
By GRACE CHAILE LESOETSA
THE Constitutional Court has been petitioned to declare as unconstitutional President Hakainde Hichilema’s action to find the Director of Public Prosecutions (DPP) Lillian Siyunyi incapable of being in her office before investigations are undertaken.
Governance activist, Isaac Mwanza,in his petition contends that the action by the President during a press conference on Monday contravenes Articles144(2), 91(3)(a)(e) and 180(7) of the Constitution;
Mr Mwanza is seeking a declaration that it is unconstitutional for the President to summon and discuss criminal cases with the Anti-Corruption Commission, compelling investigative agencies to resuscitate closed cases, and issuance of instructions amount to political interference in the discharge of functions by law enforcement agencies.
He is also seeking declaration that the announcement by the Executive through Minister of Justice Mulambo Haimbe that it has found anomalies in the conduct of the DPP, in the absence of a legitimate body undertaking an inquiry breaches the law .
He seeks that that the directive by Mr Haimbe to the Judicial Complaints Commission on how to handle the intended proceedings against the DPP violates Article 144(2) of the Constitution, and thus illegal.
He has cited the Attorney General as the respondent .