
LUSAKA lawyer Christopher Mundia has said Director of Public Prosecution (DPP) Chalwe Mchenga has not done anything wrong to warrant the setting up of a tribunal under the Inquiries Act.
Mr Mundia said in Lusaka that a DPP can only be removed under the Inquiries Act after setting up a tribunal to probe alleged misconduct to determine the merit of particular allegations against him.
He said the current DPP Mchenga had not done anything wrong to warrant the setting up of such a tribunal to investigate him.
He said a tribunal could only be constituted if there was need to determine the merit of the allegations levelled against the office bearer.
Mr Mundia who is a State Counsel said Mr Mchenga was one of the young and intelligent DPPs that the country has had and he was professional in work.He was not protecting Mr Mchenga but the latter had proved to be a good DPP who should not be removed on mere allegations. [quote]
He said the people who were calling for the removal of the DPP had not even read the judgment on former president Chiluba’s acquittal. Mr Mundia said people were mishandling the acquittal of Dr Chiluba because what may appear as evidence to a layman may not be counted as evidence in the court.
He said the principle of law was such that even if there could be a good case before the court, it could be mishandled to the advantage of the accused.
And Deputy Minister of Justice, Todd Chilembo has said that a DPP can only be relieved of his duties if it was proven that he had committed gross misconduct.
Mr Chilembo said in an interview yesterday that if there was reasonable evidence that the DPP had committed an offence such as corruption or anything that was unethical, a tribunal to hear the evidence would be appointed and the tribunal would decide from the evidence if the DPP had committed an offence.
Mr Chilembo said the DPP would also be relieved of his duties if he attained the retirement age saying that a DPP like judges had security of tenure.
The office of the DPP differed from that of the Attorney General (AG), as the AG’s position was advisory while the DPP made decisions regarding prosecution of matters.
Mr Chilembo said it was sad that while matters regarding the registration of the London Judgment concerning former president Chiluba were open to the public, PF president Michael Sata continued to mislead the public on the status of the London Judgment because he issued wrong statements.
Mr Chilembo said the true position was that Mr Kunda had travelled for three days to London to testify over the Vulture Fund case and it was because of his testimony that the claim that Zambia was meant to pay reduced substantially.
[Times of Zambia]