Under what law did President Lungu refer the report to the Director of Public Prosecutions (DPP) for “her attention”.
By Elias Munshya
The President is trying to launder a murder here. There is no regulation under which the President can do what he is claiming to have done.
In Zambia, like many other common law countries, there is a notional distinction between the investigative/charging function (police, CID) and the prosecutorial function (prosecutors).
The DPP is not the President’s lawyer. If the President wants an opinion on a matter, he is supposed to take his matters to the Attorney General who can then provide the President with the advice he needs over the report.
Taking it to the DPP is not making sense. What the honeybee is the DPP supposed to do with it?
1. The DPP cannot investigate, she does not have the power to do that.
2. The DPP receives dockets, that is, the police will have investigated an accused, and have made at least preliminary charges, and when they take the matter to court or in between, that is when prosecutors get involved. Investigators are clients of the prosecution. Investigators/chargers testify on behalf of the prosecution. So how does the President send a report and expect the prosecutors to investigate?
3. If this is the report, what was the nature of the report? Did it charge people? Did it open dockets for the police officers President Lungu armed with heavy ammunition, armoured cars, and fi manda manda?
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