Green Party President Peter Sinkamba has said that in the Laws of Zambia, there is no provision which provides for the request the Director of Public Prosecution (DPP) is making to the Republican President Hakainde Hichilema to lift the Oath of Office.
In a statement posted on his social media page, Mr Sinkamba said that the Oath of office requirement is provided by Article 260 of the Constitution of Zambia 2016 and that this provision does not empower the President to waive the oath after it has been administered.
Mr Sinkamba said that the President has no powers to waive any Oath of Office, adding that a witness who appeared before JCC is protected against any punishment for testimonies they make to the commission, provided those statements are truthful.
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ANOTHER ILLEGAL ACT IN THE MAKING BY DPP: NOW SHE WANTS THE PRESIDENT TO DO AN ILLEGAL ACT
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I have come across a copy of the letter dated 25th April 2022, purported to have been written by the embattled Director of Public Prosecution (DPP) Lillian Siyuni to the Chairperson of the Judicial Complaints Commission (JCC).
In this letter, the DPP informed the JCC that she is unable to respond to numerous complaints against her before JCC because she is constrained by her oath of Office. She has further informed the Commission that she had written to President Hakainde Hichilema to give her authority to clear the allegations being levelled against her.
In essence, what the DPP is requesting the President is to lift the Oath of Office. The tricky part about the request the DPP has made to the President is that in the Laws of Zambia, there is no provision which provides for such a thing.
The Oath of office requirement is provided by Article 260 of the Constitution of Zambia 2016. This provision does not empower the President to waive the oath after it has been administered.
The other law that provides for taking an Oath of office is the Official Oaths Act Cap 5 of the Laws of Zambia. This Act mandated every person assuming a public office, member of the House of Chiefs, and presidential appointee, to take an Oath of Office and such other oath, as prescribed, before carrying out the duties of the office.
Section 11 of the Act provides that the President may by statutory instrument specify any office to which a person appointed, elected or nominated, shall not act or perform duties of that office unless he has taken and subscribed to the Oath of Office; require any person, before performing the duties of any other office, to take and subscribe, any oath prescribed in this Act before the official specified in the instrument.
Nowhere is it stated in the Act that the President may waive the Oath of Office after it has been administered. Therefore, if it is true that the DPP has written the President to waive the Oath of Office, then what she has done is to request the President to carry out an illegal act. For, the President has no powers to waive any Oath of Office. I will be shocked if President will fall into this shrewd trap.
As a senior lawyer, the DPP should know that every witness that appears before JCC is subjected to take an Oath to tell the truth. A witness who appeared before JCC is protected against any punishment for testimonies they make to the commission, provided those statements are truthful. In fact, the Judicial Code of Conduct Act also provides for the holding sessions in camera.
So, the DPP does not need any other protection but that which is provided for by the Judicial Code of Conduct Act. I repeat what I said earlier: instead of complicating her life further, I urge her to resign. She will be more dignified if she resigned now than be thrown out after attempts to bruise everyone along her way. This remains my humble advice to her.
She is just trying to hide behind the Orth issue. Just answer to the charges leveled against you mama. And if found guilty, I hope she is arrested and charged accordingly. We cannot be having impunity in public office. That ended with the corrupt PF so people need to adjust to the current decency required of governance
Her request appears is to give the powers that be an opportunity to reconsider the agenda to totally discredit her to the nation. If she testifies the truth, the opposite will definitely be the case and set grounds for impeachment. God loves justice, best not to apply unjust weights, especially if she’s telling the truth. Leave her alone to do her job. She has proved herself to be very professional. We have prayed a hedge of thorns around her and her family. Any work of darkness concerning her and her family will backfire and return back to sender 7 times or worse. Let’s move on with the business of governing but with the fear of God.
She is trying to implicate the President. Bloggers what’s your take? Some of you here wanted our President to break the law by lifting Siyuni’ immunity.
Very true….. !
She thinks she more intelligent in legal matters than the president but she will be shocked. PF can’t be WISER THAN UPND. No matter how they try it.
HH and other well meaning Zambians like you Sinkamba will screw Sakwiba Sikota and his conmen.
Personally I will NEVER forget the ILLEGALITY Sakwiba and Mvunga did in 2016 presidential petition. HH has not forgotten BUT HE IS PLAYING DUMB. Don’t take him to be stupid. He has forgiven BUT WHY AGAIN this foolishness from Sakwiba??
This is the work of the PF. Siyuni must resign forthwith, she can not have her cake and eat it, the devil is in the details. PF used KCM as their cash cow and Milingo at the helm then was their stooge who did their dirty work. What Suyuni is trying to do is to implicate the president of having been part of the scheme to give Milingo immunity against prosecution. Go to the JCC and open the Pandora’s box and see what happens.
Don’t get excited by this day dreaming weed grower. The whole can of worms gonna open and spill. She’s a lawyer and janjaweed isn’t one.
