As we have repeatedly pointed out, it is a well-known fact that throughout history, those who administer or control the criminal justice system hold the power with the potential for abuse and tyranny.
Since all criminal prosecutions can only be carried out by them or with their consent, they choose who to prosecute or to exempt from prosecution. Their cadres, supporters, and all members of their league get away with many crimes.
Therefore, the exercise of power must be a constant practice of self-limitation and modesty.
Director of Public Prosecutions’ Mr Gilbert Phiri’s decision to reject our application to conduct prosecution in the matter involving the Inspector General of Police Mr Graphel Musamba is most unfortunate and an abuse of the judicial process.
Yesterday, September 11, the DPP wrote to us citing public interest considerations as the reason to deny our request to prosecute Mr Musamba.
This decision by Mr Phiri exposes inherent bias, not only of the DPP, but that of the Attorney General as well and their allegiance towards the UPND government and those it subsequently appoints to serve in public offices, like Mr Musamba.
The closeness of the DPP and the Attorney General to the UPND is not in dispute.
Public interest considerations are a product of a request by the Attorney General to the DPP.
In broader terms, what they are seeking is to protect both Mr Musamba and the Commander- in- Chief, Mr Hakainde Hichilema, who is the DPP’s former client by the way, from potential embarrassment after the Inspector General of Police’s misconduct.
Without a doubt, this decision is a calculated attempt meant to act as a “political shield” against the potentially embarrassing circumstances that Mr Musamba has found himself in.
We note that Mr Phiri’s reasoning is carefully couched in broad and undefined terms like “public interest”, which when carefully looked at may amount to nothing but serving political interests.
They are not saying that we have no good complaint against Mr Musamba. They are simply saying that in the “public interest” it will not be good for Mr Musamba to be prosecuted. But is it really in the “public interest” for Mr Musamba to criminally defame citizens with impunity? Isn’t this placing themselves above the reach of the law?
At the same time, the DPP is, without reservations or public interest considerations, prosecuting all those who are believed to have defamed members of their league.
We are being prosecuted for defaming Deputy Inspector General of Police In-Charge of Operations Mr Milner Muyambango, but we cannot be allowed to prosecute the IG for defaming us? Is there fairness, justice in this?
Ms Saboi Imboela is being prosecuted by the DPP for defaming a State House assistant, Mr Clayson Hamasaka. Mr Munir Zulu is being prosecuted by the DPP for defaming some ministers.
This is how they are abusing their administration of the criminal justice system.
What are our options?
President of the Socialist Party