The Lusaka High Court has declared null and void, the transfer of the matter involving Director of Public Prosecution Mutembo Nchito by the Chongwe magistrate court.
High Court Judge Mwila Chitabo made the declaration, in the exparte order, issued today in the Lusaka High Court.The DPP’s case was today expected to come up for allocation in the Magistrate Court.
Justice Chitabo said the purported transfer of the matter to the Chief Resident Magistrate in Lusaka has no legal effect.
Justice Chitabo said his ruling of February 12, 2015 declared the purported proceedings of Chongwe null and avoid and rendered Mr Nchito’s arrest null and void. The High Court ruled that the magistrate who issued the warrant had no jurisdiction to entertain the complaint which is contrary to the law.
He wondered why the warrant was issued from Chongwe when Mr Nchito is a resident of Lusaka.Justice Chitabo also noted that the alleged offences slapped on the DPP were allegedly committed in Lusaka.
The High Court Judge said all procedures connected to the DPP’s matter is declared null and void.
Last week, Director of Public Prosecutions Mutembo Nchito was arrested by Chongwe police following the issuance of a warrant of arrest by the Chongwe Magistrate Court. Mr. Nchito was arrested on two counts of Abuse of Authority of Office and two counts of Contempt of court.
Police Spokesperson Munganga Chanda, said the DPP was also accused of procuring execution of documents by false pretences, uttering a false document and fraudulent contracting of debt.She said Mr. Nchito is further accused of false swearing and conspiracy to defeat justice.Ms.Munganga Chanda said all the offences are alleged to have been committed between January 2008 and August 2013.Mr Nchito was only released from the Police cells after obtaining a stay to halt the warrant of arrest.
very useless judge,chinyo chawishi
what does this mean now? umlandu washima or what? kwena pa zed abakankala abasubwafye chapwa. Lesa mukulu
Get your dirty hands off Zambia’s best ever DPP. Only cockroaches are scared of his ability to convict them and send them to jail. Come 2016!
The People Nchito has sent to jailor surviving on appeal in Supreme Court:
Richard Sakala – owner of Daily Nation
Samuel Musonda – former MD at Zanaco
ZAF generals
Zambia army generals
Katele Kalumba
Finance Ministry officials
Xaviour Chungu
FTJ was saved by former DPP and RB’s refusal to appeal silli judgment
what is this?,,, Zambia looks like a lawless state, who is the president??,,, is it president Chishimba kambwili or RB??
This ruling is explicitly clear that filling of the case in Chongwe court jurisdiction was wrong but holds as valid on grounds of the same case. It is therefore, upon the petitioners and other citizens interested to file the same in the right court jurisdiction. I suggest a tribunal be set up now to let Nchito clear his name clean and fair. It’s dangerous to have an DPP who has many criminal issues around his neck. How does he preside over our criminal law system? DPP has security of tenure but it’s not an absolute immunity from the lawsuit if he turns out a criminal. It’s beyond dispute that Mutembo’s time has had some clear violations of the spirit of the law.
in 2016 Lungu will be fired with immediate effect….
Lungu…..ati ifintu ni Lungu kansi ni malabishi yekayeka
I have said it before and say it here, To LAZ and such opinion leaders who seem to have willfully opted to overlook some moral and constitutional platitudes for political bias, we better be thoughtful in our public comments, or else our actions become repugnant to the Constitution.
DPP found with criminal issues must not be insulated from facing a recall at the hand of citizens. It’s beyond dispute that Mutembo’s time has had some clear violations of the spirit of the law.
Surely, we can learn from the USA where the former Attorney General John Ashcroft was made to leave his office early for failing the constitution due to many oversights. Some comments are only promoting criminality which if tolerated can lead Zambia to some ignominious chapters of our national history.
Oshautu again. And it was Mutembo who introduced Null Void. Zambia is just losing everything, football, court cases, elections etc.
