consideration of public policy, the Director of Public Prosecutions shall
bring the case to the notice of the Attorney-General and shall in the
exercise of his powers in relation to that case, act in accordance with any
directions of the Attorney-General.
57. Whenever the Director of Public Prosecutions is absent from
Zambia or the President considers it desirable so to do by reason of the
illness of the Director of Public Prosecutions or for any other cause, he
may on the advice of the Judicial Service Commission appoint any
person to discharge the functions of the Director of Public Prosecutions
until such appointment is revoked.
Discharge of
functions of
Director of Public
Prosecutions
during absence,
illness, etc.
Tenure of office of
58. (1) Subject to the provisions of this Article, a person holding the
office of Director of Public Prosecutions shall vacate his office when he Director of Public
Prosecutions
attains the age of sixty years.
(2) A person holding the office of Director of Public Prosecutions may
be removed from office only for incompetence or inability to perform
the functions of his office whether arising from infirmity of body or
mind or misbehaviour and shall not be so removed except in accordance
with the provisions of this Article.
(3) If the President considers that the question of removing a person
holding the office of Director of Public Prosecutions from office ought
to be investigated, then(a)
he shall appoint a tribunal which shall consist of a Chairman and
not less than two other members, who hold or have held high
judicial office;
(b)
the tribunal shall inquire into the matter and report on the facts
thereof to the President and advise the President whether the
person holding the office of Director of Public Prosecutions
ought to be removed from office under this Article for
incompetence or inability or for misbehaviour.
(4) Where a tribunal appointed under clause (2) advises the President
that a person holding the office of Director of Public Prosecutions ought
to be removed from office for incompetence or inability or for
misbehaviour, the President shall remove such person from office.
(5) If the question of removing a person holding the office of Director