Constitution of Zambia (Amendment) [No. 2 of 2016 (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. 77 House of Chiefs and functions (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. 181. Where the Director of Public Prosecutions is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of Director of Public Prosecutions to perform those functions until that appointment is revoked or until the Director of Public Prosecutions returns to office. Performance of functions of Director of Public Prosecutions during absence, illness or other cause 182. (1) Subject to this Article, the Director of Public Prosecutions shall retire from office on attaining the age of sixty years. Tenure of office of Director of Public Prosecutions (2) The Director of Public Prosecutions may retire, with full benefits, on attaining the age of fifty-five years. (3) The Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge. (4) The Director of Public Prosecutions may resign from office by three months’ notice, in writing, to the President.

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