Saturday, April 20, 2024

New case filed against Nchito in Lusaka magistrate’s Court

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Director of Public Prosecutions Mutembo Nchito
Director of Public Prosecutions Mutembo Nchito

FORMER deputy minister of Finance Newton Ng’uni has filed a fresh complaint before the Lusaka magistrate’s Court against Director of Public Prosecutions (DPP) Mutembo Nchito for alleged abuse of authority of office, and other criminal offences.

When the matter came up yesterday before chief resident magistrate Joshua Banda, it was allocated to magistrate Lameck Mwale.

Mr Mwale is studying the file and is scheduled to hear the matter today.
Earlier, the High Court ordered a stop to criminal proceedings in the subordinate court against Mr Nchito and described his arrest as null and void.

According to an ex-parte order by High Court judge Mwila Chitabo, the ruling he delivered last week which declared the purported proceedings before the Chongwe Subordinate Court null and void rendered Mr Nchito’s arrest and all proceedings connected to the matter useless.

Justice Chitabo also ordered that the transfer of the matter from the Chongwe Subordinate Court to the Lusaka Magistrate’s Court be null and void and of no legal effect.

He further ordered that since the proceedings have no legal effect and the matter and record having already been called by the High Court for review in accordance with the law was also null and void.

The Chongwe Magistrate’s Court issued an arrest warrant against Mr Nchito for alleged abuse of authority of office, procuring execution of documents by false pretences, uttering a false document and fraudulent contracting of debt.

Justice Chitabo quashed the warrant of arrest, saying the lower court had no power to entertain the complaint brought before it.

54 COMMENTS

  1. one shudders to think of how low Nguni can be turned into.why has this man been chosen to be a scape goat in this whole thing of revenge by some well known failed politicians…?this thing will rebound in the coming of days and all those he’s seeing to be maligning with won’t even be seen in the picture.come on Nguni, you can do better than this.what has made you mad about nchito all of a sudden?what folly!

    • This joke is getting old. We all know this case will go nowhere. Zambians are now awake and will not tolerate witch hunting.

      Kaminamisa Lungu – call off your dogs, enough us enough

    • @sara

      You are correct my friend.

      Ours is to watch the spectacle as the two camps of crooks size each other out.

      Definitely the out come will not be until 2016 so RB and Nchito can continue to be on Lungu leash until 2016 elections.

      Ka lungu is now the puppet master watching from the sidelines and calling shots to manipulate the puppets while sipping a whisky on rocks.

    • By the way, like I said CHAMA is dancing and happy that Muhabi was locked by the police.

      Chama and Lungu instructed police to stop Muhabi holding the meeting because his agenda was to discuss the way forward on how to black mail Lungu so that RB ‘s faction can get more posts from Lungu. This move was resisted by the Bemba faction led by Kalaba and Luo vigorously.

      Had the meeting been to defect to PF like the one RB held to endorse PF instead Chama and Lungu would have provided protection like they did that time.

      Lungu is sly, I would not invest a single grain of trust in him. Lungu ‘s father is a secret no one wants to tell.

    • Cases do not rot like cabbage.The forgery Mutembo Nchito committed will forever follow him until he pays the price of criminality.There is no witch hunting.DPP has himself to blame.Demonizing Newton Ng’uni will not change Nchito’s criminal record.

    • Pleases Mr. Nguni ,Please Mr. Nguni be yourself. It is better to die as a poor man instead of selling your soul for a few pieces of silver.Let us live together without necessarily being bought or used to fight other people’s battle. I love you my man even when you have stopped thinking.

  2. I hope this Nguni will look into many other corruption allegations against various individuals and bring them before the courts and what happened to the anti corruption commission?

  3. Finally I have told my American friends at my job not to read or listen to Zambian news and never to seek clarification from me because this Zambian-African leadership style is embarrassing and it’s hard for them to understand that the electorate is okay with all the incompletences and corruption by the politicians. They can’t believe RB was defeated by Sata and that after Satas death RB is working with or rather controlling with Satas successor?

    • @Ubuntungwa bulikwi

      Your suggestion is retrogressive to say the least. Lets learn to dialogue in a spirit of democracy. We all have our views and should learn to accommodate dissenting views.

    • @ 3 Ubuntungwa bulikwi

      Your American friends are humans too. They are not Angels. Didn’t you see how those white policemen strangled and killed a black man in broad daylight in New York recently. Their court system exonerated them and set them free without trial! Can you imagine that? Do you know that America has the largest number of inmate population of any country in the world? What does that tell you about the American justice system? A large majority of those inmates, for your information, are black men. Did you ever hear of Martin Luther King Jr.? Are you that naïve? Get lost and never be found. I say, GET LOST!

