Attorney General seeks removal of Director of Public Prosecutions from Zulu’s criminal case

The Attorney General (AG) has asked the Constitutional Court to remove the Director of Public Prosecutions (DPP) from the ongoing case in which Lumezi Member of Parliament Munir Zulu is challenging his prosecution for criminal libel.

This development comes through a summons supported by an affidavit sworn by Acting Chief State Advocate Comfort Mulenga, who argues that the DPP has been improperly joined to the proceedings.

In her affidavit, Mulenga states that the DPP, as the second respondent in the matter, is a constitutional officeholder who was sued for actions taken while performing official duties.

She contends that under the law, it is the Attorney General who should be sued in such cases, as the AG is the government’s chief legal advisor and representative in civil proceedings involving the State.

“I verily believe that the petitioner will not suffer any prejudice if the second respondent is struck out, as the reliefs sought can still be maintained against the first respondent,” she submitted.

Mulenga has since asked the Constitutional Court to strike out the DPP from the matter, arguing that the office was improperly joined to the case.

Zulu was convicted and sentenced to 12 months imprisonment for criminal libel. He is now seeking constitutional redress, challenging the legality of his prosecution in connection with statements he made about Finance Minister Situmbeko Musokotwane, Infrastructure and Housing Minister Charles Milupi, and Engineer Mulchand Kuntwala, who chairs the board of the Road Development Agency.

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