Q FM Africa's Modern Radio
The Director of Public Prosecution, Lilian Siyunyi, has entered a Nolle Prosequi on seven UPND cadres who were accused of killing two patriotic front- pf members in kanyama constituency last year during the august 12 general election campaign period.
Seven of the eight accused have walked to freedom leaving one accused person, Samson Mumba, behind bars who will face continued trial in the case.
Meanwhile Lusaka Lawyer, Jonas Zimba, has filed a petition before the constitutional court seeking a declaration that any complaints and proceedings before the judicial complaints commission [JCC] against the director of public prosecution, Lilian Siyunyi, are legally void.
Mr. Zimba who filed the document in his personal capacity also wants to know whether the DPP can be subjected to any procedure under the judicial code of conduct act when she is not a judicial officer.
Further, the applicant also wants the court to interpret whether article 236 of the constitution as read with articles 180 subsection seven of the constitution confers jurisdiction on the Judicial Complaints Commission-JCC to try the DPP for any of the allegations that may be brought against her under article 181 of the constitution as amended under act number two of 2016.
In this matter, Mr. Zimba has cited the Attorney General, Mulilo Kabesha, as the respondent.
A fortnight ago, a governance activist, Chama Fumba, also known as Pilato filed a complaint before the judicial complaints commission [JCC] against the DPP over alleged incompetence and gross misconduct.
Mr. Fumba claims Mrs. Siyunyi interfered with the functions of the Drug Enforcement Commission (DEC) to re-arrest Former Konkola Copper Mines (KCM) Provisional Liquidator, Milingo Lungu, on fresh charges.
And on Wednesday, Justice Minister, Mulambo Haimbe, urged the JCC to expedite the proceedings against the DPP, a matter that has roused debate from some sections of society that view the minister’s comment as interference in the independence of the judiciary.