The Law Association of Zambia (LAZ) has advised the Director of Public Prosecution (DPP) Mutembo Nchito to ignore the recent Presidential directive to investigate the source of wealth of UPND leader Hakainde Hichilema saying it is a nullity in law.
In a press statement, LAZ president James Banda said the Constitution of the Republic of Zambia guarantees independence to the office of the DPP.
Mr. Banda said the powers of the DPP are vested in him personally and to the exclusion of all other Persons or Authority.
He said the DPP is not subject to the control or direction of any Institution or Individual.
Mr. Banda further said the Jurisdiction of the DPP is also clearly defined in the Constitution, namely; to Commence, Continue or Discontinue Criminal Proceeding before the Courts of law.
The LAZ president has therefore stated that it is not for any person or authority to make any directions relating to the manner that the DPP shall exercise his constitutional authority.
He noted that the Republican President has no power whatsoever to give any direction or order to the DPP.
Mr. Banda explained that the Head of State’s direct involvement with the office of the DPP ends and must end on appointing the person to fill the said position which appointment is of course subject to Parliamentary Ratification.
He has therefore urged all political leaders and especially the Executive not to do any act which undermines the office of the DPP.
Mr. Banda said LAZ wishes to indicate that the independence of the Institutions or Offices created to foster the Administration of Justice and the Rule of Law is the very foundation upon which Constitutional Democracy is built and that interfering with such Institutions or Offices undermines the fundamental virtues of Constitutionalism and Democratic Governance.
He adds that the office of the DPP should reassert its independence by not paying head to political directions adding that this assertion must be done both privately and publicly to avoid a misconception of compromise arising.