By NATION REPORTER
GILBERT Phiri, the new Director of Public Prosecutions (DPP) could be committed to prison for
illegally revoking the immunity from prosecution granted to Milingo Lungu, the former
Provisional Liquidator of Konkola Copper Mines (KCM) and attempting to obstruct the course of
justice.
Soon after being sworn in, Mr Phiri as the new DPP moved to revoke the Immunity Agreement
granted to Mr Lungu on the basis that there was a public outcry.
Mr Lungu has now sued Mr Phiri for contempt of court on grounds that the DPP revoked his
Immunity Agreement when the matter was at the time a subject of consideration of the
Constitutional Court.
In his notice of motion for an order for committal, Mr Milingo has argued that Mr Phiri’s action
was calculated to directly interfere with and frustrate the Constitutional Court proceedings.
Mr Lungu has argued that Mr Phiri’s decision to revoke his Immunity Agreement was meant to
render the proceedings in the Constitutional Court nugatory and academic thereby prejudicing
the outcome of the proceedings.
He submitted that the revocation of his Immunity Agreement was also meant to undermine the
authority of the Court by usurping its powers to consider and pronounce itself on the Immunity
Agreement.
Mr Milingo argued that Mr Phiri’s action was equally calculated to obstruct the course of justice
and should therefore be committed to prison if found guilty of the offence of contempt.
Mr Lungu submitted thus: “On the 22nd, December, 2022, Mr Gilbert Phiri announced in a press
conference that he had reviewed and revoked the Immunity Agreement granted to the applicant
on account of a public outcry. The act and the words of reviewing and revoking the Immunity
Agreement which is a subject of consideration before this court is an action calculated to directly
interfere and frustrate the proceedings by rendering the matter nugatory and an academic
exercise and thereby prejudicing the outcome of the proceedings,” Mr Lungu submitted.
Mr Lungu submitted that during the swearing in of Mr Phiri, President Hakainde Hichilema
issued an instruction to the new DPP to proceed to handle the issue involving the Immunity
Agreement of the applicant.
He stated that President Hichilema in his instructions went on to say as follows: “…so many
cases having been stalled in that office, illegal immunities have been given in that office, we
know you will do your best and you have the support of the government to do what is right…”
“That in addition to the above, the President during the press conference of 20th December,
2022 in responding to a question from a journalist stated as follows; …that we have appointed a
new Director of Public Prosecution and you will soon see movements in the cases concerning
KCM and the Liquidator there,” Mr Lungu submitted.
Mr Lungu submitted that the acts by Mr Phiri were therefore contemptuous and that he had
reason to believe that the DPP was in contempt of court.
He stated that the actions by Mr Phiri were calculated to lower the authority of the court and to
defeat the ends of justice.
