Claim
On 11th April 2022, Nkani Facebook page published an article from a letter issued by the National Prosecution Authority, in which the Director of Public Prosecution, Ms. Lillian Siyunyi criticized as unconstitutional the decision by the Drug Enforcement Commission to re-arrest former Konkola Copper Mines liquidator, Mr. Milingo Lungu without instruction from the DPP. In the letter issued by the National Prosecution Authority to the Director General of the Drug Enforcement Commission, Ms. Siyunyi further demanded that the DEC Director General, Mary Chirwa needed to urgently exculpate herself for re-arresting Milingo Lungu without instruction from the office of the DPP as DEC does not act independently.
Rating Justification
The fact checking process has determined as false, the assertions by the Director of Public Prosecution, Ms. Lillian Siyunyi, that the decision by the Drug Enforcement Commission to re-arrest the former Liquidator of Konkola Copper Mines, Milingo Lungu without instruction from the office of the DPP is unconstitutional. In a fact-finding effort to interrogate the matter, iVerify consulted Human Rights Consultant, Counsel Daniel S. Libati Esq, who referred iVerify to a statement made by the Law Association of Zambia. In the statement obtained by iVerify, the Law Association of Zambia (LAZ) said that the office of the Director of Public Prosecution has no powers to consent to an arrest of a suspect. LAZ President, Abyudi Shonga, stated that the Director of Public Prosecution only has powers to prosecute a matter before court, as prescribed under Article 180 Clause 4 of the Constitution of Zambia. According to the Article, the Director of Public Prosecution has powers to institute and undertake criminal proceedings against a person before court. In a separate statement obtained by iVerify, DEC Director General, Mary Chirwa stated that the Commission does not need permission of the Director General of Public Prosecution to arrest or re-arrest anyone. Therefore, the claim by the Director of Public Prosecution, Ms. Lillian Siyunyi, that the decision by the Drug Enforcement Commission to re-arrest the former Liquidator of Konkola Copper Mines, Milingo Lungu without instruction from the office of the DPP is unconstitutional, is false.
