DPP ni mtu mkubwa hivyo kimajukumu ...?
Ana majukumu makubwa na kulindwa na katiba ili awe mtumishi-huru-wa-umma
Nchi nyingi za Jumuiya za Madola / Commonwealth ikiwemo Zambia, Tanzania , Australia n.k katiba zao zinafanana juu ya majukumu ya DPP mfano:
Little wonder then, why the framers of the law strengthened the position of the DPP by providing that she can only be removed in the same manner that a judge is removed from office – Sections 182(3) and 144 of the Zambia Constitution Amendment Act 2016. This autonomy of authority granted to the DPP is further founded on section 6 of the Prosecutions Authority Act (Law number 34 of 2010). In view of these powers, and functions vested in the office of the Director of Public Prosecutions, it is clear that the DPP enjoys an elevated public service position under the extant Zambian laws ....source :
Zambia : The office of the Director of Public Prosecutions secure in playing politics rather than doing justice
OFFICE AND FUNCTIONS OF THE DPP UNDER THE ZAMBIAN CONSTITUTION
By the further provisions of Section 180(4) of the Zambian Constitution Amendment Act 2016, the DPP may “institute and undertake criminal proceedings against a person before a court, other than a court martial for an offence alleged to have been committed by that person”.
The DPP also has powers and the function to “take over and continue criminal proceedings instituted or undertaken by another person or authority; and discontinue at any stage before judgement is delivered, criminal proceedings instituted or undertaken by the DPP or any other person or authority.” Indeed, she can perform any of these duties either directly or through officers in her office. Significantly, section 180(7) of the Zambian Constitution Amendment Act 2016, provides unequivocally that “the DPP shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the DPP shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process.”
The obvious import of these provisions, is to grant autonomy and full agency to the DPP so that the holder of that Office may pursue justice vigorously, unhindered by self-interest and animated only by the finest interests of the public. I argue that this interest of the public is simply justice, due process and respect for fundamental rights of citizens. Any other thing added to should only be to enhance the foregoing values rather than derogate, diminish or indeed out-rightly destroy them. The DPP therefore is an authority unto herself whose motivation to frame charges, prosecute or refrain from prosecuting any alleged criminal offence must be informed by the duty to do substantial justice.
Little wonder then, why the framers of the law strengthened the position of the DPP by providing that she can only be removed in the same manner that a judge is removed from office – Sections 182(3) and 144 of the Zambia Constitution Amendment Act 2016. This autonomy of authority granted to the DPP is further founded on section 6 of the Prosecutions Authority Act (Law number 34 of 2010). In view of these powers, and functions vested in the office of the Director of Public Prosecutions, it is clear that the DPP enjoys an elevated public service position under the extant Zambian laws. It is therefore imperative, that particular attention is paid to this special public office as it is a crucial gatekeeper to the temple of justice...
Evidently, the Directors of Public Prosecutions – as important personnel in the criminal justice system – hold what can be called a ‘power of life and death.’ They can cause the incarceration of citizens by merely framing charges against them. Such citizens may even face the prospect of death depending on the charges which it pleases the Prosecutor to put on them. The extent of the damage that can be done is even more far-reaching when one considers that a citizen once charged will go through the process of (pre-trial detention and) judicial trial even if such a citizen is merely challenging the validity of the charges against him.
What this means is that the powers of the Public Prosecutor may be wrongly used with devastating consequences not only to the liberty of citizens but also to democracy. The chilling effect of potential spurious charges by the DPP on citizens can destroy their ability to demand accountability from state authorities. The experience traumatizes citizens and leaves them bankrupt as a result of huge legal costs incurred in fighting the spurious charges. Indeed, the weakness or dysfunctionality of any criminal justice system is a calamity to citizens as shown in the plight of HH in which Magistrate Greenwell Malupani ruled in April that the treason charge against him was incompetent and lacked specifics on the planned overt act to commit treason. This decision by the Court showed that the Office of the DPP had failed in its responsibility to protect a citizen and compounded the failure by not dropping the case at this stage.....
Article courtesy of Mr. Muna Ndulo professor of Law Cornell Law school .