CIVIL rights activist Chama Fumba, alias Pilato, says Director of Public Prosecutions (DPP) Lillian Siyunyi should step down because she is not ready to prosecute cases involving her friends.
And Governance Activist Brebner Changala says Siyunyi’s decision to enter a nolle in a theft case involving former Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu is suspicious.
Yesterday, Siyunyi entered a nolle prosequi in a matter in which Lungu was charged with theft and money laundering involving K4.4 million.
It was alleged that Lungu, a legal practitioner, in the first count, between May 22, 2019 and September 28, 2021 being a provisional liquidator, stole K4.4 million, the property of KCM PLC.
It was also alleged in the second count that Lungu, during the same period transferred K4.4 million knowing or having reasons to be believe the same to be proceeds of crime.
The money was said to have come into Lungu’s possession by virtue of being the KCM Provisional Liquidator, which title he earned when he was appointed by the Lusaka High Court in 2019 when ZCCM-IH petitioned for the winding up of the mining firm.
When the matter came up before magistrate Kaoma, Tuesday, Anti-Corruption Commission ( ACC) prosecutor Sipholiano Phiri informed the court that the DPP had entered a nolle prosequi to have Lungu discharged.
“On behalf of the Director of Public Prosecutions for the Republic of Zambia pursuant to the powers vested in me by section 81 and 82 of the Criminal Procedure Code, authorize the entry in record of proceedings that proceedings are discontinued against Milingo Lungu,” read part of the nolle prosequi dated April 5 2022.
Lusaka magistrate Felix Kaoma then discharged Lungu and he walked to freedom.
But commenting on this in an interview, Pilato asked Siyunyi to step down.
“The DPP is not ready to prosecute cases involving her friends. Whatever the Anti-Corruption Commission will do will still land on her desk and she will protect her personal interests and not the interest of the country. That is where the big problem is. If we appear to be committed to the fight against corruption or anything of that sort, we need to address the question of the DPP. That DPP is a compromised entity whose interests are not consistent with the interest of the country,” said Pilato.
“How many nolles has she entered involving people from the PF? How many convictions has she secured on corruption? The records will show you that she is not committed to fighting anything that looks like corruption and involving people with PF connections because she knows that she was put in that place to support and facilitate for PF then in government. So, she is not committed to the same things that we are all committed to. I think she must step down.”
And in a separate interview Changala said the nolle raised more questions.
“The nolles that the DPP has been flashing out like confetti at a wedding ceremony will one day bring disaster in this country. We have a DPP who has security of tenure, a DPP who many times behaves and acts like a person who is politically exposed. When you are dispensing justice and when you are holding public office, you must do things that will be in tune with public interests, not personal interest. The nolle that has been extended to our colleague Milingo is a nolle that will raise more questions, raise more dust and the DPP will hide behind a statute that entails that she is not obliged to disclose the reasons that she has exercised that right. But my prayer is that she has entered a nolle in order to reorganise her case, and have a second bite at the cherry,” Changala said.
“But if she has entered a nolle in order to let go of the case and let Mr Milingo off the hook, she is a Zambian and whatever she does, she must do in the best interest of her country.”
He said it was important that the DPP fit into the people’s desire.
“KCM, in the manner it was placed under liquidation was highly suspicious but not unusual under the PF administration. It was a place in which we all had citizens. We didn’t draw any interest because there was more or less a kind of take over, where have you ever seen a company that is going under liquidation becomes highly active and operational and being restructured in order to continue as a running confection? It is important that the DPP fits in, in the people’s desire. Those who took away what belonged to the people of Zambia must be made to account. Trying to slap the nation in its face by letting go of those very people that are held as suspects by society is extremely worrying. This will make her job difficult as the DPP. It is highly suspicious,” said Changala.