    • @ brother @mei matengu I forgive your drunk blogging, Normally I do not respond to unintelligent provocations. Brother am not suggesting anything for you to say or do. Your level of comprehension is very disappointing.@mei am a graduate of American history and clearly your understanding of Our history and culture (from CNN) is pathetic. We have due process in the American legal system and no one is presumed guilty until so proven. Our legal system is the best in the world and if the same standard was to be applied in Zambia you would all be in jail for bribes you are so accustomed to taking. Our leaders are held to high standards, government workers are very competent. What your Nguni is doing is probably the right thing but for the wrong reasons. Our FBI handles such cases independently.

  4. That Nchito and company should be prosecuted and on conviction sent to jail for a long time is not in question. The questions is on procedure. The ‘company’ or more infamously the cartel members Fred and Mahtani should all have similar ends. The prosecution scam run by M’membe in collusion with Nchito in the last decade is deep, complicated and malicious. Many have fallen prey. Some have died, many have lost jobs and indeed many have lost reputations.
    This is not a fight for the faint hearted. Ask civil rights activist Brebner Changala. He tasted the wrath of the cartel. It therefore follows that whoever is taking on these guys needs to be committed and diligent in the procedure, apply the law to the latter and be without malice. Good luck!!

    • Africa, you have really stated my sentiments. Only those that have tasted Nchito and company’s wrath really understand how vindictive, manipulative and cowardly they are. What they administered was never justice but vengeance only. Let the law take it’s course but their opponents must really be astute and resolute.

  5. Those supporting Nchito are either relative or have been away from Zambia for many years. This guy and and his friends at the Post had turned Zambia into the Wild West. Yes RB could have commited some offences, but then these guys are just as dirty.

    • However let us follow the normal/ constitutional way of removing a constitutional officer. EL please you are at liberty to receive advice or to consult anyone but the final decision belongs to you your Excellency. This DPP issue belongs to you not any other person. We have other ways(You have) on how to save RB from going to hell. This legal battle might take too long and then affect the 2016 elections for you. Li stern to everyone but the final decision MUST come from you.

  6. This is all useless thing!!! We want the president to sort out the stand off between his government and the mines on the issues of new mineral tax royalty. The mines have started packing their katundus and the president is just seated attending to non material characters like the so called Newton Nguni, a hired gun chap. The president should urgently address the issue of royalty because so far nothing has happened. Uncle should be fired for he has done a very bad job here and actually he is undermining the president.

    • Chikwanda wants to sell these mines to Katumbi. Zambians are sleeping because they can’t see the consequences now. When civil servants start going for months without salaries then you will realise the importance of these mines

  7. Uncle Alexender Chikwanda should be fired! He is undermining the authority of the president. So as Christopher Yaluma, minister of mines.

  8. Prosecuting a lawyer without proof of evidence but using speculation. Nguni please be smart. dont be used like a condom by RB. He will leave you alone in the cold just like the way we throw used condoms. There is no care for a used condom Iam sure you know about this. RB will throw you in cold.

  9. Nchito will fight his own battles no need to sympathize with him he is a big boy.If he has committed a crime he should face the law like everyone he has taken to court and send to jail,,so people no need to advice Ng’uni to back off,he is also a big boy,and in fact we need to make Ng’uni head of the anti-corruption commission,the guy has demonstrated the courage to take on bigger boys in the matrix of corruption. let Ncito face the law

    • @sara

      You are correct my friend.

      Ours is to watch the spectacle as the two camps of crooks size each other out.

      Definitely the out come will not be until 2016 so RB and Nchito can continue to be on Lungu leash until 2016 elections.

      Ka lungu is now the puppet master watching from the sidelines and calling shots to manipulate the puppets while sipping a whisky on rocks.

    • Whether he has committed a crime or not is another thing. It’s just the way he is being treated. Ngúni himself committed a criminal offence barely a month ago; I am sure you are aware if you live in Zambia.

  10. when sow evil you must reap evil, what goes round comes back around. its pay back time and theres is no way of escape for the cartel and Nchito. This is what happens when evil has reached a climax level ,even a junior lawyer will disrespect you, imagine DPP been summoned by a chongwe magistrate court?? its time at play here, its not even Nguni’s fault so lets not justfies evil by condeming Nguni ,in life every wrong has to be punished God shames those that think are superior than others, there is time for everything so Nchito is just reaping what he had sown. its a lesson to learn for all of us, in life always treat others the way you would want to be treated.

