The decision by Lusaka High Court Judge Mwila Chitabo to stay President Edgar Lungu’s suspension of DPP Mutembo Nchito from engaging in active duty until allegations of impropriety laid against him are cleared is not only shocking to us, it is contemptuous not only to the Office of the President but also of the person holding the office of the President, in this case His Excellency Edgar Chagwa Lungu.
We are equally alarmed and flabbergasted by High Court Judge Mwila Chitabo’s decision to stay the Tribunal appointed by President Lungu, which we view as a direct affront on HE Lungu.
History in Zambia and the commonwealth is replete of examples that state that the President has constitutional power, President Lungu used, without any question or reservation, hence staying or stopping the executive decision a President takes is like slapping the person sworn to the office of the President in the face—it is disrespectful.
[pullquote]We fear, however, that the level of contempt and disdain Judge Chitabo has for President Lungu’s office and persona teeters on the brink of criminality.[/pullquote]
In our recent history, Judge Chitabo’s action only reminds us of the action taken in the High Court by Judge Anthony Nyangulu (MHSRIP) when he grossly and erroneously ruled that President Mwanawasa (MHSRIP) was wrong to appoint Legislators from the opposition on the instigation of Brig General Godfrey Miyanda in 2003.
The matter back-fired right in the face of Judge Nyangulu who later issued an apology stating that he made the illegal ruling because (I had malaria,” leaving him as a laughing-stock in the eyes of the legal fraternity and the Judge lost while President Mwanawasa triumphed on the back of the law.
We hope Judge Chitabo is ready to concede defeat and feign an ailment once the book is thrown at him and precedent is cited. We urge our judges to respect the law the same way ordinary citizens do.
We expect more actually from Judges than we do from lay people on the streets hence the reason we also hereby call upon LAZ to examine the decision passed by Judge Chitabo to overrule President Lungu.
And while the probe is on, we also challenge LAZ to tell us why it is only Judge Chitabo who handles favourably, the cases involving suspended DPP Mutembo Nchito.
A case in point is when he recently quashed the Chongwe magistrate court’s decision to arrest Mr Nchito. Is the Judge being targeted by Mr Nchito? At this point and time without straying into matters before the court, we urge LAZ to educate us on what the law says with regard to Presidential powers.
What we know is that President Edgar Lungu has constitutional powers to take the action he took to suspend Mr Nchito and constitute the tribunal.
We fear, however, that the level of contempt and disdain Judge Chitabo has for President Lungu’s office and persona teeters on the brink of criminality.
We need LAZ action on this urgent matter. We know that matters of “Stays” are absolutely based on discretion.
If this be so, why then did Judge Chitabo exercise discretion in a matter involving the President? What pressure did the Judge face if any? These and many other questions beg for answers.
Issued by: Sunday Chanda (Mr)
PF Media Committee: Vice Chairperson.
While the President is useless and does not understand the law he need to be corrected by those who understand it. Wasn’t ECL a failed lawyer? Presido is making decisions whilst on a stretcher probably his mind was not there or someone made him sign the letter like they did to Sata when he fired Kabimba. Leave DDP, people know kanitundila is making these decisions. Came on Zambia, the DDP might have issues but Zambia is what it is, lots of thieves including you chaps pointing fingers.
ok! its this boy sunday chanda who is flabbergasted,,,i had to call my president Mr Mpombo to give me the true meaning of the word
Lungu said, “whoever don’t want to respect him as president should leave Zambia”. He will come and decent on them like a tonne of bricks!!
I reserve my comments, the insulted is a patient at Milpak Hospital. Selako ntambe tata…
Just go to court also ba PF and have the stay of the stay of the DPP stayed.
“We fear, however, that the level of contempt and disdain Judge Chitabo has for President Lungu’s office and persona teeters on the brink of criminality”.
NO ONE is above the law. That includes Lungu himself. How can you talk about contempt for a president when he is even sworn-in by a chief justice?? This tells you that as long as it is not a COURT order the courts can trash it. Learn from me, if you didn’t know!!
