THE Law Association of Zambia (LAZ) says the powers of the Director of Public Prosecutions (DPP) do not extend to directing or instructing when, who and why to arrest or re-arrest any suspect by law enforcement agencies, before or after a nolle prosequi has been entered.

DPP Lillian Siyunyi recently expressed displeasure at the action of the Drug Enforcement Commission (DEC) to re-arrest former Konkola Copper Mines (KCM) provisional liquidator Milingo Lungu, further telling DEC Director General Mary Chirwa to urgently exculpate herself for re-arresting Milingo on the same charges without receiving instructions from her office.

But commenting on this in a statement, LAZ honorary secretary Sokwani Chilembo said while the association expected the office of the DPP and DEC to collaborate in matters falling within their respective legal mandates, the law was categorical in so far as the parameters of their regulatory mandates were concerned.

He added that the provisions of the law made it clear that the DPP had exclusive powers in instituting and undertaking criminal prosecutions, but that exclusive mandate did not extend to directing or instructing when to arrest or re-arrest any suspect.

“The Law Association of Zambia has taken an interest in the matter concerning the apparent overlapping mandates between the office of Director of Public Prosecutions (DPP) and the Drug Enforcement Commission (DEC). Both are critical institutions of administration of justice and good governance in the country, in so far as the conduct of criminal proceedings is concerned. This Press Release is anchored on the backdrop of a confidential letter from the DPP to the DEC Director General, which letter was leaked, a practice that LAZ finds very unfortunate. Be that as it may, in the said letter, it is alleged that DEC’s action to re-arrest Mr. Milingo Lungu, on same or similar charges, without any instructions from the DPP, following the DPP’s exercise of her Constitutional powers to enter a nolle prosequi, is unconstitutional,” read the statement.

“While LAZ expects and encourages the office of the DPP and DEC or indeed any law enforcement agencies to collaborate in matters falling within their respective legal mandates, the law is categorical in so far as the parameters of their regulatory mandates are concerned. It is LAZ’s view that provisions of Article 180 of the Constitution (Amendment) Act, 2016 as read with Section 8 of the National Prosecutions Authority Act, 2010, make it clear that the DPP has exclusive powers in “instituting and undertaking criminal prosecutions before any court of law.” However, this exclusive mandate of the DPP does not extend to directing or instructing when, who and why to arrest or re-arrest any suspect by DEC or any other law enforcement agency in the exercise of their legal mandate, before or after a nolle prosequi has been entered.”

LAZ stated that it has since shared this position with the Attorney General and respective offices to address the situation, for good order, promotion of the rule of law and entrenching democratic principles in the country.