• The DPP has powers to discontinue criminal investigations at any point before a judgment is made.
• TI-Z is therefore astonished that the DPP is claiming powers that her office does not possess.
• There is need to amend the Constitution to enhance transparency and accountability of the DPP.

Transparency International Zambia (TI-Z) says Drug Enforcement Commission (DEC) is within the law to re-arrest former Konkola Copper Mines (KCM) Provisional Liquidator for theft and money laundering involving K4.4 million.
Organization Executive Director Maurice Nyambe said TI-Z therefore notes with dismay that Director of Public Prosecution (DPP) Lillian Siyuni has instructed the Commission to give reasons for the decision to re-arrest Milingo Lungu as reported in some sections of the media.
Mr. Nyambe reminded Ms. Siyuni that some form of separation of powers exists when it comes to criminal matters, which entails that the roles of investigating, arresting and prosecution are not performed by the same entity.
“According to Article 180 of the Constitution of Zambia (Amendment Act number 2 of 2016), the DPP has powers to discontinue criminal investigations at any point before a judgment is made.”
“There is, however, no provision in the Constitution, or in any other piece of legislation, where the office of the DPP is given powers to instruct law enforcement agencies such as the DEC on when to arrest or investigate suspects. TI-Z is therefore astonished that the DPP is claiming powers that her office does not possess,” Mr. Nyambe said.
He cautioned the DPP against abrogating the constitutional principle by acting outside the parameters of what the law provides for the operation of the DPP’s office.
“TI-Z is of the view that rather than calling for the DEC to exculpate themselves concerning the re-arrest of Mr. Lungu, it is the DPP who needs to exculpate herself in the eyes of the public by explaining the rationale behind the Nolle Prosequi that she entered in this case. The DPP is a public office, and regardless of the security of tenure and the discretionary powers vested in it, the office of the DPP should be seen to be always acting in public interest and in the interest of justice.”
Meanwhile, Mr. Nyambe called for legal reforms to allow for a more meaningful and effective fight against corruption.
“Having noted the limitations imposed on the fight against corruption by the discretionary powers vested in the office of the DPP, including powers to discontinue cases at will, there is need to amend the Constitution and other related laws to enhance the transparency and accountability of the DPP and to strengthen the independence of law enforcement agencies,” he stated.
On Thursday last week, Drug Enforcement Commission re-arrested former Konkola Copper Mines (KCM) Provisional Liquidator Milingo Lungu for theft of K4.4 million from the mining firm following the establishment of more evidence.
This was after Director of Public Prosecutions entered a nolle prosequi on 5th April, 2022, in the same matter.