Sunday Chanda’s caderism is shocking to say the least. In the name of PF he has called into question a judicial decision. The question to Mr Chanda is, if the Judge cannot question the President’s action, then why do we have the rule of law? or why the separation of powers? Did you do your simple Civics lessons in grade 8 – 9? Surely, we have what are called separation of powers of the Executive, Judiciary and the Legislature. The same way the President Sata sent judges on leave, is the same way the Judiciary can examine his actions, otherwise if the President was to have unquestioned powers, there would be chaos in the country as his word would be command. The President is not beyond question as Mr Chanda thinks. And the rule of law is not a partisan issue.
Chikenda, mind your language. Supreme Court will overrule judge Chitabo. After this is done, it will be Chitabo who will be investigated and found to be in the pockets of the Cartel, will not only go but might end up in jail. Mark my words. Nchito is a criminal and anybody playing in his hands is equally a criminal.
What dismays me always is the high levels (yes, this time it can be quantified) of mythomania amongst Zambian commentators. I suppose this guy has not even taken time to read up on what implies a halting of a tribunal and is rushing to the traditional emotive claim of “respect for the presidency”. Be reminded that he is put in office by an act of voting and it is to the institutions and the provisions of the constitution that we shall hold all actions of CONSTITUTIONAL officers including the presidency. We need to tone down on alarmist behaviors, Chanda.
The quicker Lungu is kicked out of office the better for Zambia. Is this the man you call humble? You must have a twisted meaning of the word to attach it to someone who spitting venom each time he gives a speech.
I thought I would eventually like this man, but no. He does all the wrong things every time I hear from him. Meanwhile, the economy looks miserable. Wasted 2 years for Zambia right there!
Dear Sunday Chanda, you level of ignorance is sad to say the least. How, do you ask LAZ to have a say in a matter before the court of law. Sunday and PF please address the matters of this nature with the maturity they deserve. Sunday, you need to be schooled how to counter a judgement and not what you are doing. Yes, you may have a point, but argue within the confines of the law.
Challenging the President in this manner is not a criminal offence. People like Chanda should never be leaders. His remarks reek of dictatorship and dullness.
Why is PF flabbergasted? Law is law. It is not a question of being in power. You are not above the law even though sometimes you behave as such!
Set a tribunal to look into the judge who ruled against the President’s decision. Then a tribunal to investigate the tribunal that was appointed so that this tribunal can report to the tribunal that will recommend to the President.
There is something that Mutembo is hiding for sure!
And the tribunal upon the tribunal, after the tribunal upon again and again the tribunal…………eishi, Zed, what a failed state!!
We told you, u PF Maroons, UPND was an alternative to these clueless batch called PF but alas you kept saying ifintu in Lungu-even the elite CB and LSK went by that kaponya slogan and voted them in again. Now see what will happen in the next 16 months, things will get even worse economically because your ifintu ni Lungu presido is a clueless individual with little if not zero knowledge on economic issues.
Its a shame, 50 years after independence, you still can’t come up with a reputable health institution to tame this idea of rushing to RSA . Failed state indeed…..
Court battles…am watching from afar
True on the elite Southern Province was enlightened to all vote for HH they saw the light through their man
Last kicks of dying cartel…sort them out. Justput paraparas,..nchito no access to dpp offices.
Most junior lawyers do not even know how to read therefore do not understand the law. Please change the curriculum, the judiciary is compromised, if you think Mambilima is better you are mistaken, the system is rotten, you had the chance to correct the environment, most of the people with less life do not care about the future, that is what you get when you have a dictator.
I strongly suspect that Edgar Lungu will issue an apology to Mutembo since he had malaria when he suspended him just like in the case of Judge Nyangulu cited above.
Hahahahaha that’s a good one!
U’ll inform me abt who’ll emerge victorious in thiz battles
Never in the history of Zambia, have we seen such recluse and succicent use of law abitirary terminology. The nomenclature denoted by the judiciary both verbose and colloquial in arbitration is expounding our medulla oblongatas to the maximum. By the culmination of this dusk my persona shall be lawyer grandous.
Viva Principal presidente suprimous Edith Nawakwious.
@Nzelu monga George Mpombo .
Why the same phoolish judge? There is no precedence here. Nchito himself instigated a tribunal against another DPP! Chitabo is just being mischievous
Zambian Courts Only Promote Indicipline. They Have Seen How This Goat Have Been Behaving Giving Himself A Nolle. Even If We Have Shallow Knowlege About Law That Is Not The Way It Shouild Be. And The Chap Belong To The Cartel So He Is Up To No Good
The judge has done well to halt to illegal tribunal. The learner ed judge is aware that President Lungu is a moving casket which has no mandate of issuing directives which are clearly personal.
