Zambian chief prosecutor Mukelebai Mukelebai has insisted he will not step down, despite an announcement by President Levy Mwanawasa that Mukelebai will retire soon, his lawyer announced late on Sunday.

Vincent Malambo, lawyer for the embattled director of public prosecution, said that Mukelebai would not take a one-year sabbatical and then retire, contrary to an announcement by Mwanawasa on Friday.

"He has never resigned nor agreed to go on a year sabbatical," Malambo said.

Mwanawasa told reporters on Friday that Mukelebai had agreed to take study leave for one year and thereafter retire from his position to enable him to work in the private sector.

Mwanawasa said there were several "serious allegations" against Mukelebai, including an accusation that he met with former intelligence boss, Xavier Chungu to discuss how to circumvent the charges.

Chungu is on trial for corruption, along with former president Frederick Chiluba.

But Mukelebai's lawyer said the statement by the president was not true and his client would continue to be the country's top prosecutor unless he was sacked by a tribunal, as provided for under the constitution.

"If the president has evidence, let him constitute a tribunal to investigate these issues," Malambo said.

Under the Zambian constitution, the public prosecutor can only be removed by the president after an independent tribunal has investigated the allegations against him and found him guilty of failing to perform his duties honestly.

On Thursday, Zambia's legal affairs minister and attorney-general, George Kunda, held a news conference where he was flanked by the prosecutor and said Mukelebai was still in charge of his office.

But a day later Mwanawasa contradicted his minister, saying the prosecutor would not resume his position after serving 45 days' leave because the allegations against him were too serious. – Sapa-AFP.