Lusaka High Court Judge Mwila Chitambo has ordered a stay of the arrest warrant issued on DPP Mutembo Nchito
The Judge has also ordered that the warrant that was issued by the Chongwe magistrate be transmitted to the High Court for review.
Judge Chitambo further directed that the said warrant and any prosecution accidental thereto be stayed until after the hearing of the sermons for judicial review or until further action.
Yesterday, the Chongwe Subordinate Court issued a warrant of arrest for Mr Nchito for alleged misconduct and violation of the laws of Zambia.
This follows a complaint by former Finance deputy minister Newton Nguni that Mr Nchito faces 11 counts of criminal conduct, abuse of authority of office and uttering false documents.
Mr Nchito allegedly involved himself in these activities prior to and during his stay in office as DPP.
This is the first time that the holder of the office of DPP in Zambia is facing arrest over criminal charges.
Mr Nguni of Plot Number 297/401a, Saint Bonaventure in Lusaka filed the complaint in the Chongwe subordinate court today, pursuant to Section 90 of the criminal procedure code CAP 88 of the laws of Zambia.
Among the complainants is that Mr Nchito had on various occasions allegedly behaved in a manner that violated the Zambian laws, hence his continuation in office as DPP undermined the integrity of the criminal justice system and was inimical to the interests of the State.
Mr Nguni alleged that Mr Nchito between October 1, 2011 and November 30, 2011 falsely swore and made a false declaration before the Parliamentary Select Committee in the National Assembly chaired by Lucky Mulusa at a time when the accused was seeking a job as DPP.
This misled the Parliamentary Select Committee to make positive recommendations on his application for the job.
Mr Nguni alleged that in the months between January and July 2011, the accused did engage in procuring execution of documents by false pretences whereby, by false and fraudulent representation as to the nature, contents and operation of a document, namely, an Order of Court did procure the execution of the said Order of Court under cause number 1998/HP/2097 before Supreme Court Judge Gregory Phiri, who was sitting as High Court Judge then, thereby misleading the judge to erroneously sign the said Order and in the process subverting the course of justice.
The complainant alleged that on March 13, 2012 the accused did abuse his authority of office when he entered a nolle prosequi in a case of the People and Shubert Sinkala without even seeing the evidence from the complainant Lewis Chisanga Mosho and indeed without even having the courtesy to liaise with the complainant aforesaid as regards the complainant’s meritorious complaint to the Magistrate.
Mr Nchito is on August 20, 2013, alleged to have abused the authority of his office by mischievously entering a nolle prosequi in a case of drug trafficking involving The People and Brebner Changala and Agness Kawandami before magistrate Aridah Chulu after the said accused had connived and instigated officers from the Drug-Enforcement Commission (DEC) to plant illicit drugs on Mr Changala and Ms Kawandami.
“These manoeuvres came after DEC had, on the advice of the DPP, swapped vermox tablets (also called Mebendazole) used for deworming human beings found in Ms Kawandami’s belongings with what was said to be methamphetamine (ecstacy),” Mr Nguni stated.
Mr Nguni further stated that the accused did engage himself in fraudulent contracting of debt contrary to Section 357 of the Companies Act Cap 388 of the laws of Zambia whereby the accused, as chief executive officer of Zambian Airways, was party to the contracting of a debt by Zambian Airways knowing that, at the time the debt was being contracted, he had no reasonable or probable ground of expectation of the company’s ability to pay the said debt to the creditors such as, inter alia, Development Bank of Zambia (DBZ).
“The accused also behaved in a contemptuous manner before the Puisne Judge Nigel Kalonde Mutuna contrary to Section 116 (1) (a) (i) of the Penal Code Cap 87 of the lLaws of Zambia whereby the accused jointly and whilst acting together with Fred M’membe and Nchima Nchito showed excessive disrespect and discourtesy in speech, manner and indeed committed acts of intentional disrespect to judicial proceedings and to the said judge before whom such proceedings were being had or taken,” Mr Nguni stated.