Edgar Lungu will soon be dying.
We shall all die some day.but have conscience wen commenting. I doubt if u’ll say those word if the president was your uncle,dad,or simply your relative.
The fact that is fallen I’ll doesn’t deserve to b called a moving casket.how many pipo walk in & out of hospital daily? Do you call them moving caskets.SHAME ON YOUR ! H.E is not supper human he can fall sick like any other person.i wish u live longer & see him rule Zambia up to 2021.
You will die yourself, moron.
U cannot compare Mwanawasa with Lungu when it comes to matters of law. Mwanawasa was way ahead… And so is Nchito!
Ok Mtembo mwaume….. the guy understands the law better than EL n his group. He knows their next step. He is way ahead of them. This is interesting. Wina azalila….
@dontcare
You made me presidential material – ‘nenze nagwa pabedi(I collapsed on bed)’ suffering from laughter by your tribunal poem!
I am on my way to town to buy an air ticket to Geneva so that an International Tribunal can be set on how come Zambia continues to have falling presidents.
Lungu is facing his own music he composed in that during his political life so far he has been in the fore front breaking the laws of Zambia. With or without presidential powers he has proved to be a mentally retired Lawyer! We are still fresh from the election saga and we will not forget that he imposed himself on the country illegally despite him being legal wise and the Zambian Constitutional Parentage Clause still against him, Lubinda, Scott, GBM and Sata Mulenga. Isn’t this worse than all the cases in question? Time must come when the sane Zambians are bold enough to exercise their professional rights to redeem the much tainted national image internationally. And it all begins with the entire judiciary which is at the core of all the wrong things perplexing the country today.
You are right. And we have a man in Mutembo to face them legally. The street lawyers that are hired by Lungu wont manage him. Who gave this chap the authority to strip naked the judge. He should be hit with contempt. No wonder this chaps are violent and killing opposition cadres because they are protected by Lungu. You just wonder what Lungu wants to achieve. Libongani arrest the chap. You were so happy to arrest Mutembo and deliver him to Chongwe. What are you waiting for? Do you want people to do a citizens arrest. You useless woman.
It does seem blogging on this site is not a serious enterprise. Mainly banter, insults, and such-like, not much depth, rather rag-like, what a crying shame!
Why is Sunday Chanda & the PF always trying to speak for the Presidency. The Presidency is strong enough to defend itself. This is not a party matter. Its separation of powers at work. Let’s wait & see how constitutionalism pans out in this saga. The Presidency is bigger than ECL just like the Judiciary is bigger than Chitabo & the law is bigger than Mutembo.
I like Judge Chitabo’s courage though.
Typical of PF to respond to a court judgment with a political advert! Why don’t these clowns just appeal to the Supreme Court that they have recently stuffed with their sidekicks, Mwangeni Mulenga and Mambilima? These Bemba muppets like talking too much and causing confusion. They should consult their law books instead of rushing to publish rubbish against a High Court Judge.
don’t talk about tribe my brother it will never help u.
be civilized & think with love & not hate.Zambia is bigger than whoever politician you support! Even if the president died today only God knows a chosen successor & may not be those you support.let’s build this country based on love not tribes.
The Kachsu Man is brain dead. The problem that we have in Zambia is that we allow corpses from the mortuary to issue directives.
I personally dont want to hear anything from Edgar Lungu. To me Edgar is a dead man who is just waiting to be buried.
It bye bye Edgar. Nature has saved us from your dictatorial tendancies.
Whatever, nothing on earth lasts forever. One day, justice will catch up with “smart” criminals who try to use the law to get away with crime.
If one is really innocent, why totally refuse to be tried in the court of law or face the tribunal and clear yourself?
I don’t see anything to admire in a person tasked with prosecuting others perceived to have committed crimes who doesn’t think the same law can and ought to be applied on them in the event that they too are perceived to have committed crimes.
