The State wants the High Court to dismiss an application by suspended Director of Public Prosecutions (DPP) Lilian Siyunyi to commence judicial review proceedings to challenge the decision of President Hakainde Hichilema not to waive her oath of secrecy to defend herself before the Judicial Complaints Commission JCC.
In an affidavit in opposition, JCC Commission Secretary Naisa Makeleta says the application by the DPP has been overtaken by events.
Acording to the Commission, this is because the JCC already proceeded to hear the complaints against the applicant and has since presented its recommendations contained in a report to the President.
In addition, the commission has submitted that on September 14, 2022, the President acting on the recommendations by the Commission proceeded to suspend the applicant.
However, the court has set September 22, 2022 as a date for ruling on the DPP’s judicial review application.
On Friday September 2, 2022, Ms. Siyunyi filed a judicial review application for the court to make a declaration that the President’s refusal to waive her oath of secrecy before defending herself at the JCC is illegal and unconstitutional citing article 93 (1) of the constitution.
She also wants the proceedings against her stayed pending the determination of her application before court.
By Darius Choonya