“I am, in view of the foregoing, and by virtue of this written complaint under my hand, desirous to institute or commence criminal proceedings, as I now hereby do, against the accused person pursuant to Section 90 of the Criminal Procedure Code Cap 88 of the laws of Zambia,” Mr Nguni stated.
Lungu should be careful with Kalaba. Kalaba is a big snake in the grass.
I would advice Lungu to drop Kalaba and send him into foreign service.
I will be disappointed to see Luo and Kambwili back in cabinet. If this happens, then any little respect I had for Lungu will evaporate.
Iwe Wanzelu you are UPND we actually don’t give a damn whether you lose respect for Lungu or not…better yet just go ahead and hang yourself am sure nobody will miss you
Ba Wanzelu.
EVERYTHING IS LUNGU, PF BLAB BLAB. WHAT HAS THE PRESIDENT TO DO WITH THIS? PROBLEM IS YOU LET WATCHDOG DO THE THINKING FOR. USE YOUR BRAIN MAN. THE NEWS IS ABOUT STAY OF ARREST WHICH IS GOOD IN THE INTERIM TILL TRUTH BE FOUND. SEEMS WANZELU IS A STUCK. HE ONLY SEES LUNGU IN EVERYTHING IN HIS LIFE, IN EVERY NEWS- MAN YOU’RE OBSESSED IF NOT POSSESSED
Hey hey hey! Its the Skeleton Key!
Now I’m being vindicated. Yesterday I said that, “I see this case NO where”.
PF & Lungu, through N’guni have opened their own can of worms. This surely is not Sata’s legacy.
When we say PF is divided, its cadres call us names for being realistic with the happenings. If a leader has no vision & for sure, people will suffer. The waiting for the revelations of Lungu’s cabinet reminds me of secondary school, when we awaited the prefect hood portfolio. So Kambwili et al are waiting for Lungu to give them jobs’, after yapping all long. Nachito imasila!
RB is playing politics of the belly, Nchito is a far knowledgeable lawyer than the visionless Lungu who “fraudulently chewed” his client monies.
The Skeleton Key
~206~
No unity among…
The Judge was Mutembo Nchito’s course mate at UNZA. It’s good to take care of each other!
Rupiah Banda please leave the DPP alone. I think Edgar Lungu has gone redepion in terms of being controlled by Rupiah Banda. The cabinent that he is going to announce today has been prepared by Rupiah himself.
Even a class monitor can do better that this Kachasu Man.
Davies Chama, come on and advise your boss correctly, otherwise you are such a big embarrassment.
Kalaba would be a good pf candidate in 2016.. very eloquent in speech, good physique, average height…meets requirements of good leadership in both trait and behavioral theories. If not Kalaba then its Miles Sampa for 2016…
@1 wanzelu,
But just when did you have respect for President Lungu when you have been UPND’s dedicated insulting, cursing and death tromping troll in all blogs? Young as you are you have chosen to be a merchant of death. Good luck to you lets see where it takes you and how far.
PF is now RB’s property. This is what you get for making a financial covenant with a snake
With the death of the Cobra, muzanya ba swine. The next should be Fred M’membe. We want all the cartel members to face trial and pay a heavy price for all their misdeeds. They had held the Cobra hostage.
If Lungu had constitutional powers to remove DDP from his office, he would have been fired earlier than the Attorney General.
Now he is trying by all means to circumvent the law.
I see nothing wrong in pointing out the things that might drive Zambia under by advising those in power to avoid certain elements from destroying Zambia.
That fact is to just sit back and look while Zambia continues being ruined by rogue elements like Kambwili and Luo,making and implementing wrong decisions, would be utter f00lishness of the highest order.
The enemy you beat by disadvantaging him will never accept defeat and respect you. While the enemy you trounce in a free and fair game, will not only accept defeat but respect you as well.
So giving sound advice to Lungu, comes natural to us in UPND, just like we gave advice to Sata to correct the wrongs so people can benefit.
