it. He is not a Sankara or Kagame wanting to revolutionarily change his country. He hasn’t gone into power to change Zambia but just to satisfy an ego.

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    • You have been vindicated by nothing. HH is exercising his powers under the constitution to end the tenure of a government employee he does not like. All government employees are part of the executive and serve at the pleasure of the president. This one thought she was an unassailable island. She thought she could be in office forever. Now she is learning that the CEO of the organisation called the government of Zambia, the president of the country himself, doe not want her. She wants him to waive the law so that she can save herself and continue in an office he does not want her in. Siluyuni is delusional and has to go. She is a lawyer, and should obey the law as written

    • suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia……

      Simple enough to understand, no ??

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  3. Refusing to grant her a waiver of the Oath of Office so she defends herself before the Judicial Complaints Commission (JCC) President decides Suspends this is very interesting. Now the big question is why not grant her the waiver why? is the boss so relaxed on the matter? is suppending her the only solution? its better to give the lady chivula mulomo so she can tell the nation what she knows, if she remains with the Oath on her back it will be the wind chasing game why do i say so looking at the weight of the severity of the punishment on conviction for disclosure of information or matter that came under her consideration as provided for under the State securities Act , chapter 111 of the laws of Zambia,

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    • If she needs a waiver, it means that the she is not entitled to what she she seeks, She needs an extraordinary interposition from HH so that she can get what she wants. HH is free to give her that waiver or not. If she was automatically entitled to it, the law would not give HH the discretion to decide the matter. Siluyuni would be able to invoke the right on the whim. It is not that way, however. The law as written does not afford her the right of violating her oath of office. HH has not changed or written the law, he is merely obeying it. Siluyuni should obey that law as well. Siluyuni should understand that it is game over, and start clearing her office for the next DPP

    • Firing people you do not like is exactly how government works everywhere. If she wants to be in opposition of the president, let her join an opposition party, and win a seat a parliament. That is the only forum where the opposition can have a voice. The government is an arm of the executive, a part of President Hichilema’s office. She does not have the right of independent political opinion as a government employee. She serves at the pleasure of the president in power. in fact, HH should fire all PF appointed people in the executive and appoint his own people. The next president should also be able to fire all the people in the executive that he does not want, and hire his own. Siluyuni is PF and therefore needs to go.

  4. Expect things to get worse…HH is just trying to recover the money he has lost for the past 20 years of losing elections….now he wants to get hold of the Judiciary and the ECZ…..end of story…meanwhile there is some serious looting going on behind the scenes whilst gullible Zambians are celebrating Kaloba….just watch what’s happening in Lebanon….Zambia is next

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    • Stop accusing HH of things that are not true. This Siluyuni woman was hired by Lungu. The government is an extension of the office of HH. Siluyuni as a government employee, should be an extension of HH. If he does not want her, she needs to go so that he can hire his own person, the same way PF president hired her. I do not know why she wants to hold on to a job where she is not wanted. HH is not looting anything. The country has nothing to loot. As for the Kaloba, HH is trying to solve the problem. HH came into power and found an unpayable kaloba of US $30 billion dollars borrowed by Lungu and Sata(n) alone. So if you are honest, that is where you lay your criticism of Kaloba, not on HH was has borrowed so little

  5. Those inciting HH to commit these attacks must remember these sayings
    Those who live in glass houses should not throw stones
    Today it’s me, tomorrow it’s you.

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    • HH is not committing an attack, he is cleaning out his government. The whole government works for him; He can and should fire all of the people in the government that he does not like, and replace them with those he likes. Siluyuni is a member of the executive. HH as president is CEO of that executive and is entitled to the employees he likes. This the principle under which Lungu hired Siluyuni.

    • suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia…..

      The ever growing 2.8 million thinks this was long over due………

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  6. Out of curiosity, supposed her waiver of oath is granted, how would we know what she will say? Seeing as the JCC proceedings are held in secret and the proceedings therein cannot be published to the public?

    • HH did not write the law. If the law bars her from speaking, it is not the fault of HH. If she feels aggrieved about this, she should blame whoever wrote the law, and not HH. These people write all these laws, and then cry loudly when the same laws come to bite them. This one is demanding that the law be waived. No, the law should not be waived. It should be obeyed. If there is a provision in the law that ASKS HH to do anything, and then HH is at liberty to do or not do that thing. Siluyuni has no right to make HH do her bidding. This arrogant woman just needs to go. HH received a report, and acted according to his power to suspend her, on the basis of the contents of the report he received. She just needs to go.

    • they should make it public because this is already out we need to know the ending on the other hand it can only be made public if the woman is found with a case

    • They should follow the law. If the law says she cannot speak, then she cannot speak. That is final. She is a lawyer, she should have read and understood the law under which she was hired.

  7. If you think what HH is doing is ok then you need to get admitted to Chainama mental hospital…..HH is a danger to our democracy… CORRUPTION IS ON THE RISE….THE JUSTICE DEPARTMENT IS NOW UNDER HH….THE ECZ IS NOW UNDER HH…THE ACC IS NOW UNDER HH…..

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    • Corruption is not only the rise in Zambia. There is nothing in Zambia to practise corruption on. You shared the country with the Chinese and Lebanese, and left our people landless and impoverished. I was watching the recent COSAFA women’s cup, and could not help notice how the Zambian players were smaller than everyone else, even from countries where the people have far more KhoiSan DNA than we Zambians do. The reason why is the MMD and PF impoverished Zambia, and this generation of Zambians has become stunted in size due to deficient nutrition. eSwatini, Botswana, LeSotho, Namibia, Tanzania, Uganda, etc all field bigger players because they eat more protein. MMD and PF are to blame for what has gone wrong with Zambia

    • suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia.

      Fimba upoke……….

