Director of Public Prosecutions

Director of Public Prosecutions (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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 75 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (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. (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. (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.