DIRECTOR of Public Prosecutions (DPP) Lilian Siyunyi says her office is always put in an awkward position when an accused person goes to court and yet the docket is with the Law Enforcement Agency.

When asked why former president Edgar Lungu’s Aide De Camp Chisanga Chanda’s docket was not ready when he appeared before court earlier this week, Siyunyi said the docket was still with her office, but a decision on whether to prosecute or not had not been made.

“So let me tell you how it is supposed to be done, the Law Enforcement Agencies eg ZP, DEC, etc, except ACC, when they arrest they have to send the docket to NPA for vetting. However, they give people bond and on that bond document, it says that the accused shall return to the court. That is what happened in the instant case. The docket is still being vetted. Recently, we have had issues where the accused has gone to court and yet the docket is with the Law Enforcement Agency and that puts us in an awkward position. In this case, the docket is still with us but a decision of whether to prosecute or not has not been made. Once the decision is made the country will get to know,” said Siyunyi.

On Tuesday, Deputy Commissioner of Police and former president Edgar Lungu’s Aide De Camp, Chisanga Chanda, made an appearance before the Lusaka Magistrates’ Court.

Chanda, who was earlier this month formally charged and arrested for allegedly assisting a wanted suspect, could however not take plea as there was no docket.

He appeared before Lusaka Chief Resident Magistrate Dominic Makalicha, however, his charge sheet was not before court and his name was not on the cause list for the day.

The matter has since been adjourned to March 2, 2022 for a possible plea.

Shortly after the matter was adjourned, Chanda’s lawyer Charles Changano, told journalists that his client was scheduled to appear before court for allocation of the matter and possible plea.

“This matter was coming up for plea today and as the defence we were ready. However, the state is not ready, the docket is not here. And since it is not here, we have nothing to do because the docket is supposed to be received before Chief Resident Magistrate to allocate to himself or any other magistrate. But since the state is not ready, the docket is not ready, we have agreed that we adjourn this matter to next week the 2rd of March 2022 for plea. We only hope that the docket will be ready, if not ready we know what to do,” said Changano.

Earlier this month, Police Spokesperson Rae Hamoonga disclosed in a statement that Chanda, 53, was charged for the alleged offence of being an accessory after the fact to a felony.

“Police in Lusaka have formally charged and arrested a Deputy Commissioner of Police, Mr Chisanga Chanda aged 53 of House Number 8004 Brentwood Woodlands in Lusaka Province for the alleged offence of being an accessory after the fact to a felony Contrary to Sections 397 (1) and 398 of the Penal Code Act Cap 87 of the Laws of Zambia. It is alleged that Mr Chanda on unknown date, but between the 1st October, 2019 and 4th February, 2022 in Lusaka Province of the Republic of Zambia, did receive or assist a wanted suspect,” stated Hamoonga.