      The ever growing 2.8 million thinks this is long over due……..

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    • Load shedding and cholera were always in Zambia. Blame Chiluba for the filth. He took council houses and gave them away. This left the councils without revenue, and now they are unable to deliver services. Load shedding was worse under previous presidents. It did not start with HH. Cholera is a direct result of poor sanitation, which is a direct result of your preferred political parties destroying the revenue of the councils. This is all on you, and not on HH

  8. This is political. It’s got nothing to do with the job. She must fight for her rights. She must sue the pants off the government

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    • She does not have a right to a government job. She does not have a right to a job in HH’s executive. She is being removed for political reasons, the same way she was appointed for political reasons. HH is now appointing people who have the same political leanings as he does, The next president will do the same thing. The checks on the power of the president come from the parliament and the courts. They cannot come from within his own government, because all of the government is a part of the executive, and works directly for him, All the ministers, all the permanent secretaries, all the ambassadors are representatives of HH and serve at his pleasure. Siluyuni does not fit the mold of an HH official and needs to go.

  9. After losing elections for 20 years its a no brainer to think that Demagogue President HH will accept ruling just for one term…..,,Thank God i dont vote in Zambia….ECZ will soon become HHs personal company and Mutinta will be incharge of the Judiciary just like her kitchen

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    • You can dream all you want. You can be bitter all your want. HH is going to win the next elections comfortably. By that time, Lungu should be in jail, thanks to the new DPP who replaces this corrupt Siluyuni doing his/ her job.

    • The ever growing 2.8 million must now be 3.9 million thinks it’s high time HH sorted out this messed up judiciary from PF reminants……..

      Fimba upoke………Saulosi.

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    • By the time of the next elections, that number may be 5 million. For all of his faults, HH is trying to solve problems and uphold the law. This is not something Zambians have seen or enjoyed in recent years, thanks to the crooks who have been ruling them

  10. How many people in Zambia before have we given “…chivula mulomo so she can tell the nation what she knows”.
    Our DDP will largely be a spent force soon after being retired on national interest.
    All governments want people they can freely work with. She was fired the moment her security was withdrawn. Next on the chopping board are High Court and Concourt judges as alluded to by the Sesheke MP.

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  11. It is good she has been suspended let her matter be heard iin camera so that all she has to spew can be determined…like on politician said..’it will end in tears..’

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  12. Arguing with a President? Where in this world? Let her just find something else to do. For those who were banking on her for Nolles, please find other defence mechanisms. That’s where you have to admire the intelligence of people like Kambwili, Very quiet as if he doesn’t have a very big mouth

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    • suspension of the DPP is an exercise of the powers vested in the President pursuant to Articles 182 (3), 144(2) and 144(3) of the Constitution of Zambia…….

      The ever growing 2.8 million thinks this is long overdue

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  13. This has been long overdue. The corrupt PF will now complain for they no longer have the protection of the DPP. Have you not noticed that its only the PF complaining, the very PF accused of massive looting of govt funds

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  14. #1.4Tarino orange an oath is an oath regardless one’s position in government. What is there to hide She’s not in the military intelligence The whole nonsense is to do with Milingo Lungu and I see nothing inimical to the country in discussing this matter even in public

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  15. Slowly but sure we are becoming a dictatorship kind of Govt. Grave mistakes are being made. ECZ is now in a mess after removing Esau chirwa. DEC and ACC are just running up and down without proper direction… This now is another mistake.. I fore see sinyuni being compansated huge Sums of money… Suddenly like a switch zambia has no proper law excussion from the executive….. Imagine even tarino is making more sense than what is happening now

    • They were robbing together with people like her. However, there is a great ulterior motive. They want to retain her in power so that if they are ever prosecuted, she will abusively protect them.

  16. Siyunyi celebrated the unjust removal of then DPP Mutembo Nchito.
    ECL set up a tribunal of corrupt and tainted former Supreme Court judges from the FTJ era try Nchito
    Now its her turn.
    Fortunately , she has the opportunity to appear before a recognized structure such as the JCC

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    • No, you cannot says that independent. That law does not apply to Siluyuni. She is well above it, and would be insulted by subjection to the treatment she gave others. Siluyuni should stay in power however as long she wants; and she should let however many PF crooks she wants off the hook- She is PF, that is what they are entitled to

  17. Well deserved. Her loyalties were to Lungu, I suspect a lot of underhand payments were rendered to her. Put her out of her misery and let her live of being an actual lawyer.

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  18. Good riddance, she was the most compromised DPP. She can now go and be a private lawyer for Jameson Mataware Chagwa Lungunyolile.

  19. Game on now, this was the heart of PF illegalities, even the recent postponment of elections was her doing, This Zimbabwean needs to put back in her place in Hwange national part were she came from. We need sanity in our institutions. Where in this world did you of such ? a president waivering an Oath do that you can talk nonsense against the same president?

  20. The gullible Lumbani madoda who were celebrating US$1.3 billion have just realized that the money is just on paper and only HH and a few of his Ministers will benefit…..HH IS MORE CORRUPT THAN LUNGU NO WONDER HE WANTS TO GET RID OF SIYUNI

    • You filter everything through your own morality. You believe that where ever there is money, you are supposed to steal it. Not only do you think this way, but you are completely sure everyone else thinks the same way. There are honest people in this world. HH is not taking a ngwee in salary from our broke government, and he is not stealing the money it does not have. He is not like some of you who have so robbed and impoverished the Zambian people, but you have also so malnourished them, that compared to even the people in the neighbouring countries, they are stunted in height and stature. This is the legacy of you thieves. This what you have done to our country

  21. Used and dumped.

    To get to Milingo, she was useful. The casually did the donkey job; she is collateral damage in the PF_UPND feud.

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