Bravo to the High Court for standing up & respecting the office of the DPP. Surely the constitution is clear on what needs to be followed & not this primitivism PF regime is exhibiting. Banana republic is on coarse with the visionless at the stifling controls’.
Great work by the High Court & Nchito as DPP with his office should be respected.
The arrest of Mutembo Nchito obviously was a way of lifting hands for those crying out loud noises in anticipation of their immunity.
The chief mambala is a bully & the visionless one as usual is intoxicated with blindness.
Despite Nchitos skeletons, the way N’guni with his acquaintances’ disregard the office of DPP should be treated with high contempt it deserves bamambala!
The Skeleton Key
~206~
HHow can you embrace a shame by the name of Rupiah Bwezani Nyamasoya Banda and at the same time impress us who voted for you?
2016 will be summer slam for PF to pack. It was PF when the late HE M. C Sata was president of PF.
ECL your partnership with criminals will make you pack.
Good morning @Skeleton:
I will be ready to resume from were we ended last Friday … hope you had a great Valentines weekend.
DON’T LET RB START CALLING THE SHOTS. RB OF LATE (AFTER THE DEATH OF SATA) HAS BEEN TRYING THIS AND THAT IN ORDER TO FREE HIMSELF AND HIS CHILDREN BUT TO NO AVAIL. HE HAS TRIED TO HI-JACK NEVER MUMBA, PRIOR TO THAT HE HAS TRIED TO GET INTO POLITIC BUT THREATENED WITH THE WITHDRAWAL BY GOVERNMENT HIS BENEFITS, LASTLY HE SAW AN OPENING AND DECIDED TO SUPPORT EDGAR C LUNGU. RB HIMSELF IS AN ALLEGED CRIMINAL GETTING HIM TO INFLUENCE DECISION-MAKING IN GOVT WILL BE ONE VERY SERIOUS MISTAKE. OBVIOUSLY, HE WISHES TO FIND A WAY (BUT A VERY WRONG ONE) OF NAILING THE MUTEMBO NCHITOS. PF SHOULD CONCENTRATE ON DEVELOPMENT PROJECTS AS SATA DID AND LET THE LAW TAKE IT’S COURSE ON THE ISSUES OF RB. OTHERWISE BA LUNGU BAKABWELA POFYE NGA PAKUNYA ANGA TABACENJELE EVEN WHEN HE HAS BEEN MIRACULOUSLY…
…HAS BEEN MIRACULOUSLY SUPPORTED AND HAS STARTED WELL WITH MASSIVE SUPPORT.
Zambia is a failed State, so you don`t expect a sensible judiciary.
This now is the beginning of things to come – THINGS FALL APART- the Zambian edition.
The problem with Zambians is that we don’t want to follow our own procedures. The constitution is very clear concerning the way the DPP can be removed and face prosecution. You cannot prosecute a sitting DPP unless a tribunal constituted by the president in consultation with the chief justice finds him guilty and removes him/her first! The DPP position is very sensitive and thus should be independent and free from interference. The way Newton N’guni and Edgar Lungu went about trying to remove the DPP by soiling his image is against protocol and therefore illegal! Tapali umulandu apa. The Chongwe magistrate misdirected himself and made himself to look stu.pid in front of a watching nation. He should be disciplined.
Content is always protected by process. I don’t support Mutembo but he is DPP therefore follow the due process of the law. Differentiate between the person and the office he is holding. Sata’s vision being played out now? Or is it RB vision? PF SG said EL has got nothing to do with this, would he say so even if he did?
Imagine! The DPP steals your ATM card, steals money from your account. He cannot be prosecuted? You first set up a tribunal? Then change the constitution
Corruption at work, i wonder how much was given to that magistrate to work outside his jurisdiction! That is why we need KABIMBA AND HIS RAINBOW PARTY IN 2016
Be serious, that man has no ounce of leadership. Let the PF, UPND, MMD plus great president Nawakwi work for mother Zambia.
