FORMER Milingo Lungu, the interim liquidator of Konkola Copper Mines, has applied to the court for authorization to cite Gilbert Phiri, the director of public prosecutions, for contempt of court.
Mr. Lungu requests that the DPP be charged with contempt of court for withdrawing the immunity from prosecution that former DPP Lillian Siyunyi had granted him.
He argues that as the Constitutional Court has not yet reached a ruling on a petition pertaining to the granting of the now-revoked immunity, the decision to rescind the immunity from prosecution was disrespectful.
According to Mr. Lungu, Mr. Phiri’s activities are intended to weaken the Constitutional Court’s power or to thwart the goals of justice.
“The the acts of the said Mr. Gilbert Andford Phiri are contemptuous and as such I have reason to believe that he is in contempt of Court,” the document reads in part.
This information can be found in an affidavit that was given to the Constitutional Court in support of a notice of motion for an order of committal.
Mr. Phiri, the Attorney General, and the Administrator General are all mentioned in the document by Mr. Lungu.
Speaking on behalf of the National Prosecution Authority, Chali Hambayi, said two weeks ago that Mr. Phiri had terminated the immunity arrangement given to Mr. Lungu in order to start criminal proceedings against him.
According to Ms. Hambayi, the DPP’s decision to revoke Mr. Lungu’s immunity was made in accordance with the authority afforded to the DPP by Article 180 of the Constitution.
According to Ms. Hambayi, Mr. Phiri studied the immunity agreement Mr. Lungu received promising not to bring legal action against the previous KCM Provisional Liquidator.
She announced that all criminal actions against Mr. Lungu will be reopened and restored if immunity was lifted, allowing him to clear his name.
“The DPP has reviewed the immunity agreement granted to former Konkola Copper Mines Liquidator Milingo Lungu pursuant to the powers vested in the DPP by Article 180 of the Constitution and Section 8 of the laws of Zambia”
