And Mr Sangwa has urged LAZ to take the matter to court if it had enough evidence that the DPP’s action was against the law and advised LAZ to stop behaving like hooligans or vigilantes who worked without evidence.
Mr Sangwa, speaking as a constitutional lawyer in an interview yesterday ( Dec 27th), said what LAZ was doing was sad because instead of strengthening the law using its own tools, it was actually weakening it.
He said the DPP was supposed to operate independently and that if people had questions about certain decisions, they should be able to state the basis of the wrongs that he had done and later follow the channels that be.
“No one in this country has exclusive powers other than those of the DPP. His decision only matters, others don’t because they don’t have such powers. This is a sad development. This behaviour does not contribute to the strengthening of the law, it is actually lawlessness,” he said.
He said LAZ was not supposed to undermine a legal institution because its obligation was to strengthen it and that those without evidence should learn to accept the outcome of cases.
He said LAZ was well-versed in law and knew that the DPP was the only one in the country with exclusive powers, whose actions on whether to further prosecute a matter or not, should be respected because he does that under constitutional provisions.
He said LAZ was supposed to be operating as a statutory body with specific obligations under the law by providing guidance and not like non-governmental organisations (NGOs).
“LAZ should learn to accept the opinion of the DPP. It is his opinion that matters and not anybody else’s, when the DPP makes a decision unless there is evidence of it being tainted. Otherwise nobody’s decision is as vital as his, who are we to question it? We must respect that. LAZ doesn’t have constitutional powers,” he said.
Mr Sangwa said the only time one could question the DPP’s move was when there was enough evidence that his decision was tainted or influenced.
He said in the current debate, LAZ could only question the DPP’s actions to withdraw second Republican president, Frederick Chiluba’s appeal if it had enough evidence that the DPP’s action was tainted.
“The only time you can question the DPP’s move is when you have evidence that he did not make his decisions independently, if he was bribed or coerced, then his decision was tainted, this can only be challenged in the courts of law and not in the Press,” he said.
He said LAZ was well aware of all legal procedures and wondered why it had decided to speak through the media and yet taking the matter to court was not a difficult thing to do as both parties would be given time to exculpate themselves accordingly.
He said the DPP would be given an opportunity to inform the court if his decision was tainted or coerced as well as LAZ and that the court would be allowed to make a ruling, which ruling should be accepted by both parties.
“If there are grounds for LAZ to impeach the decision of the DPP, the best is to move the court, ask it to quash the decision of the DPP against the appeal of Dr Chiluba and then compel him to appeal.
Times of Zambia
Sangwa firing. You really need to be carefull with these lawyers
Thats Sangwa now speaking as a constitutional lawyer.Anyway,he has a point,LAz should not reduce itself to a political tool but a a champion of rule of law.You cant just dethrone the DPP on flimsy grounds.But again here,Sangwa is speaking as a successful and victorious defense attorney of Chiluba and wouldnt want to go back to the courts if the DPP sanctioned the appeal of one kafupi.
Well LAZ had reasons for their positioin. So wwhat they gave was their considered view
Irregardless of who Sangwa represents, what he says above is true depiction of the law. An accurate interpretation of the Constitution and the legal position of a DPP in Zambia or infact similarly in South Africa. It was totally unprofessional and ill informed of Lungu to rash to the Post to make a statement on this issue, by parading himslef with people who do understand the law as well as Lungu. LAZ is not body that can be reduced and misused in such a manner, for what to please a few people? Although Lungu could have been justified in raising a case againts DPP, the manner he carried himself is wrong, and for that I am also calling for his resignation, for insulting the diplomacy, reserved culture that comes with the law profession.
Sangwa is very right it is wrong for LAZ to be talking through the media and should not be used by poiticans not that i support corrupition but things should be done in a proffessional way, Let them take the matter to the courts of law if the have issues with the DPP, the law should be above politics in Zambia.
In this case I think LAz had privately writen to the AG and were now only reacting to A statment from one of the Ministers when they went to the press
As much as Sangwa might have a point am afraid he is an interested party as Chiluba’s lawyer!!!
Mr Sangwa might be a lawyer but definitely not a thinker. These are the qualified derelicts that Zambia does not need. Calls for the resignation of the DPP are in order. The man is not an independent actor but a puppet on strings.
WUUNDAKU MAN!
I’M WONDERING WHY LAZ IS BEING BLAMED FOR GOING TO THE PRESS AND NOT SANGWA. COME ON MAN, THEY HAVE ALL RUSHED TO THE PRESS. SANGWA IS A MEMBER OF LAZ, WHY DIDN’T HE WRITE THEM TO ADVISE LUNGU. IN ANY CASE, WHETHER HE HAS A POINT OR NOT IS DILUTED BY THE FACT THAT HE HAS AN INTEREST IN THE MATTER AT HAND….. HE IS CHILUBA’S LAWYER
#7 You don’t say. Sangwa is working for Fred? Unwise and corrupt.
