By Peter Sinkamba

The DIrector of Public Prosecution (DPP) Lillian Fulata Shawa Siyuni SC is in an unprecedented dilemma with only two options where either she resigns or she enters nolles in all cases before her brought by either the Drug Enforcement Commission (DEC) or the Anti-Corruption Commission, where arrests were made without receiving instructions to arrest from her.

This is so because the letter that is in the public domain to the DEC Commissioner-General Mary Chirwa, which Ms Siyuni has not disclaimed, rebukes Ms Chirwa for carrying out an arrest of former KCM Provisional Liquidator Milingo Lungu without instructions to arrest from her. The Constitutional implication of this directive from the DPP is that no person should be arrested and docket brought before her for the prosecution of corruption and money laundering matters, if she has not given arrest instructions on those matters.

If she prosecutes other matters where no arrest instructions were issued by her, then she will not only be biased but also discriminatory, and thereby unconstitutional and illegal, pursuant to Article 23(2) of the Constitution of Zambia Amendment 1996 and Article 1(2) of the Constitution of Zambia Amendment 2016.

Although Article 180(7) of the Constitution of Zambia Amendment 2016 provides that the DPP shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, however, this privilege is not absolute. There are four limitations enshrined in this Article. First, the DPP should not exercise powers in a manner that is inimical to the public interest. Second, the DPP should not undermine the administration of justice. Third, the DPP should not undermine the integrity of the judicial system. And fourth, the DPP should prevent and avoid abuse of the legal process.

Article 180(4) of the Constitution of Zambia Amendment 2016, which provides for powers of the DPP, does not give powers to DPP to issue arrest instructions to any law enforcement officer. Therefore, the letter by the DPP to the DEC Director-General is not only inimical to the public interest but also undermines the administration of justice, and integrity of the judicial system, and is an abuse of the legal process.

Essentially, natural justice requires that a person receives a fair and unbiased hearing before a decision is made that will negatively affect them. The three main requirements of natural justice, that must be met in every case are adequate notice, fair hearing and no bias.

Therefore, based on the three main requirements of natural justice, there is a second dilemma that the DPP is confronted with concerning the Milingo case and all other cases from DEC. Now that the DEC has re-arrested Milingo, and meanwhile, there is a direct confrontation between the DPP and the DEC Director-General, considering the confrontation in the hindsight, will the DPP prosecute the Milingo case without bias? Or indeed, will the DPP prosecute all other cases from the DEC without bias?

Articles 180(2) and 182(3) of the Constitution of Zambia Amendment 2016, provided that the conditions that apply to a judge apply also to the DPP. Implicitly, by Article 266 of the Constitution of Zambia 2016, the DPP is a judicial authority, and thereby amenable to the Judicial Code of Act of Zambia.

Thus, the third dilemma confronting the DPP concerns law requirement for judges to recuse themselves if their impartiality might reasonably be questioned.

Section 4 (1) of the Judicial Code of Conduct requires that a judge or other judicial officer shall not discriminate in the performance of their duties of that office. They are required to perform their duties without bias or prejudice and should not, in the performance of adjudicative duties, by word or conduct, manifest bias, discrimination or prejudice. They should also not permit any member of staff or any other person subject to that officer’s direction and control to discriminate or manifest bias or prejudice.

Section 6(2) of the said Act disqualifies a judge of judicial to adjudicate or take part in any consideration or discussion of any proceedings in which the officer’s impartiality might reasonably be questioned on the grounds that the officer has a personal bias or prejudice concerning a party. Thus, where such impartiality may rise, the judge or judicial officer must recuse himself or herself, and the matter ought to be allocated to another judge or other person for adjudication.

The dilemma here is that there is only one DPP. If the DPP is conflicted, that is it! There no other alternative person authorized by the Constitution to perform functions of the DPP. So, what happens to the Milingo case and all other cases brought to her by DEC where she has not issued any arrest instructions, and in view of the direct confrontation between the DPP and DEC DG? Thus, will the DPP proceed to prosecute the cases even if she is conflicted in the manner described?

If she forces matters and proceeds to prosecute the Milingo case and all other DEC cases, two things are likely to happen: first, pursuant to Section4 (2) of the Judicial Code of Conduct, the magistrate who will handle the case may be dragged to the Judicial Complaints Commission for allowing the DPP to take part in proceedings before that magistrate, where the DPP has manifested, by word or conduct, bias, discrimination or prejudice contrary to the Constitution and the Judicial Code of Conduct.

Secondly, if the President is serious enough to defend the Constitution, he may invoke Article 181 to appoint another person to perform functions of the DPP in the Milingo case and all cases brought by the DEC because under the current circumstances, the DPP is unable to perform the functions of office with integrity and without bias or prejudice.

In my view, instead of complicating her life and future as explained above, I think it more honourable for her to voluntarily resign.

The Author is is President of the Green Party

By Dr. Ali El Husseini, CEO, Medici Land Governance

What will Zambia look like when every business decision, government service or a simple transaction is backed by data that are secure, trustworthy, and efficient? This is a goal that was highlighted several years ago by the global community of blockchain developers, to enable a world where every citizen is empowered to own, see, hold, and control their data.

Zambia is on the right path to realizing that goal, thanks to the Electronic Government Act, which was recently signed by President Hichilema. The act is intended to digitize and automate services, which, in turn, will create opportunities for business as well as citizens.

