
doi: 10.2139/ssrn.3758963
The office of Director of Public Prosecutions and Public Protector (hereinafter referred to as the DPP and PP‘‘) are public office. They are one of the most profound pillars in the maintenance of Law and order in any society. The offices of the Director of Public Prosecutions and Public Prosecutor are created by the Constitution respectively as one of the Constitutional offices for the benefit of republic‘s interest in carrying out prosecutions of criminal offenders and Defending People‘s rights, rule of law, transparency and accountability in the courts of Law. Articles 180(1) and 243(1) of the Constitution of the republic of Zambia (hereinafter referred to as CAP 1‘) establishes the office of the DPP and The Article provides; There shall be a Director of Public Prosecutions who shall be appointed by the President, subject to ratification by the National Assembly1.In exercise of its duties, it is most certainly clear that the decision of whether or not to prosecute is not an easy one to make. It is very challenging as there is no concise authority for a prosecutor to be guided by in reaching a decision as whether to mount a prosecution or not. The Constitutional Position of the powers of the DPP is such that no authority other than itself can order the office and the office holder to prosecute a person.As per Constitutional provision, the DPP is the Chief Public Prosecutor of the Government of the Republic of Zambia and his role is limited to the Constitutional functions of advising and controlling Criminal prosecutions.This research paper will propound on reviewing the Constitutional powers of the DPP in relation to the entering of a Nolle Prosequi. The paper will achieve this by walking the reader through a series of fundamental topics within and around the office of the DPP in relation to its establishing and regulatory Statues. In the recent past, this public office‘s tenets have come to the media attention of citizenry quite often and this has risen what has somewhat been a dormant eye on what the office is and its significant and in particular, its powers and discretions in relation to a Nolle Prosequi. In effect, after such review, this research paper 1. Article 180(1) of the Constitution of the Republic of Zambia 2016, CAP1, p.75 8will provide recommendations how best the sacred office of the DPP can better perform its Constitutional powers in relation to the entering of a Nolle Prosequi,
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