President Hakainde Hichilema had denied a request from embattled Director of Public Prosecutions Lillian Siyunyi to lift her Oath of Secrecy to enable her testify before the Judicial Complaints Commission.
In July, Ms Siyunyi through her Lawyers AMC Legal Practitioners had requested through Attorney General Mulilo Kabesha that she be granted a waiver of the official Oath of Office in the matters she is alleged to have breached the Constitution.
But Mr. Kabesha in a letter addressed to Ms. Siyunyi’s always that he request has been denied.
He has since advised Ms. Siyuni that the Judicial Complaints Commission may proceed to hear the matter in accordance with the Commission’s rules of procedure.
And Green Party President Peter Sinkamba has insisted that Director of Public Prosecution Lillian Siyuni should resign her position instead of complicating her life any further.
Mr. Sinkamba has reiterated that there is no provision in the Zambian laws which provides for the President to act as such.
He said that the request the DPP made to the President was equivalent to requesting the Head of State to carry out an illegal act because he has no powers to waive any Oath of Office.
Mr. Sinkamba said that as a senior lawyer, the DPP should know that every witness that appears before JCC is subjected to take an oath to tell the truth and is protected against any punishment for testimonies they make to the tribunal provided those statements are truthful.
He added that the Judicial Code of Conduct Act also provides for holding of sessions in camera hence the DPP did not need any other protection but that which is provided for by the Judicial Code of Conduct Act hence she will be more dignified if she resigned now than get fired.