Kabimba the biggest corrupt politician. Check who helped him to squander 6 million dollars out of crude oil import deal?
KABIMBA AND RAINBALL ARE RUBBISH. ISN’T HE THE CHAP WHO SAT AND STARTED FARTING ON THE CONSTITUTION?
Justice Chitabo says the magistrate who issued the warrant had no jurisdiction to entertain the complaint. Who has the jurisdiction then??? because what has been leveled against him has to be addressed.
Read again, baba. Caba shani kanshi? Justi readiii! Ala!!!!
Why did Nguni wait for Lungu to take over than pursue Nchito ? This country is headed to the destruction !!
OK. Agreed, the PROCEDURE followed by the petitioners/complainant was WRONG. BUT the merits of the case have not been tested. Can the complainant be advised by a competent legal team to refile the case in Lusaka??
Nguni has already filled nine criminal charges in Lusaka today against the DPP. Watch this space.
For destruction …chizungu
We all want the plunderers of our nations good name brought to justice, but the Chongwe magistrate overreached. The DPP shall have to resign, because I see parliament rescinding his appointment.
Whatever RB touches ends up in intensive care unit. Namboard, UNIP, MMD and now PF. Mark my words PF must make a hard but necessary decision to debunk themselves from this man.
@ine wine, ya! you’ve made me laugh,, you are very funny, no PF won’t let him drive them to intensive care, he is just a partner with no influence at all, President Lungu is in full control don’t mind grapevine my brother.we are watching from the terrace..
@ 9 Ine Wine
RB is a dangerous politician – see how he is able to swing from one party to another in a single stroke and cause havoc!
@9 THAT’S MY WORRY AS WELL. IT’S LIKE SOMEONE IS PAYING RB FOR PF AND LUNGU SUPPORT. THIS IS WHERE THE MISTAKE HAS STARTED. PF DOESN’T RB ANYTHING. IN FACT RB OWES ZAMBIANS A LOT. ZAMBIANS HAVE A SHORT MEMORY, INDEED. UYO RB NI ALLEGED KAWALALA BELAMUCITA ENTERTAIN.
dont talk of kabimba here.u want another state funeral here.Thats a moving corpse.u did c IT last night on TV.
But you already have a state funeral in ECL imminently! That embassy park will soon be full.
TO JUSTICE, THERE IS ALWAYS RECOURSE AND SO NGUNI SHOULD NOT DESPAIR JUST AS NCHITO SHOULD NOT DESPAIR.
Whats going in Zambia kanshi..?
I quote “The matters that have been brought before the courts are not matters under investigation, or alleged criminal acts, they are factual and not open to speculation.
That Mutembo forged a document before Supreme Court judge Gregory Phiri is fact. This is on record. It has nothing to do with hating or liking Mutembo Nchito. It has everything to do with his fraudulent character.”
Most Zambian lawyers are crooks. I stand by these words and I can prove them right any time any place. Crooked to the bone!
@Sieze Banda, Most Zambians including you and me are crooks. Zambia needs a foreigner as President, Attorney General, Solicitor General, DPP, Cabinet Ministers, Police Chief, Army Chief and then and then only Zambia has a future. Any country touched by an African has gone to dogs. See what Obama has made of USA, Zuma of South Africa, DRC, Malawi, Kenya, Tanzania, Nigeria, Burundi, Niger, Liberia, Congo, Gambia, Senegal, Mali, name it.
Warming up a player…HH get ready your play time is coming soon,,,done with this chimbwi no plan an mediocre leadership…Rupiah Banda is bad luck for PF
HH is a history. He had his best time and lost it. His vote share will go back to under 16%.
Incompetent and shameless Zambians elected an incompetent government in power.
