CONSTITUTIONAL LAWYER INSISTS DPP’S DECISION TO DISCONTINUE TAYALI CASE MUST BE DONE IN OPEN COURT

LUSAKA – Constitutional lawyer Tresford Chali has unequivocally stated that any move by the Director of Public Prosecutions (DPP) to discontinue a criminal case, including the prominent matter involving opposition Economic and Equity Party (EEP) leader Chilufya Tayali, must be formally executed in open court. This assertion comes amid heightened public interest in the powers and transparency of the DPP's office, particularly when exercising its constitutional discretion to enter a *nolle prosequi* or withdraw charges. Chali's insistence serves as a crucial reminder of the legal principles governing prosecutorial decisions in Zambia, advocating for a process that is both visible and accountable to the public and the judiciary. The DPP's power to discontinue proceedings is enshrined in Article 180(4)(c) of the Zambian Constitution and Section 81 of the Criminal Procedure Code, allowing for such action at any stage before judgment is delivered. While the law does not explicitly oblige the DPP to provide reasons for entering a *nolle prosequi*, this discretionary power has frequently been a subject of debate and public concern in Zambia, with critics often citing its potential for abuse or political manipulation. The case of Chilufya Tayali, who has faced various charges including inciting mutiny, has been particularly high-profile, drawing significant attention to the intricacies of the country's legal system and the role of key legal figures. Chali's argument for open court proceedings is rooted in the broader principle of judicial transparency and the public's right to witness the administration of justice. He contends that while the DPP possesses the constitutional authority to discontinue cases, the manner in which this power is exercised should not be shrouded in secrecy. Presenting such decisions in open court would allow for proper recording, public scrutiny, and ensure that the process adheres to established legal protocols, thereby safeguarding against perce