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THE State says a former Head of State like Edgar Lungu is not immune from being probed by investigative wings.
This is in a matter where Lusaka businessman Hendrix Nyambe, a director of Zambia Community Development Initiative Programme has instituted an action against the State in the Constitutional Court, seeking a determination on whether Lungu is exempted from investigations as a former president.
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Nyambe argues that it is illegal for the Drug Enforcement Commission (DEC) to search and seize property of a former president, without Parliament lifting his immunity.
In an affidavit in opposition to affidavit in support of originating summons, Emmanuel Khondowe, a senior investigations officer at the DEC, said there is no law which provides for the lifting of immunity of a person who once held office of president or who performed executive functions before investigating them.
Khondowe said the seizure of any assets belonging to a former president before lifting of the immunity, is part of the investigation process.
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“DEC seized property No. LUS/38478 and LUS/28497 during property verification exercise, which is part of investigations and subsequently lifted the seizure through the director general who is clothed with authority to lift such seizure,” he said.
Khondowe said the Commission communicated the findings to the parties, through their lawyers.
He added that criminal investigations are distinct from criminal proceedings and Nyambe’s allegations are misplaced and unmeritorious as Article 98(5) of the Constitution does not, in any way, prohibit any law enforcement agency, including the DEC from conducting investigations.
But in his reply to the affidavit in opposition, Nyambe said a former head of state is clothed with immmunity and until the same is lifted, they are protected from being harassed and having properties seized by the court.
By Mwaka Ndawa
Kalemba March 1, 2023.
