HIS Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia, has removed suspended Director of Public Prosecution (DPP) Mutembo Nchito from office following the Tribunal’s recommendation he vacates office for misconduct. President Lungu has since appointed acting DPP Mrs. Lilian Siyuni into the job subject to ratification by Parliament.
The President has made the appointment in exercise of powers vested in him by Article 180 of the Constitution of Zambia. In a letter dated 9th August, 2016 to Mrs. Siyuni the President wished her God’s speed in the discharge of her duties. “I hereby appoint you as Director of Public Prosecutions. Your appointment is subject to ratification by Parliament.” The President’s decision follows the Report by the Tribunal which was appointed on 10th March, 2015 pursuant to Article 58(2) and (3) of the Republican Constitution.
The Tribunal was appointed to investigate allegations of misconduct by Mr. Nchito. The Tribunal recommended that Mr. Nchito be removed from office for misbehaviour. The Tribunal led by former Chief Justice Mr. Justice Annel Silungwe on Sunday, 7th August, 2016 submitted the Report to His Excellency the President, after completing its inquiry into the matter.
The Tribunal recommended that the two proven Terms of Reference No. 2 and No. 4 sufficiently constituted misconduct in reference to Article 58(2) and (3) of the Constitution of the Republic of Zambia. The Tribunal concluded that the Term of Reference No. 2, alleging misconduct or misbehavior by the DPP whereby on 20th February, 2015, the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case thereby defeating the ends justice has been proved.
The Tribunal also concluded that the Term of No.4 that the DPP’s act of intentional disrespect to judicial proceedings.
Issued by: Amos Chanda SPECIAL ASSISTANT TO THE PRESIDENT (PRESS AND PUBLIC RELATIONS) STATE HOUSE
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