….as President Hakainde Hichilema is requested to respond to the DPP’s request….
Lusaka-25th July 2022
The Judicial Complaints Commission (JCC) has adjourned the matter in which the Director of Public Prosecutions Lillian Shawa-Siyuni, is charged with complaints of misconduct.
The JCC has granted the application by the DPP that the matter could not proceed until her request to President Hakainde Hichilema for the veil of oath of secrecy to be lifted, was attended to.
The JCC ruled in favour of the DPP advising that the authorities must respond to the DPP’s request.
The DPP has practiced law as a criminal prosecutor for 25years and has refused to incriminate herself or break the law guiding the Oath of Office.
The Oath of Office that the DPP swears states in part “…that I will not directly or indirectly reveal or transmit any such information or matter as shall be brought under my consideration, or shall be made known to me by reason of my office except as may be required in the discharge of my duties as such or with the authority of the President.”
The DPP is reportedly to have written to the President to request for a waiver on 18th June 2022 and there has been no response yet.
Because of this, the DPP is said to to have delayed filing her defence as the waiver has not been granted to date.
Section 4 of the State Security Act, Chapter 111 of the Laws of Zambia is sacrosanct in understanding the nature of the DPP’s application before the JCC.
It reads in part “any person who has in his possession or under his control any code…or other document, article or information, which relates to or is used in a protected place or anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted to him by any person holding office under the Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held such office…”
(a)…
(b) communicates the same to any person other than a person to whom he is authorised to communicate it to to whom it is in the interests of the Republic his duty to communicate it:
…
shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not excusing twenty-five years.