76
No. 2 of 2016]
Constitution of Zambia (Amendment)
(4) The office of Solicitor-General becomes vacant if—
(a) the Solicitor-General is removed from office by the
President;
(b) another person assumes the office of President;
(c) the Solicitor-General dies; or
(d) the Solicitor-General has a mental or physical disability
that makes the Solicitor-General incapable of performing
the functions of that office.
(5) The Solicitor-General shall assist the Attorney-General in
the performance of the Attorney- General’s functions.
(6) A function conferred on the Attorney-General by this
Constitution or other law shall be performed by the Solicitor-General
when the Attorney-General is unable to act owing to illness or
absence from office for a reason.
(7) The Solicitor-General may resign from office by giving
three months’ notice, in writing, to the President.
Director of
Public
Prosecutions
180. (1) There shall be a Director of Public Prosecutions who
shall be appointed by the President, subject to ratification by the
National Assembly.
(2) A person qualifies for appointment as Director of Public
Prosecutions if that person—
(a) has experience in undertaking criminal trials; and
(b) is qualified to be appointed as a judge.
(3) The Director of Public Prosecutions is the chief prosecutor
for the Government and head of the National Prosecutions Authority.
(4)The Director of Public Prosecutions may—
(a) institute and undertake criminal proceedings against a
person before a court, other than a court-martial, for an
offence alleged to have been committed by that person;
(b) take over and continue criminal proceedings instituted or
undertaken by another person or authority; and
(c) discontinue, at any stage before judgment is delivered,
criminal proceedings instituted or undertaken by the
Director of Public Prosecutions or another person or
authority.