Lusaka Lawyer Jonas Zimba has dragged the Attorney General to the Constitutional Court seeking an interpretation whether the Director of Public Prosecutions can be forced to appear before the Judicial Complaints Commission.
Mr Zimba of Makebi Zulu and Associates wants the court to rule within 14 days whether the DPP can be subjected to the procedure under the Judicial Code of Concur when the DPP is not a judicial officer.
He also seeks an interpretation to whether the Article 263 of the constitution as read with Article 180 (7) confers jurisdiction on the Judicial Complaints Commission to try the DPP for any allegations brought against her under Artucle 181 of the Constitution of Zambia as amended under Act No. 2 of 2016.
Mr Zimba is also seeking a declaration that the complaint and proceedings brought before the JCC are void and therefore a nullity.
Yesterday, Justice Minister Mulambo Haimbe asks the JCC to expedite the complaint against DPP Lillian Siyunyi, admitting that there were lapses in the manner in which Mrs Siyunyi has handled some cases before it.
If Zambian elites spend just half of their time on development and manufacturing issues……….
Instead of court cases after court cases……..
Zambia would be the Singapore of Africa…………..
So how are allegations of misconduct by the DPP to be dealt with? It’s looks like a brought-in-dead petition.
Watoloka imisu wanyanta pamafi….this is the Zambia of today and you think we can develop the country like this….Justice department has been taken over by UPND and HH as the head
Some lawyers thinking leaves much to be desired, the constitution is very clear, removal of DPP procedure is same as that of removal of A judge, so why
@ 1 Spaka
i agree with you 100% imagine how much time and resources we are spending every day in the courts of Law fighting each other…..billions wasted…interpreting Laws that even Lawyers themselves dont even understand…and at the end of day what doest it benefit the country?????
@ spaka & Saulosi: I come from a family of service men & women,dont be lied to brothers & `sisters ” There money-Big money is security,in court cases”. Do you think the people that complain abt wasting time are more clever than UNZA graduates at LAZ,JSC,Courts of Laws and Justice ministry,including the UK qualified ACCAs at ministry of Finance(cos they fund these institutions remember? You can answer that yourselves,anyway,my point was “It pays to follow up criminal offences” This is not like a kama Shoplifting at Shoprite or whatever. These are cases involving Millions to Billions when done properly. Its big big money which you cant get anywhere & 90% of the time this money is very much retrievable.
Besides that, i think both Spaka & Saulosi are very dull individuals-how did you even end in the US? cos the US is the largest country to hold its Gvnmnt officials accountable. So if you were not a refugee there,hiding under bridges,u guys wud ve known these things cos then u wud ve legally been sitting in your office or your flast and reading the New York Times abt such. But u ve no clue i can see. Also be aware that American Civil Servants dont build their homes when occupying public office & put impalas in the yard or a Civil employed as a Liquidator transfering GRZ Mine company money into his own personal account. These things dont happen there as their is a different form of curruption there. Cos i know both of u were trying to compare the zambia situation to yours there.But atleast…
So hence you guys there will never have a court full former GRZ officials everyday from Jan to Dec,cos your officials(Not your officials cos you are not American-excuse me!)Cos the American officials in America dont ussually steal blindly in this way the way African do. Let me simply it “Why are Zambin courts not filled with Hijackers, Kidnapers, Scammers, Bank Robbers,Terrorists etc cos that type of corruption is mostly only there.So its for the same reason that you Live with Bank robbers,Hijackers etc and that we Live with the likes of Lusambo,Millingi Lungu & the current DPP etc. I guess that answered your concerns @ Saulosi & Spaka!
Why can’t Zambia get rid of the so called constitution?. It seems no one has clear understanding of whatever something meant. Everyday something has to be taken to con court for interpretation. What guarantee should we have that the concourt panellists won’t misinterpret?.
Wait a minute. Is law taught in Tumbuka or what?
It’s dangerous to hold office appointed by a politician. While the other offices like PS can be handled with a single word these in the justice department are almost impossibble. Hence the inciting of cadres to call for the resignation or removal of the holder. Meanwhile the real mover of the motion will pretend not know or involved. It was certainly coming…all the PF appointed Officers have been removed except in the judicial area.
Zambian lawyers spend all their working life complicating national matters with practical debating legal issues that should have been done at ZIALE. Small wonder Zambian lawyers have failed to give Zambia direction on important national matters. They end up quote after quote and in the end directionless and ended up where we are. Thieves with evidence beyond any reasonable doubt before our courts, its out come and justice will be determined how much the lawyer is paid. An affront to justice.
The problem is that h² wants everything to be under his petticoat. Acc under h², Dec under his petticoat, kajoba under h², speaker under h², CJ under h².
How dangerous! How do you run a country with instructions from cadres.
Zambia will reap political aphids.
Enjoy folks!
These are the lawyers Zambia needs not those content only with wearing white frilled wigs depicting medieval European judges. Lets show the law’s role in a democracy.
IT’S CLEAR EVERY NEW GOVERNMENT WANTS TO HAVE ITS OWN APPOINTED DPP.
SO, LET US STOP THE PRETENCE AND HYPOCRISY OF TALKING ABOUT THE THE RULE OF LAW.
IT’S THE RULE OF THE ONES IN POWER!!
This lawyer must be very dull! He doesn’t know that the DPP is the Chief Prosecutor? If a Chief Prosecutor is not a Judicial Officer then what Does the DPP fall under? A Party Cadre?