Zambia: DPP has absolute authorityLAZ

LAZ president, Steven Lungu said during a Press briefing in Lusaka yesterday that the association was aware of the position taken by the DPP on the matter of Dr Chilubas acquittal, but reiterated that after going through the judgment, the lawyers body believed the matter was appealable.

Not to belabour the point, the Constitution clothes the DPP with absolute authority over criminal matters. Article 56(7) is very authoritative on this point as it states that in exercising the powers conferred on him by the Constitution, the DPP shall not be subject to the direction or control of any authority, Mr Lungu said.

He said LAZ was mindful of the powers conferred on the DPP by the Constitution, but the association had made their views clear to him in writing. LAZ was still pursuing the issue by looking at the relevant laws and past precedents to see if there were any ways in which the matter could be resolved.

Mr Lungu said LAZ was, however, aware that the 14-day period for an appeal to be made had lapsed but under the law, an application for an appeal could be entertained out of time.

He said LAZ had an obligation to provide counsel to members of the public on matters affecting the law but said during the period after the judgment of Dr Chiluba, the association could not comment because it had not read the judgment.

Taking a swipe at lawyers who comment on issues without reading the law, Mr Lungu said any lawyer worth his salt could not get up quickly and pass an opinion without first looking at the circumstance and the law.

It is therefore disappointing to read about lawyers, some senior lawyers at the bar who are supposed to be the leaders of the bar making statements that are alarming and which cannot be substantiated, Mr Lungu said.

Ndola High Court deputy registrar, Jones Chinyama acquitted Dr Chiluba stating that the prosecution team failed to prove the ingredients of the case against Dr Chiluba on all the counts.

Mr Lungu said LAZ did not want to comment on the acquittal of Dr Chiluba because the association needed to understand the circumstances that led to the acquittal after studying the judgment which was only availed to them on September 8.

On the London Court judgment against Dr Chiluba, Mr Lungu said the LAZ council met last week and resolved to critically look at the case.

We recognised that because the former president never enjoyed any immunity in civil matters, this matter should continue without any further delay.

Our resolve, therefore, will be to closely follow the case in court and if possible consider providing another voice for the people of Zambia in the matter, he said.

Mr Lungu said the association would not take kindly to members who wanted to champion their personal causes using the profession.

He said some members of the public had been finding it difficult to accept the court verdicts because of the public comments made on the cases prior to the judgment by lawyers including senior ones.

He said the trend of commenting on cases before they were concluded was an affront to justice and destroyed the very fabric of the dispensation and LAZ would not sit idle while that was being done.

It is important to stress that this association is a professional body and it is guided by law. We shall not allow this profession to be championed by personal causes of individuals or organisations.

We are guided by the law and professional etiquette and we shall continue to operate as lawyers who when called upon to provide counsel shall do so with the full knowledge of the law, he said.

Mr Lungu said as officers of the court, the lawyers had the duty to defend and protect the independence of the judiciary and that was one of the objectives of LAZ.

When contacted for a comment Deputy Justice Minister, Todd Chilembo said the DPP Chalwe Mchenga should be able to comment on the matter but he could not be reached.

Times of Zambia