Unless Mutembo Nchito clears his name in court or before a tribunal, I take it he’s a criminal trying to hide
DONT MAKE SO MUCH NOISE. THAT TRIBUNAL IS COMPOSED OF A NGULUBE, A SAKALA AND A ZULU ALL FROM EASTERN PROVINCE. THE COMPLAINANT NGUNI IS FROM EASTERN PROVINCE AND HE IS REPRESENTED BY A ZULU FROM THE EAST. PRESIDENT LUNGU WHO HAS APPOINTED THE TRIBUNAL ISALSO FROM THE EAST AND HE IS MEANT TO SUPPORT RUPHIA BANDA FROM THE EAST. SURELY MUTEMBO WOULD BE TOO DULL TO THROW HIMSELF HEADLONG INTO THE DEN OF SUCH LIONS WITHOUT A SECOND THOUGHT.
SETTING UP A TRIBUNAL IS RIGHT. BUT THE COMPOSITION OF THE TRIBUNAL LEAVES MUCH TO BE DESIRED. AND CANT SOME OF THE MEMBERS OF THIS TRIBUNAL DECLARE INTERES?
@Chisenga. The Judge who has stayed the Tribunal is a Mwila Chitabo. Seeing you are tribalist do you have issues with that given him and Mutembo Nchito belong to the same “Bemba-speaking clan”?
Mutembo was appointed DPP under a Bemba speaking President, do you have issues with that?
Sunday Chanda who has raised these issues is of the Bemba-speaking clan, do you have issues with that?
Use your brain and not tribe to think, muppet!
Czar, answering your question “why refuse to be tried if you think you are innocent?” The answer is simple, dont allow yourself to be tried even when you know you are innocent when you know the system to which you belong, the same system thats trying you is rotten. You will have yourself to blame for allowing you to be manipulated. Open yowa eyes my friend
@ThisIsOurTime, why then is Mutembo Nchito DPP, prosecuting others in the same courts that are rotten? Why is he appealing in the same rotten courts?
i now understand why mutembo is a top lawyer. he is playing them. i will encourage my son to study law wen he grows up. let us wait and see how the events unfold
1.The President has powers to suspend DPP and appoint the Tribunal of which the accused will be given chance to clear what is perceived not done according to the law by the DPP.
2.If the findings proves that nothing wrong was committed the tribunal will recommend to the President to reinstate the DPP or if found wanting the tribunal will also recommend for his removal by the President who is the appointing authority.
3.Whe constitutional matters are raised the Judge will try to listen from the accused person but the ruling will be made and the appointment made for one to act must continue.
4.DPP is appointed by the President and ratified by Parliament just like Chief Justice,AG,SG …etc.and their removal by retirement, resignation and tribun
Edgar is one of those who ratfied Mutembo, and the cases he is refering to are all old cases. Some of the new cases are before the court on appeal and in some cases the magistrate found that he had the constitution powers to a enter a nolle prosique. Looks like Edgar does not understand the law or someone made the terms of reference on his behalf like they did on Wynter.
Whose discretion is it to constitute & appoint a tribunal? Therein lays the answer on its composition.
Next and final stop is the Supreme Court. Gives ncito and co. to prepare exit strategy.
Mark this blog, in time ncito will be a former DPP (embattled)
So true, brother. Nchito will not only lose in Supreme Court. Supreme court might even reprimand ka Chitabo.
When they say why always Judge Chitabo its the same questions the country is asking why always Newton Nguni is fighting for Edgar Lungu…it was the same Newton Nguni who took the case of Guy Scott of him being Acting President, its also him who took the case to Court against the DPP..is he not being sent by Edgar Lungu…? The learned Judge is doing his job without fear or favour..
PF must be banned. It is a terrorist organisation. You can’t have a ka Chanda issuing an imflamatory statement against a judicial order by a well constituted court yet there are supposed to be lawyers in PF including ka president who know or ought to know that you don’t take to the media to challenge a court order but to court either before the same or before another judge to challenge a judge’s order. What is this PF nonsense!!!
“PERSONA TEETERS ON THE BRINK OF CRIMINALITY” no comment because chanipita chizungu. I am impressed that in PF we have alot of educated people who can write articles in IDIOMS ,me a university graduate in chemistry ,i cant understand SHIT ..VIVA PF,,VIVA CHANDA SOSALA VIVA A BEMBA
Anybody out there to bet? Supreme court will give go ahead to the tribunal. Tribunal will find Nchito guilty or Nchito will resign and everything will be over by September. Bet is 7 to 1
Catch me if u can, sending a thief to catch a thief. Where re we heading us a country the economy is melting down n judicially is becoming rotten.