Citing how this new technology push will spark growth in Zambia’s economic output of products and services, Clement Sinyangwe, president of the Information & Communications Technology Association of Zambia (ICTAZ), clearly summarized what the impact of data technology will mean.

“Technology is widely acknowledged as the primary driver of economic growth in countries, regions, and cities,” he said. “Technological advancement enables more efficient production of more and better goods and services, which is essential for prosperity.”

Take, for example, the use of electronic signatures, which is now allowed in Zambia’s systematic land titling project implemented by Ministry of Lands and Natural Resources in collaboration with Medici Land Governance. Electronic signatures speed up the process for individual land and property owners, enabling them to receive their own land title faster and at an affordable cost. With a secure, legal title, owners are empowered to use their property for whatever productive economic purpose they deem appropriate.

The impact of the Electronic Government Act and the approved use of tools such as electronic signature will be broad in the most positive way.

This strengthens Zambia’s growing industry of companies in information and communications technology, by generating new jobs and providing training and career opportunities, particularly to young people.

The technology also gives opportunities for all citizens to be land owners with legal, secure titles.

In Chasu Longwe’s paper, “Securing Women’s Land Rights Through Systematic Land Titling”, Longwe interviewed a woman who obtained titles for her houses in Kamwala South and in the Kuku compound. “I am happy that I was able to be part of this program. Having a title gives me assurance that the place is mine and that my children can inherit,” she said. “It is something that I am proud of as it gives me and my children security. No one can come and claim the house or even encroach in my boundaries. This gives me motivation to even develop my land.”

As Longwe explains, those who once thought that they could never afford the fees to apply for and process a certificate of title to their land and property can now do so. For instance, in some areas, the total cost of a certificate title is 3,122 kwacha. And, owners have the option of paying the balance in flexible installments. Land owners can pay 1,000 kwacha to secure their title and then pay the remaining balance in installments spread over three years.
Technology will make access to land, property, and housing that much easier, especially for women, youth, and vulnerable people who might have thought that such opportunities were out of their reach. Today, technology can be used to gather all the critical details about land and property in one convenient, affordable, efficient source. This includes utilities, underground and aerial mapping and imagery, minerals and natural resources, owner information, regulations for building and planning, etc.

As evidenced by the recent adoption of the Electronic Government Act, Zambia is realizing the promise of technology for business, government services, and citizens. In the plainest terms, the technology of land governance is designed to keep the whole spectrum of the transactions and business firmly in the hands of the people who matter the most — the citizens of Zambia.

By Prince Bill M. Kaping’a Political/Social Analyst

Chiengi Member of Parliament Hon. Given Katuta has deposited something interesting on her Facebook page regarding the question of political prostitution. She observes that in the interest of our feeble and nursling democracy; politicians should stop frolicking around political parties like excitable little monkeys hopping from one tree to another after losing elections, but must rather be encouraged to stick to their political parties if our democracy is to flourish.

“Let’s learn from USA, UK, India, RSA and lastly UPND which spent 23 years in opposition and still remained steadfast until winning in 2021,” she writes.

What do we make of this?

No matter how tough the situation may be, we must be seen to maintain a modicum of decency in our politics……this is what differentiates us from the rest of animals! We can’t have a situation whereby we simply have no qualms evolving from MMD to PF, and PF to UPND overnight! Isn’t it possible to uphold a political ideology of some kind? Or are we simply all students of Daniel Munkombwe’s school of politics par excellence?

This country seems to have ‘kissed goodbye’ to political ideology once UNIP got ejected from power early 1990s. Immediately the flame was extinguished to be replaced by the clock, we woke up to smartly dressed individuals in business suits, their chests adorned with an array of degrees, who wasted no time pontificating about the manner liberal economic policies would extricate us from the quagmire in their impressive fake American accents! Did they even believe in their own mantra in the first place?

Anyway……before long, the clumsy boat would come cruising along and drown the watch as the hour progressed! Facing the imminent threat of being deprived of bread and butter, some of these crafty MMD leaders would swiftly metamorphosize into the green colour. In no time, you would see them storming the villages and shanty compounds kneeling down before humble country folk to portray a humble façade as they espoused so-called pro-poor policies of PF.

And finally when the hand flexed its muscles and capsized the boat, we would see a number of individuals that were pretending to be firm believers of PF policies until now, begin ‘ranting’ they’re eager to assist one Bally unite, and economically liberate our country. Of course, they can only afford to make such declarations by sneaking into the villages to hide from the scrutiny of the well-informed citizenry who can easily call out their insincerity.

Enough is enough! We must start addressing such individuals by their correct titles – unpatriotic and selfish citizens hell-bent on plundering our resources. These are lazy chaps who can’t survive outside the framework of politics. They are used to being associated with a party in power so they can continue enjoying the spoils through government jobs or contracts.

It’s encouraging the UPND leadership seemed to have read through their evil schemes, somehow. Speaking in an interview with Diggers, UPND national chairman Steven Katuka cautioned those joining the ruling party against doing so with a view of getting government jobs or party positions.

You don’t have to necessarily belong to a ruling political party to serve this nation better! Stop fooling us! You are doing so, for selfish reasons…..shameless harlots! Who isn’t aware you are in a hurry to join the ruling party so you may be forgiven of your past crimes or simply because you are looking for survival since you are lazy suckers who can’t survive on your own unless through government resources.

Abash political prostitutes!