All the advice we give in form of checks and balance is for the benefit of every Zambian not UPND…
The parliamentarians who ratified Nchito’s appointment in the first place must share the blame.Time and time again parliamentarians are seen to use other parts of their anatomy than their brains when making decisions.Nchito was a dodgy character -why he was made DPP beats me.The bible says you shall know them by their fruits. His fruits were out there for everyone to see.It’s really sad to hear also how the DEC planted drugs on changala and his sister.They too must answer for their crime. Zambia under Sata was a joke -a very bad joke!!
Ndeke loko imbululuke bwanji, mpaka izankala pansi.
What ever the out come of this case, one thing is very clear, Nchito is out of that DPP job period. No ifs no buts. He is a loser!
I love our judicial system.
Upnd must start looking for a leader as a first step towards cleaning their tribal tag.
Fielding Halusa Hagain is a clear definition of insanity…… Doing the same thing but expecting deferent results
Iwe just concentrate on herding cattle with your fellow cattle-herder. Blah blah etc sela tubombeko iwe shetani wamupamba
Wanzelu, with me Edgar can appoint whosoever he wishes, as long as he can drop Chikwanda. Chikwanda only has a personal agenda and no agenda for the country. His agenda is only to enrich himself thru kickbacks from loans and projects. He doesn’t care if mother Zambia goes bust.
I am also at State House in LUSAKA
Kambwili as Information Minister, what a jock?
Micheal Kaingu is now Zambia’s Education Minister.
Yamfwa Mukanga – Transport & Communications
John Phiri – Minister of Local Government.
Chishimba Kambwili becomes Minister of Information.
Vincent Mwale – Minister of Sport and Youth
Given Lubinda appointed Minister of Agriculture.
President Lungu announces he will remain Defense Minister until further notice.
If that is what you have been praying for so that PF will have Internal problems again so that your party UPND will capitalize on, you are misguided. These people will be Full cabinet Ministers today take it or hang yourself.
@ Wanzelu
OK KAMBWILI AND LUO ARE BACK GO HANG NOW WANZELU…You do not give a condition in order for you to respect someone, If you lack respect you just lack it, not because of the object of respect. Who are you, and who respects you anyway? Have u gained respect from others yourself?
@ Wanzelu
YOU ARE ONE OF THE ELEMENTS THAT ARE DESTROYING ZAMBIA, START BY ELIMINATING THAT ELEMENT CLOSE TO YOU. AND THEN GO ADVISE THE PRESIDENT FOR OTHER ELEMENTS.
Waste of time …. by the time this case takes off and goes thru our snails pace court system there will be another President in office…
Absolute joke pa Zed
@Wazelu
You’re UPND and u can’t tell PF what u want.We want Kambwili in PF to kolopa UPND in 2016.Why are u scared of Kambwili UPND chaps?The problem is that you’re too scared of kambwili,miles and Lubinda.I hope the president will appoint these three pipo.
Ba UPND muli naboza
We are not scared of Kambwili , Miles and Luo. These are some of the elements that made PF lose track and gain a bad reputation.
Kambwili laughed at the student who committed suicide for being denied bursaries. He has failed chipolopolo and the youth many times by being inept.
Miles Sampa needs to answer why he sent his thugs to assault church goers at BICOGA. There is the Ruth Mbandu case still haunting him.
Luo undermined Zambia ‘s traditional establishment by dethroning Chitimukulu. She demeaned the chitimukulu and reduced him to a commoner.
Any more reasons?
@ Wanzelu
Please rest, you have said enough. These PF guys will just argue for the seek of arguing and without giving examples as you are doing.
Next to hear now are demos that Mutembo must stay aside pending judicial review because he can’t continue discharge his duties with such serious allegations.otherwise he will bring the office of the DPP into disrepute. And that’s how ba Nchito will leave his job and become an ordinary person like me.this thing was planned in Mfuwe.
The other thing is that whether this Nchito issue will make lungu popular or unpopular,lungu will still be safe because only one party can unseat PF and that’s UPND and if that happens upnd can still continue with these cases since they were also victims of the cartail.mmembe and his group are really between the devil and the deep blue sea.
