DIRECTOR of Public Prosecutions Gilbert Phiri says former KCM provisional liquidator Milingo Lungu cannot use contempt of court proceedings to challenge the revocation of his immunity from prosecution.
Phiri says though it is not disputed that Lungu’s amnesty was cancelled, the law is superior to any contract or agreement and any agreement in conflict with the law can be breached.
This is in a matter where Lungu has petitioned the State over his re-arrest by the Drug Enforcement Commission for purchasing a house in Ibex Hill suspected to be proceeds of crime, when he was exempted from prosecution.
Lungu asked the Court to commit Phiri to prison for contempt of court for declaring the immunity agreement granted to him by former DPP Lillian Siyunyi, a nullity.
How ever Phiri filed a notice of motion to raise preliminary issue on points of law to the petitioner’s application for an order of committal arguing that he is not answerable to contempt proceedings in his personal capacity for executing his mandate.
“This matter is a mere manifestation of the petitioner’s desire to undermine the course of justice and interfere with the DPP’s legitimate exercise of power in line with the National Prosecutions Authority Act,”said Phiri.
In an affidavit in opposition to the notice of motion Lungu argued that the DPP can be arraigned before court and cited for contempt in his personal capacity for wrongful conduct and interfering with Court proceedings.
He stated that no order for leave of the court is required to be obtained before applying to cite Phiri for contempt, neither is consent required from the Attorney General.
“The actions taken by the DPP are calculated to lower the authority of the court and defeat the ends of justice,” said Lungu.
When the matter came up this morning before Constitutional Court judge Matthew Chisunka allowed the parties to file records of motion out of time.
By Mwaka Ndawa
Kalemba March 7,2023
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