Transparency International Zambia wish to commend the Law Association of Zambia for this timely and progressive action to demand for the resignation of the Director of Public Prosecution (DPP) Mr. Chalwe Mchenga. The DPP’s leadership is elusive and lacks seriousness in handling and delivering criminal justice system in Zambia. Mchenga’s administration continues not to be the ideal mode of operating such an office. The Office of the DPP has lately suffered reputational risks from members of the general public.
A little retrospect of the recent operations of the DPP Office speaks volumes of the mediocre, moderate and casual approach in handling corruption and governance issues especially those involving high profile cases. There has been glaring complaints from patriotic sections of society that the executive has had usurped the powers of the DPP. This is a sad turn of events in a democratic dispensation like Zambia. We wish to state on record that our support for calls for the resignation of Mr Mchenga are purely based on the available facts in the country.
One practical example is that Article 56 (7) of The Zambian Constitution provides that, “In the exercise of the powers conferred on him by this Article, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.”4
Contrary to this Article, Vice President Hon. George Kunda who is a member of the executive was quoted confirming that government would not appeal against former president Chiluba's acquittal saying, “It will amount to professional misconduct for the DPP Chalwe Mchenga to appeal against Frederick Chiluba's acquittal because the case has no merit.” He further said that, “on Chiluba, it would be unprofessional, in fact, professional misconduct for the Director of Public Prosecutions to appeal knowing well that the case is frivolous and of no merit whatsoever for him to go ahead and lodge an appeal." (The Post Newspapers, 23rd September 2009)
Under this backdrop as well as several others, the DPP has failed the Zambian people to maintain professionalism that was exhibited by the former Attorney General Mr. Mumba Malila under intense political pressure which he resisted. The DPP’s office is a vital structure which should be led by persons of high calibre, reproach, moral conscience and passion for the greater interest of the public and criminal justice system in the country- regardless of rage, colour or status in society.
It is our view that this office will continue to have serious reputational risks unless Mchenga resigns. The DPP’s office has failed to inspire trust and confidence under Mr. Mchenga’s administration. We demand for his resignation to restore pride and confidence in the justice Delivery system inZambia. It is therefore not right to call for the resignation of the LAZ President- Stephen Lungu who has exhibited professionalism on this issue. Only those that want to support wrong things can call for his resignation.
Goodwell Lungu
EXECUTIVE DIRECTOR