Zambia the real Africa, Zambia the real Africa everyday news is full of drama. Hey has anybody heard from veteran and patriotic lately who are always attacking the intellegence of Zambians while on a Zambian payroll just to blog no sense
These two are behaving irrationally..they are both lawers and it seems they can’t iron out their differences in their tiny offices,they have to wash their linen in public.DPP has his hands way up in Chiluba’s case it boggles how they intend to dispose of evidence help in numerous law enforcement agencies in the world regarding Zamtrop and it’s operations,if there was no evidence wouldn’t it be a waste of time for Governments to provide assistance in the investigative work Zambia Police?Zambians we have been DUPED once again!!!!!!!!!
Simple Question. Who was Chiluba’s Lawyer? Answer = Simeza, Sangwa and associates. Now you should understand what this is all about. …..
LAZ is in order. PLEEEEEAAAASSSEEE give us break!!!
The law profession is proclaimed to be membered by learned people. Ah, I think we have law prostitution here, some lawyers have really lost it, this country is not going anywhere, God help us. Even if Sangwa is Kafupi’s lawyer such audacity is really nauseous, kuti waluka ndelenda. Ata bane ubupuba !!! LAZ has no real rules, maybe this explains why the Red Lipped Viper has no respect for LAZ. Corruption is chewing my beloved country, Zambia in tatters!!!!!!!!!! Lukatazho mwane!!!!!!!
nobody is right. The whole thing is a sham and lets forget about it and concetrate on developing the country.
The people of Zambia are waiting for all of you in other contries to invest something in the areas you came from and uplift the living standards.Even in a small way.
iam disappointed with LAZ.Beleave or not even if Sata becomes president he never presecute Chiluba his difence will be it is Banda who acquited him.The DDP is absolute power and can only be challeged by taking his decision to the court.Otherwise LAZ is acting like ba Kaponya in the street.
Indeed there is no honour in the Zambian legal fratenity. It is appauling that Sangwa would ignore the humongous conflict of interest he is in by admonishing the LAZ while knowing only too well that he is Chiluba’s lawyer on the subject matter that has given rise to calls by the LAZ to have the DPP removed from office. I honestly despise lawyers, especially the likes of Mchenga, SangwaPO, Kunda, Kapumba Mumba etc who think they are very clever when if anything they are dull chaps who landed in the school of humanities to study law because they failed to enter the School of Natural Sciences to study enginering and medicine. I just hope the next Zambian president is going to clip the wings of this pathetic profession that is wretching this nation.
There is no amount of positive spin scoundrels can put on Mchenga’s acrobatics on Chiluba’s appeal case that will take away the fact that he acted not in the best interests of the state he was supposed to represent. The man is damaged goods and the longer he remains in office the more respect for that office is going to be eroded. The same law they went out with clear intent to bend is the same one they purport to be defending and patronising us with their silly constitutional law degrees from which they seem to have learnt nothing about decency in all they do. Sangwa should for once stop pretending there is constitutional rule of law in this country, otherwise he would not have petitioned for the removal of the CJ who is over the age limit contrary to the law.
Just writing a new constitution for a country of 11 million people is taking nearly a decade and someone wants to lecture to us that there is constitutionality in Zambia just because they are a constitutional lawyer themselves, atase! Lawyer always like referring to themselves as “learned this, learned that” but if you critically look at what they do, it all amounts to nothing but scheming, “chila bushiku na akasuba” to defraud you and I. No wonder when lawyers die, even vultures won’t eat them for the simple reason that even the world’s most brazen undertakers have taste.
#11 Shi muchita panono,
most diplomatic offices are closed for christmas, so Veteran and his fellow caders have no access to free internet to spew their drivel from, they cant afford their own internet in their shared apartments
Darius Kalebo was stranded on Chilubi Island with Frederick Chiluba, Nevers ‘Spoiler’ Kapenda and Sangwa, and he had a pistol with only two bullets to shoot two of the three low lives, what did he do? Shot Sangwa twice in the head.
A physician, an engineer, and an attorney were discussing who among them belonged to the oldest of the three professions represented. The physician said, “Remember, on the sixth day God took a rib from Adam and fashioned Eve, making him the first surgeon. Therefore, medicine is the oldest profession.” The engineer replied, “But, before that, God created the heavens and earth from chaos and confusion, and thus he was the first engineer. Therefore, engineering is an older profession than medicine.” Then, the lawyer spoke up. “Yes,” he said, “But who do you think created all of the chaos and confusion?”