This RB – Lungu alliance is devious. 1 month in office and so many contentious moves. Nchito and Muhabi are being persecuted while panga carrying PF thugs are scot free despite their many crimes against innocent people. Am I surprised? No. You just have to look at the way Lungu ascended to the PF presidency and people who surrounded and sponsored him. The whole nomination was manipulated by Lungu’s friends in the judiciary, defence and security wings forcing all his competitors out of the race. He has continued. mixing with Katumbi and the like and you think there are better things to come. The economy is crumbling and the man is busy gallivanting and playing pool not bothered at all. Some of us knew and warned, but you voted for him. You are yet to know the real Lungu.
If you live in a glass house don’t throw stones, if you play with fire you will be burnt one day, nchito knows what he did & his time has just come. ALL Other government programs are on course unless you don’t live in Zambia you will see when you look around..
@chinyama if you truly live in Zambia you would have known that many projects such as universities, schools, roads and clinics etc have come to a stand still because the state is broke. The kwacha is sliding and you say things are okay. You are in denial.
@july I live in Zambia & travel Alot I see most projects are on schedule of course some due to rain have been halted or delays by contractor not that GRZ is broke.All the projects where financed before contracts were signed,so forget ancient procurement systems that approved contracts without cash allocations, there is a sure system bwana. Kwacha will be restored by the new BOZ boss, keep watching….
How did it all start? Just spontaneously the respectable DPP Mutembo Nchito is being pursued and arrested like a common criminal. Who is greater? The little known Chongwe subordnate court magistrate whose execution of duties must ensue from authority of Mutembo Nchito as director of public prosecutions or Mutembo Nchito himself who must authorise legal business in the Chongwe court? Whatever the case I see vindictiveness in the whole saga. I am beginning to analyze critically whether Sata’s legacy is being respected or some people were part to the evil wishers who wanted Sata dead so that they could correct flaws perceived to have been made by Sata. By the way, where has Newton Ng’uni sprung from? Is he not the once upon a time Kanchibiya MP failure in Mpika?
We are chatting nchito’s case here not the quality of the complainant. Be focused.
Good Judge Chitabo, so Mr Ng’uni may be right and all he needs is to re-file the case in Lusaka.
Good, for Mutembo has some questions to answer, he has too much baggage for a DPP.
But I see that, as the Past news cried when Wynter Summers Kabimba was fired by Sata, they are also crying loudest here, for if their own legal soul has been touched, then they are next.
But as the tears of the Past news for Kabimba were in vain, so too shall their tears be on this matter. But the tears for Kabimba have dried up as he was dispensable, and not electable anyway. But now, it’s a matter of life and death for the cartel.
Nchito should not celebrate just because of null and void ruling, RB is not finished with him yet.
@ 18 Jethro
“…RB is not finished with him yet.” Quite a lesson – the RB you hesitate to finish is the RB who instantaneously finishes you!
And we have a lawyer President…..shame Zambia Shame shame….
Well the majority of Zambians didnt vote for Lungu….HH won the elections
But ba Lungu a lawyer who doesn’t know the court procedures
Nchito will now win this case because of Lungu’s poor start,
criminals escaping from the hands of a lawyer!
Ifintu ni Lungu…kuwayawawa chabe,,,,dull lawyer Lungu,,,,Nchito will teach Lungu Law ethics…Lungu needs to go back to ZIALE after losing elections in 2016.
Follow the history . Nguni started this process a long time ago. Infact he objected to his appointment as DPP but as usual people did not listen.
@ Zambian Watchdog- Keep dreaming until you dream no more!Your bitter stone faced leader is leading you nowhere. Only two peoplehave cried wolf over the election, HH and Muliokela- befitting partners!
@Zambian Watchdog
You seem to have grown up now let’s hope you have completely moved on.
Just what is the problem between Ngu’ni and Mutembo that Ngu’ni and his sponsors are not telling us? Any rational person will not understand Ngu’ni’s gymnastics at all!
