which he considers it desirable so to do(a)
to institute and undertake criminal proceedings against any
person before any court, other than a court-martial, in respect of
any offence alleged to have been committed by that person;
(b)
to take over and continue any such criminal proceedings as may
have been instituted or undertaken by any other person or
authority; and
(c)
to discontinue, at any stage before judgement is delivered, any
such criminal proceedings instituted or undertaken by himself or
any other person or authority.
(4) The powers of the Director of Public Prosecutitions under clause (3)
may be exercised by him in person or by such public officer or class of
public officers as may be specified by him, acting, in accordance with
his general or special instructions:
Provided that nothing in this clause shall preclude the representation of
the Director of Public Prosecutions before any court by a legal
practitioner.
(5) The powers conferred on the Director of Public Prosecutions by
paragraphs (b) and (c) of clause (3) shall be vested in him to the
exclusion of any other person or authority:
(6) For the purposes of this Article, any appeal from any judgement in
any criminal proceedings before any court, or any case stated or
question of law reserved for the purposes of any such proceedings, to
any other court in Zambia shall be deemed to be part of those
proceedings:
Provided that the power conferred on the Director of Public
Prosecutions by paragraph (c) of clause (3) shall not be exercised in
relation to any appeal by a person convicted in any criminal proceedings
or to any case stated or question of law reserved at the instance of such a
person.
(7) In the exercise of the powers conferred on him by this Article, the
Director of Public Prosecutions shall not be subject to the direction or
control of any other person or authority:
Provided that when the exercise of any such power in any case may, in
the judgement of the Director of Public Prosecutions involve general