Lets hope this will be the end of the cries about Nchito. He shouldn’t have been there in the first place. Conflict of interested, corruption and abuse of office.
The Judge was Mutembo Nchito’s course mate at UNZA. It’s good to take care of each other!
In today’s full cabinet that will be announced by the Ceremonial President Edgar Chagwa Lungu, I understand the Real and Resurrected President Rupiah Egg-Shapped Head Banda will have half of his preferred names and all ministers will be bowing down to him (Rupiah) as he is the appointing authority while the Ceremonial President Lungu will just be rubber stamping.
Watch the space, Zambia is doomed under Edgar Lungu the remote controlled President. I understand the co president to Rupiah Banda, Robert Mugabe has also seen the cabinet that would be announced today.
We warned you, but you Tree Climbing Monkeys (Bembas) and you Rat Eaters (Cats) or Easterners, ignored our warning and went ahead and voted for Edgar Lungu the drunkard who has now been reduced to a ceremonial President as…
@Jane Mulenga
you bitter woman, what has really gone wrong with your, ever, negative comments on the head of state(ECL)? You are simply de-campaigning your HH by comments based on hatred. Can UPND (HH’s) sympathisers term this woman’s tongue, otherwise HH will lose even the remaining little support from people.
Jane Mulenga, you are simply an incorrigible f00l! We have advised you time and again that you should stop abusing fellow Zambians. Probably Jane Mulenga is actually not a black person, because if you were, you would totally avoid using monkey for a fellow Zambian. Jane Mulenga whatever you are, you sound demented and racisit, not to mention that your tribalism stinks to high heavens and even Jehovah God is revulsed by your poisonous tribalism and abuse of your fellow human beings.
You seriously need counselling by a psycho-social counsellor so that you are helped to get over your hatred.
Jane Mulenga,
or whatever your name is, you are an *****. Coming on line just to insult a whole people….
This case is NOT going anywhere!
A cane toad wad swollen by PF, the consequences are these toxic revelations contained, Lungu & PF have NO VISION because they are visionless.Lungu himself said that;
“I have no vision”. Upon his position, The Litunga of Barotseland gifted the self confessed visionless Lungu with a walking stick. Don’t tell you people have probably forgotten.
Its clear that Sata had no vision, hence Edgar Lungu substantiated it by affirming he was visionless but will continue with Sata’s hypocrisy, lies & corruption. Remember, they survive on Donchi Kubeba illusions these PF pathological liars.
Poor PF & country for the “blind” Lungu without any ideas of leadership.
The one & only
Skeleton Key
~206~
The law is now a jock in Zambia, very soon you will hear that the police have surrounded the house of the Inspector General of Police Stella Libongani with a view to arrest her.
Please Mr. Lungu, we are aware that you are a drunkard and it seems your drunkenness want to turn you into a mad man.
Don’t entertain Rupiah Banda, the DPP was appointed by Micheal Sata, the man whose legacy you cheated Zambians to uphold of which you have completely forsaken.
Edgar, to tell you the truth you as an individual you are extremely unpopular, and people who voted for you did so because they were black mailed by your propaganda machinery that would carry on the llegacy of the late president.
If u want to test nyour popularity, please form your own political party and try to contest in 2016.
Zambia law has been a joke for a long time now. I think so far Lungu is doing a good job. If he is unpopular as you say then he is one hell of smart guy to have dribbled all of his opponents.
Nanga omwela ndalama zanyoko? you bitter prostitute
Drama continues Lungu was Justice Minister when Mulusa and others raised these issues in parliament the dull PF Ministers and caders defended all these nonsense,including the President whose soul is not resting in peace went ahead and sued the daily nation and all ministers followed him to the court.
What has changed now for this government which used to sweep dirty under carpet and arrest the DPP?what a useless government with useless Ministers.Its only in Zambia where such changing of goal posts can be entertained.
