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The National Prosecution Authority (NPA) and Zambia Compulsory Standards Agency (ZCSA) have entered into an agreement to, among other things, explore the possibility of prosecuting suppliers of substandard products in a bid to protect consumers and the environment.
NPA and ZCSA will collaborate in prosecuting individuals and entities that violate the requirements of Compulsory Standards Act, Chapter 422 of the Laws of Zambia and other laws.
The agreement, which was signed in Lusaka on Monday by Director of Public Prosecutions (DPP), Gilbert Andford Phiri, and ZCSA Executive Director, Gerald Chizinga, serves as a framework to guide the working relationship of the two Government institutions in safeguarding public interest.
In his speech DPP Phiri said the partnership formalized a commitment that where laws exist to protect citizens, institutions responsible for enforcing those laws must work together to ensure that protection is meaningful.
He noted that the public experiences government through outcomes, not mandates, and expected that food consumed, products purchased and goods brought into homes meet required safety standards.
“The signing of this agreement is not simply an exchange of signatures between two institutions. It is a commitment that where laws exist to protect citizens, the institutions responsible for enforcing those laws must work together to ensure that protection is meaningful,” Phiri said
He explained that ZCSA and the NPA have distinct but complementary responsibilities.
Phiri said ZCSA ensures compliance with compulsory standards and protects consumers, public health and the environment, while the NPA had the constitutional responsibility of undertaking criminal prosecutions where evidence establishes offences have been committed.
“This memorandum strengthens that link. Through this partnership, the two institutions will establish a more coordinated approach to handling offences under the Compulsory Standards Act and related legislation,” he said.
He added that the partnership would include enhanced information sharing, joint capacity building, structured case referrals and closer engagement between investigators and prosecutors.
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Phiri said the agreement also provided for co-prosecution arrangements, where appropriate, allowing qualified legal practitioners from ZCSA to support prosecution efforts under the direction and supervision of the National Prosecution Authority.
“This partnership is not about creating unnecessary burdens for legitimate businesses. It is about protecting a fair marketplace,” Phiri said.
He added that those who complied with the law should not compete against those who compromise safety for profit, and warned that where evidence met the required legal threshold, the NPA would discharge its mandate without fear or favour.
“The true measure of this memorandum will not be the ceremony we hold today. It will be reflected in stronger investigations, better prepared cases, successful prosecutions and, ultimately, greater confidence by the people we serve,” Phiri said.
Meanwhile, Chizinga noted that compulsory standards contained mandatory requirements that locally manufactured and imported products must meet to be legally supplied on the Zambian market, and that the agency could not implement its mandate effectively without working with key institutions such as the NPA.
“This historic collaboration will see us create a platform to explain the compulsory standards in simple, relatable terms to enhance understanding of the gravity of offences under the Compulsory Standards Act by relevant stakeholders,” he said.
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