May be you don’t know this Mwila Chitabo! He was a corrupt council employee on cb before Mwanawasa started to appoint his friends including makungu as high court judges
Sunday Chanda- the newest ”chipuba” (as the cobra labeled most of his Ministers) is an upstart who is hungry, lusting, jealous, insatiable and has all the deadly sins ensconced in him! Watch this space the circus continues!
I reckon sooner or later Mutembo will run out of bags of tricks and time will catch up with him.
First it’s true there is precedence in this country where a tribunal has been set up to remove the DPP. Is Mutembo arguing that the president doesn’t have a constitutional powers to constitute a tribunal to investigate him as a DPP? Or his argument is that the grounds aren’t strong enough to set up one? I think the president has those powers and it’s up to the tribunal to decide on the grounds.
Perhaps the only thing I’m not sure is whether the president can only set up a tribunal after someone writes to him and petitions him. Did Ng’uni write to Pres Lungu has, similar to the way Harrington used to do?
In any case Mutembo is sending a message that he is untouchable.
So far he’s like saying he can’t be prosecuted or removed from office by law or constitutionally whether he’s committed a crime or not… like only on his own resignation or death can remove him from that office. What with all the nolles and court orders.
I think he may be digging himself deeper into his own mess. In law perception is everything and by him employing every trick to delay his prosecution, he’s sending a wrong signal to those who will finally try him… that he’s guilty.
However, this is also proof that Ng’uni was sent by Lungu to commence those court cases. Thus there is no doubt that this is all politically motivated. But even then Mutembo is better off going to clear his name.
Some public office holders usually resign with new govt in civilised societies.
Let us see, president of Zambia Edgar Lungu decree Vs suspended DPP Mutembo Nchito.
This is kind of political circus playing in Zambia and many are happy with this as they are happy with current leadership. LOL
It is mission impossible to think you can use the law to get Mutembo Nchito out of that office. He is not DPP for nothing. The state will need to resort to illegalities to succeed.But that will be a sad day for Zambian law. People must find real evidence of impropriety not fishing for imaginary of perceived faults. How can you question his logic for a nolle when he is empowered to do so and owes no one an explanation for doing so. ABASH witch hunting
The one who laughs last, laughs the loudest. We will soon see who that will be. Surely not the criminal hiding under the law!
The one who laughs last, laughs the loudest. We will soon see who that will be. Surely not the criminal hiding under the law! This drama will soon end.
There you have this case of the DPP is not in the interest of the public but the party in office. How can we have a PF cadre getting involved in executive issues that are not a concern of the party but the executive? For Sunday to be commenting and discussing this issue from the party perspective just shows and proves that there is witch hunt involved in this case. Sunday should not comment on this issue or even bring in PF unless there is something else they (PF) are not telling about this issue of the DPP.
The whole thing was mishandled. Look at the way the DPP was treated by the Nguni,his group and the Chongwe magistrate. Is that following the law by even disregarding court orders?
I know that “hate” is a strong word, but Im beginning to real feel that for Zambia as a nation. Something is not right in Zambia. She (Zambia) has all symptoms of a cursed society. What kind of a “Christian” nation is this poor and has Presidents either dying or have court cases? A fake Christian nation.
Zambia has tried to use / bare the Name of the Lord in vain and we are reaping full judgement for it. This is what I strongly feel.
I am a Christian but I don’t for one moment believe that we are a Christian nation. The goings on in this country are unbelievable. The envy, violence, pettiness, jealousy, poor work ethic, corruption, misuse of authority, drinking, whoring, youth immorality, open polygamous marriages of ministers which we have accepted and not spoken against and the list goes on. Christians are supposed to be excellent. Because of our attitudes we open ourselves to the devil’s works. We are too casual as a nation and the attitude of fikayi solver is very unchristian.
JUDGE CHITABO WILL EVER LIVE TO REGRET BY GIVING MUTEMBO THAT STAY AWAY. IS HIS OFFICE HIGHER AND STRONGER THAN THE OFFICE OF THE PRESIDENT? HE SHOULD BRAZE FOR THE HARD TIMES A HEAD OF HIM.