This is an ***** of a judge from Kalulushi Municipal Council. My friend had a car accident in Kalulushi, but the guy whose car he bashed sued in Kitwe and the case was conluded there. Mutembo Nchito and others have caused misery to other people. Those who are supporting him are only doing so beacuse of politics. They know the truth.
IG needs to be removed – police should also know jurisprudence and not just be sent like security guards obeying a command. PF still harassing and beating people in markets and they are busing arresting Nchito and Muhabi – boggles the mind
But surely proper procedures ought to be followed. The practice of taking the so-called case(s) into the forests of Chongwe really does smack of hidden agendas.
kiliminals are behind ECL.
Iwe naiwe, mu Zambia if you have money you dont go to jail. Your case will just up in Court with nolle. General Kanene is languishing in prison because he has no cash. Also, try to steal a chicken, you will end up in Chimbokaila. That is the law yapa Zambia. Mwanawasa went to Parliament and told the nation the millions of dollars which Chiluba stole through abena Katumbi and his Belgian allies, but how did all these cases end up? RB returned Chiluba’s seized properties and the Katumbis are now the darling of the state who are wining with the ifintu ni Lungu ku Chichele Lodge. The law in Zambia was not made for the rich but to punish the poor.
Nonsense!!!all these are id1ots who only confuse us Zambians!!! Let Edgar Lungu rule in peace!!IN 2016 WE WILL ONCE MORE VOTE FOR PF-PERIOD!!!!!!!!
It is very clear from the Mutembo Nchito happenings that things are not okey since chancers took over zambian government.2016 ifike bwangu.Bapompwe nabasokoloka.
Zambian lawyers please dont let thieves start controlling the judiciary.
RB has just declared a legal battle against himself. He is irking for it.
For Edgar Lungu, it’s an own goal – unfortunately.
I and majority Zambians who overwhelming rejected Banda in 2011 are disappointed that Lungu has embraced this corrupt man and all that he represents. In 2016 I won’t vote for Lungu primarily because of his embrace of Banda. I won’t vote for HH either because he just lost his shot in 2015 when all his strongholds turned up for him but could not deliver him power. Just came to a realisation also that tribalism is real in UPND. In 2016 am trying Kabimba who was vilified in PF for opposing the corruption of chikwanda and his league. Chikwanda admitted corruption esp in road sector that is why PF is borrowing heavily.
Edgar Lungu should be stopped or else Zambia will cease to exist.
In just less than a month as President, he has shown Zambians that he is incapable of ruling.
if you want to see a man’s true character,give him power.
2016 lets try Nawakwi Edith…this Lungu guy is something else
WHO IS MORE PF, GUY SCOT OR RB
Uyu mambala RB is more important in PF than Guy Scot who suffered so much for PF now.
If Edgar Lungu was wise he would have aligned himself more to Guy Scot than Nyama Soya we rejected so recently in favour of PF. What ever differences he has with Guy, it would be more honourable for EL to align himself to Guy Scot than Nyama Soya. But is he that wise to do that?
Why has the case of the DPP sprung so much with vigour just a few weeks after Edgar is in office? Why has RB come on the scene so much after Edgar’s election? Would this have happened if Sata was alive?
Edgar is mischievous. Look at the way he ascended to PF presidency? Obtaining injunction at 01 hours where in the history of Zambia? Awe twachula sana within a period of one week.
Why has the case of the DPP sprung so much with vigour just a few weeks after Edgar is in office? Why has RB come on the scene so much after Edgar’s election?
Edgar is mischievous. Look at the way he ascended to P.F presidency? It was easy to see the speed and desperation in him how he wanted to ascend to power. He worked behind violent chaps to hound others from the race and pretended he was not involved.
This is the same scheme he is using against the DPP hiding behind Nguni. Chaps like Hapunda were his spokes persons while he was hiding behind scenes. Where is Hapunda now?
How possible can this be when the case is already before the courts of law for review.