Siyuni might have a lot of information to reveal which may result in the exposure of illegalities committed by HH and the UPND government in the Milingo issue. She needs to be protected from the ravenous wolves in the New Dawn government. Remember the mysterious death of Mukelabai Mukelabai? My advice is that she resigns, goes into exile, and then bares it all.
People seem to be blinded and are unable to read between the lines. Perhaps we should have a minimum level of education requirement to allow people to blog. Do you not see that Her testimony can be disastrous to some?. She’s given an opportunity for people to avoid a nuclear fallout. I suspect that shortly you will see all agitation for her removal go away and instead she will be praised by the very people that are calling for her head. And instead another zealous woman will be dropped or sent into foreign service
Her testimony can be in camera…but let her respond to the charges…we have seen this movie before including the entering of a noelle in ones own cause to mock justice….
FOR HER OWN SAFETY IT IS BETTER FOR THE DPP TO RESIGN. PEOPLE CAN GO TO GREAT EXTENTS IN ORDER TO REMAIN IN POWER. I THINK SHE HAS MADE HER POINT CLEAR. BUT IF THESE PEOPLE DON’T WANT YOU, IT IS BETTER TO LEAVE THEM IN PEACE. THIS GAME BEING PLAYED ON THE MEDIA IS SO DIRTY CURRENTLY. IF BEING FREED FROM THE OATH WILL SPELL EMBARRASSMENT FOR HH, THEN BE SURE THAT THE PRESIDENT WILL NOT FREE YOU FROM THAT OATH. MADAM PLEASE JUST STEP DOWN PEACEFUL. THE GAME IS NOT IN YOUR FAVOUR EVEN IF TRUTH MAY BE WITH YOU.
She must not resign. We need such professional and courages individuals in such positions for the integrity of the system. As it is the so called bishops and clergy are quiet on the dereliction of justice in Zambia through abuse of authority. Their end will be according to their works or lack of.
She will not co-operate with JCC so now what is the way forward?
Grace!
Lawyers and accountants have destroyed Zambia. On top of accountants stealing money, lawyers muddle everything until it’s election time again. No progress made. What was Milingo’ offer for his immunity? What or who is he throwing under the bus?
Thats true…
I never heard of the previous DPP’s making such a request.
The problem is that the DPP herself is getting advice from PF lawyers like Makebi Zulu and Milingo Lungu.
There’s nothing that can’t be reversed. This gimmick was used in FTJ’s time by those that cut deals during privatization and signed agreements that disadvantaged Zambia. They misled us that those development agreements couldn’t be reversed but LPM did it and introduced windfall tax. Peter Sinkamba must be out of his mind. Don’t gag the DPP with senseless interpretations of the Law. We want to hear the truth. You’ll not dribble like was done in the Sokoni’s letter.
Leave her,she is just continuining cutting her cloth short. Cos the way things are moving now,when she is finally fired or droped by the JCC she will further be bared from practicing,and no one will want to employ her again. So she ll run together with her fellow thieves to other Countries,i hope they run to here South Africa so that they can find Xenophobia waiting for them.They will learn a better lesson that way trust me. Next time they come to Zambia, they will respect the president, other office bearers and public funds.
Mr. Garry Nkombo did not contravene any law. Everyone must carefully describe Mr. Nkombo’s actions and, read and understand the Zambian law in its entirety. I have read and understood all the reactive comments. I also followed emotional and unbalanced views of all concerned parties in terms of Mr. Nkombo’s actions. Honestly speaking, neither the emotional views nor unbalanced comments make any sense and, they fail to add any value to the cream of the matter. Most significantly, Mr. Nkombo must stop commenting on the matter at issue. Mr. Nkombo must contact his attorney and direct all concerned parties to his attorney. The lady is not a victim but a willing participant in an illegal activity and, she must be treated as such. No amount of sympathy and twisting will turn her into an…
I am beginning to think that the Attorney -General is hiding something and that;s why the DPP is intent on clearing her name and hence her request to the president to allow her to do so. This case is dragging on simply because the Attorney-General, as chief legal advisor to the government, has not said anything else apart from denying that the State entered a nolle prosequi and immunity agreement with Milingo. He agrees that he and his subordinates met Milingo. The big question is: what did the State do to convince Milingo to resign as provisional liquidator for KCM? According to Milingp he was promised a nolle and immunity from prosecution. and that’s why he agreed to resign, and this makes a lot of sense. The Attorney-General needs to answer this question otherwise…
nobody will believe him.
As things stand better to talk with or without that close so that no one hatches a thought to silence her otherwise. This is not just about her reputation, but her life too.
Grace!
Immunity from prosecution. Just what did this Milingo Lungu do wrong during his tenure at KCM for him to have feared so much being prosecuted he had to accept being protected from being hauled before the court of law?