The law is above anyone in Zambia and we must emphasize that point to our citizenry. Just because someone is president does not mean he can go around doing as he wishes. The supreme law of the land must be respected otherwise we will continue having presidents and their cronies chasing their ambition while punishing those who oppose them.
Quickest way out is for the Attorney General to appeal this stay to the Supreme Court. If the supreme court agrees that the President was right it will stay Mr Chitabo’s stay….just a biased thought from a quasi lawyer.
All that Mutembo is doing is to delay the process so that he and the cartel have enough time to try and cover their tracks. But they will not succeed because they were too comfortable under the previous regime that they made too many careless mistakes to cover up.
Dont compare the Chikopa tribunal to this one. This one is solid and lawful whereas the Chikopa was plainly awful, and biased, clearly an awful desing of the cartel.
No survival.ba Mutembo naba Mmembe, this time you face the legal music, the sooner you start the beyter for you.
Something is wrong here why is it only Judge Chitabo is making all these ruling are Zambian supposed to suspect something. We shall wait and see.
When are these buffons going to work? The President after his Mufuwe holiday has now gone on a forced medical leave just a month after taking office. He hasn’t even finished making his mad changes to his government.
This is now going in circles. The President should be asked to resign and let the country move forward. Since PF took over power, we have not had a functioning Head of State. They just go there to parade their wives. This is totally unacceptable!
You see that is the aim of the cartel to make the country ungovernable
The cartel thinks it is the government. Zambians can elect a government but they above the elected government.
Surely Justice Chitabo should come to terms that he is being used and that he will soon regret. The Attorney General will stay these proceedings in the Supreme Court. But is not justice but drama caused by people who want Zambia to burn just because they want to be in control. Let them not think that EL is a fool and that will die. He is coming back and then Chitabo will be short lived as High Court Judge. It is known that Chitabo owes it to his recommenders Kabimba and Mmembe. It is just a matter of time. Try every trick in the bag until bag is empty.
Is Mr. Mutembo Nchito so scared of facing his accuser(s) or is he just simply an arrogant lawyer? I think it is both. If there is nothing in the accusations or charges being leveled against him he would have eagerly faced his accuser(s) and shamed them in court. But this legal circus he has created with his la-di-da manipulation of the law is not the act of a man confident in his innocence. The controversially odious nolle prosequi he entered in his own favor was blatant arrogance of the lowest order and the best definition of the phrase “above the law”. He can only delay the inevitable but it shall surely come to pass. Let him simply man up and face his accusers or/and his fate.
No comment!
This is a circus. The lions have performed their tricks, to much cheering…..and now……along comes The Clowns, ..Susu,…Tiki and and yes…yes….Chintako….oops Chitabo!
No wait,….the clown is wearing a white wig…oh! It’s Judge Chitabo, His Honour doing his best to ruin the show!
What is this ***** iob seeking Chanda talking about? Everyone knows that this whole Tribunal nonsense has been instigated by that old fool RB to fix Nchito. Well done, Justice Chitabo, we need more men like you in this country.
Chiwamila mbuzi kuluma galu osati galu kuluma mbuzi. How was the court abused to intimidate and overun the Scot, GBM, Miles, and others during the ascent to the helm of PF?
What is good for the goose is good for the gander.
Judge Nyangulu is very much alive. Please correct the MHSRIEP
MR Chanda are you primitive or stupid or just naive, you forget easily, where were you when the Tribunal appointed by my beloved late President Sata to prob the 3 Judges was stayed. Please shut up, if you do not know the law. Let justice p revel.
Edgar bewitched by the blood of UPND cadre Glazier who died at the hands of PF cadres…..hope his soul won’t follow him where he is…..don’t celebrate when an innocent man dies!
This is a curse when you misuse the name of God by hiding on it as a Christian nation….Zambia is under a serious curse…..stop the pretence by our leaders. You can’t lie in public that you won’t settle scores and the next dat you ate busy settling scores and trying to sort out your perceived enemies. You end up being sorted out in the astral plane..
am alarmed by UPND leaders and cadres everyday wish that a sitting president must die simply because hh lost elections. Upnd must strategise and connect with electorate, trying to use satanism to get power wont and will never help hh. Negativity of upnd bloggers on lt, is another marvel. Do they have same brains like all of us?