Q FM Africa's Modern Radio
Governance Activist Isaac Mwanza says the position taken by government on the Director of Public Prosecutions is irreconcilable and depicts selective interpretation and application of constitutional provisions.
Mr. Mwanza says it is clear that government is confident that the judicial complaints commission, appointed by the president, will adopt its position and remove the director of public prosecutors.
He says government position on the DPP is anchored on the provision of article 180 (7) of the constitution which makes the DPP not subject to direction and control of any person or authority.
Mr. Mwanza says for government to conclude based on article 180(7) that the DPP, who is the chief prosecutor for government, acts unilaterally, without influence from government is untenable because the same provision exist in the amended constitution for other constitutional office holders and commissions yet the decisions by the same offices are influence and entirely adopt the government position.
He has therefore adds that the removal of the DPP will then require, in the first place, interpretation of article 177(4) and 180(7) by the constitutional court as they apply to both the Attorney-General and DPP, both of whom act on behalf of the same government, one as chief legal advisor and another as chief prosecutor.