Constitution of Zambia (Amendment)
[No. 2 of 2016
(5) For the purposes of clause (4), an appeal from a judgment, a
case stated or to a question of law reserved shall be part of the
criminal proceedings.
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House of
Chiefs and
functions
(6) The power conferred on the Director of Public Prosecutions
under clause (4)(c) shall not be exercised in relation to an appeal
by a convicted person, a case stated or a question of law reserved
at the instance of that person.
(7) The Director of Public Prosecutions shall not be subject to
the direction or control of a person or an authority in the performance
of the functions of that office, except that the Director of Public
Prosecutions shall have regard to the public interest, administration
of justice, the integrity of the judicial system and the need to prevent
and avoid abuse of the legal process.
(8)The functions of the Director of Public Prosecutions may
be exercised in person or by a public officer or legal practitioner,
authorised by the Director of Public Prosecutions, acting under the
general or special instructions of the Director of Public Prosecutions.
(9) The National Prosecutions Authority shall be established as
prescribed and shall devolve to the provinces and progressively to
the districts.
181. Where the Director of Public Prosecutions is absent from
Zambia or is unable to perform the functions of office due to illness
or other cause, the President shall appoint a person qualified to
perform the functions of Director of Public Prosecutions to perform
those functions until that appointment is revoked or until the Director
of Public Prosecutions returns to office.
Performance
of functions
of Director
of Public
Prosecutions
during
absence,
illness or
other cause
182. (1) Subject to this Article, the Director of Public
Prosecutions shall retire from office on attaining the age of sixty
years.
Tenure of
office of
Director of
Public
Prosecutions
(2) The Director of Public Prosecutions may retire, with full
benefits, on attaining the age of fifty-five years.
(3) The Director of Public Prosecutions may be removed from
office on the same grounds and procedure as apply to a judge.
(4) The Director of Public Prosecutions may resign from office
by three months’ notice, in writing, to the President.