Winter kabimba was the minister! Please don’t twist facts. Infact this stuppid judge should tell the nation how he comes in since Mutembo has not put in any injunction
Ba Cartel balatampa ukuyinyelawila kikikikikikiki!!!!
hahahahahahahah!kikikikikikkikk awe Ba Oprah mwantekunya mwe!!
I am raising warrants of arrest for a so called businessman/ banker.
mwila chitambo has joined a serious battle that he may not contain. this is for the big boys. mind the chief justice is new and on which side???????? ndololeshafye.
This is not for cadre level analysis. The issue at stake is big. We do not want another Mexico where might is right.
You accused pf of shielding nchito. But
Today you. Cha nge
Had it been my uncle from Bauleni Compund, he would have been arrested by now. Selective justice….Nonses!!
So what I we ci Wanzelu?
“….It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged and another for the “rich and famous…” this was Judge Masipa in the Oscar Pistorius passing of judgement…. so, no one should be above the law, if crimes were committed, let the law catch up, regardless of status..”mulandu taubola”..twalumba
Chishimba Kambwili. imformation and brodcasting Minister….which means he will be Chief Govt Spokes person. Wapya Muzi Ba reporter bapa Zed
I am also at State House in LUSAKA
Kambwili as Information Minister, what a jock?
Micheal Kaingu is now Zambia’s Education Minister.
Yamfwa Mukanga – Transport & Communications
John Phiri – Minister of Local Government.
Chishimba Kambwili becomes Minister of Information.
Vincent Mwale – Minister of Sport and Youth
Given Lubinda appointed Minister of Agriculture.
President Lungu announces he will remain Defense Minister until further notice.
Kaingu’s daughter will engage in more prostitution and ponography.
You wished you were at state house mama.
The purported Court order exhibited is defective. The cause number on the top right hand corner is missing and it does not bear any official High Court stamp on the first page.
Unless these issues were rectified later, what we are seeing here is not a valid Court Order.
It is folly for anyone to think that a Guilty judgement will go unpunished. In addition lying under oath is a serious breach at law which every lawyer must avoid. To me really there are two cases here: 1) Lying under oath to the Parliamentary Select committee that he would not,once appointed personally prosecute Rupiah B Banda 2) That the guilty verdict meted by Judge Gregory S Phiri was not contested in the Supreme Court or if it was there is likelihood that the appeal failed in which case he is guilty of sharp practice by inserting a paragraph in the consent order which was agreed on by both our sides. Throw back: read what late George Kunda (MSRIEP) said about the ratification of Mutembo Nchito in Parliament. Mutembo must be allowed to answer these charges. For now he must step aside.
The battle lines are becoming clearer – its survival of the fittest and elimination of the unfit!
Mmembe suggested Nchito’s appointment to Sata because he wanted to fix Rupiah Banda. H.E. Lungu will do well to finish this job because if he doesn’t he will have to fight another day. Next, people that leaked confidential letters to Mmembe.
A high court can stop an arrest? is that not anarchy? arrest the bum!
No appointment 4 me up2 nw,imagine I even travelled to state house,only to b sidelined
Ulibe Nzelu and Jane Hamulenga, we do not need your advice. You can do very well to advise HH and Dr, Canacius Banda.
I am urging president Lungu not to waste time on witch hunting. You have 1 year in witch to prove yourself to the Zambian people, you are not there to please individuals. Remember that they are some people who want to see you fail. Forget the Nchitos, Membes, etc and just work. Tell that Kambwili to just do his work instead of threathening to shut down some social networks and media houses.
The truth shall remain: Nchito has tested the inside of the cells in which he takes a lot of common men. Ask HH, nevers and young Chipimo, they have been there too. The allegations are quite serious and cannot go away just like that with an injunction or lies of the post. The court has to hear the whole truth. If Nchito is innocent as the post portrays, let him prove it in court. SIMPLE !!!!! I am following this circus with keen interest as a law student. The presumption, in Zambia is:” Nchito is innocent until proven guilty.” Why fear the court? After all he is not above the law. It is only the President of the Republic that has immunity from criminal prosecution of any kind and not DPP. Ng’uni take him on our behalf.