Longwe drags DPP to JCC… UPND stalwart seeks probe into DPP Gilbert Phiri’s conduct

Longwe drags DPP to JCC … UPND stalwart seeks probe into DPP Gilbert Phiri’s conduct By EMV REPORTERUnited Party for National Development (UPND) stalwart Charles Longwe has petitioned the Judicial Complaints Commission (JCC) to investigate Director of Public Prosecutions (DPP) Gilbert Phiri for alleged gross misconduct. Mr Longwe has accused Mr Phiri of impropriety for […]

Longwe drags DPP to JCC

… UPND stalwart seeks probe into DPP Gilbert Phiri’s conduct

By EMV REPORTER
United Party for National Development (UPND) stalwart Charles Longwe has petitioned the Judicial Complaints Commission (JCC) to investigate Director of Public Prosecutions (DPP) Gilbert Phiri for alleged gross misconduct.

Mr Longwe has accused Mr Phiri of impropriety for refusing to authorise a private prosecution against senior UPND officials

In a complaint addressed to JCC Secretary Brian Gombwa dated July 31, 2026, Mr Longwe alleges that the DPP abused his constitutional office by declining his request to institute private criminal proceedings over offences involving party records and statutory documents.

“I have lodged this complaint of gross misconduct because I believe the DPP utilised his official function to abet crime and shield his private clients from due prosecution before the courts of law. In my view, he ought to have declared a conflict of interest, recused himself or delegated the matter to another competent authority,” Mr Longwe said.

Mr Longwe said he had earlier reported several individuals to the Zambia Police Service over allegations relating to the submission of false statutory returns and adoption documents.

He saod the complaints involved matters of criminal law rather than civil litigation.

He contends that after the police failed to act on his complaints, he sought authority from Mr Phiri under Article 180(4) of the Constitution to commence private criminal proceedings, but his application was rejected.

Mr Longwe said Mr Phiri failed to disclose a conflict of interest because some of the individuals named in his complaints had been his private clients before his appointment as DPP.

He said the refusal to authorise private prosecution effectively denied him an opportunity to pursue criminal proceedings over allegations that should be determined under public law.

Mr Longwe said Mr Phiri reliance on the existence of civil proceedings as a basis for rejecting the request was legally flawed because civil and criminal proceedings can run concurrently where appropriate.

He cited court decisions which he says support that position.

Mr Longwe attached letters to the complaint showing that the National Prosecution Authority declined his request on May 29, 2026,
He subsequently sought reconsideration of that decision, arguing that criminal proceedings were distinct from civil litigation and requesting clarification on the legal basis for the refusal.

But Mr. Phiri maintained his position in subsequent responses dated June 22 and July 17, 2026, informing Mr Longwe that no sufficient grounds existed to grant authority for private prosecution and indicating that the office would not engage in further correspondence on the matter.

Mr Longwe is now asking the JCC to investigate Mr Phiri’s conduct under the Constitution, arguing that the Commission has a duty to examine complaints against judicial officers and holders of constitutional offices.

The complaint was copied to Chief Justice Mumba Malila, Attorney General Mulilo Kabesha and the Law Association of Zambia (LAZ) president Arnold Kaluba.