Do you think president Michael Sata was in order or that he breached the constitution when he presumed to direct the new Director of Public Prosecutions Mutembo Nchito on which cases to pursue?
This is what Sata said when he swore in the new DPP:
“Mr Attorney General and DPP, I would like you to take water tight cases to courts and help the judiciary in executing their functions not the half-baked cases we have seen in the past. I would also like you to investigate the privatisation of institutions like RAMCOZ, Lima Bank, Hotel Intercontinental in Livingstone, and if there was corruption there, the offenders should be brought to book”.
And below is what the constitution of Zambia says in relation to the independence of the DPP:
Article 56 (7) In the exercise of the powers conferred on him by this Article, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
Provided that when the exercise of any such power in any case may, in the judgement of the Director of Public Prosecutions involve general consideration of public policy, the Director of Public Prosecutions shall bring the case to the notice of the Attorney-General and shall in the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney-General.
Article 54 (7) ‘In the exercise of the power to give directions to the Director of Public Prosecutions conferred by clause (7) of Article 56, the Attorney-General shall not be subject to the direction or control of any other person or authority.’