    • Nothing wrong with doing the right thing, it’s the way it’s being done and in this case it’s being done for the wrong reasons, vegence that is.

  11. In as much as most of us would want Mutembo to be made accountable for a number of what we have been told are his misdeeds; as things stand it is virtually impossible to win a court case against him. His friends and those he helped on from his position are still running the judiciary. The best thing for the country would be to have him dropped as DPP.

    • We have the legal way of changing the DPP…..Let us stop this unhealthy way of going to court. This will just embarrass the country for a long time. These cases take long Mr. President. You are in charge and you work with those that you would like to work with. Why not use the same process that put Nchito into office to remove him from office. What is going on now my President???

  12. That styoped high court judge’s ruling is only effective as far as jurisdiction is concerned. his blanket protection of mutembo nchito of stopping all manner of actions against him are nullity and not tenable at law. a criminal is a criminal. when Sata was appointing mutembo he knew the man had issues. he did not know that his foolish actions would cause problems in future. definitely we can’t have a criminal heading prosecution. people are even dragging lungu in these things. all lungu can do is wait for expiry of mutembo’s contract and refuse to renew it. mutembo will pay. unless wamuyayaya

  13. Hahaha, it’s your time to dance with the law. Now what we need is a few criminals to testify how they gave you kickbacks not to be prosecuted and then you are DONE!

  14. 5 against 13 In support, what do you make out of this? Nchito is not guilty, he only has haters, jealousy and worthless enemies.

    • More are called but few are chosen.The supporters of Mutembo Nchito in his criminality could easily pass as criminals themselves.On what basis do they support Nchito when it is on record that this DPP criminal forged a High Court Order and uttered it in court.What persecution are they talking about.Analyse stories being churned out by the Post Newspaper and you will find out that they never comment on the criminal allegations against Nchito but they continue to cry that he is being abused.

  15. SEND A THIEF TO CATCH A THIEF! THIS NCHITO GUY IS ONE OF THE INDIVIDUALS IN OUR ZAMBIAN JUDICIAL SYSTEM OF THE PRESENT MOMENT WHO HAS TIME AND AGAIN TRAMPLED ON THE RULE OF LAW. THE SO-CALLED IMPLEMENTORS OF LAW ARE IN ACTUAL FACT VIOLATING IT AND HAVE KILLED LAW IN ZAMBIA. SO MANY CRIMINALS IN LUSAKA ARE LET SCOT FREE, ALL BECAUSE OF WRONG CHARACTERS LIKE THIS NCHITO IN OUR JUDICIARY. ZAMBIA NEEDS A COMPLETELY BRAND NEW GOVERNMENT WHICH WILL UPHOLD THE RULE OF LAW AND RESPECT FOR EVERY ZAMBIAN DESPITE ONE’S SOCIAL STATUS IN SOCIETY.

  16. I love the wild west. When you have a problem, the winner is he who has the fastest hand. Let them size each other while we watch.

  17. 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. Most of the things he did he would also have been in jail only that he is in power.

    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.

    • Mr, this whole thing was started a lon time ago except that Sata was hoodwinked in believin that he was dealing with clean guys. By the time he came to know their true charecter he was already on his to meat his creator. Just go to the archives.

    • Hapunda my tribesman,where are you? you thought betraying your brothers and sisters will earn you a job in PF? Am very sorry for you,pf is a tribal party and cannot appoint anything,,,hahahahahahahaha..from southern province. look all your media friends have been given jobs except you,even that of assistant fimofimo in one of these smaller countries in the world,,nothing for you..becos you are a small tribe in the southern part of Zambia.

  18. Look at the things attributed to this one Mutembo Nchito. Dont just support. These guys were lucky Sata died when he did come to realise that he was carrying the Mafia in his system. You can defend may because you are related to this guy. Probably Mutembo himself could blogging other people. Ask him what he did to one Director at Zambian Airs during Mwanawsas tenure. He influenced the system to hound this guy out and this guy died mystriously. Defend him because you may have benefited from him. Corporation (NAC) versus Mine Air Services which traded as Zambian Airways, where the airline received US$1,020,788.08 as passenger service charges on behalf of NAC and had allegedly not been settled.
    Mr Changala said the tribunal should also probe Mr Nchito on properties bought from Meridien Bank

    • @ Khakis you have a point my man but is the best way to wash our dirty linen in public……….iiiiiihhh this Nguni is really starving…..You man, surely you are selling your soul for a few pieces of Silver?? Shame shame. This Nchito can be removed nicely without marking so much noise in court. This case can take more than a year and the election will again be upon us!!! Ba President be very very carefully with these Hungary people, they might cost you a lot of votes next year.

    • please your excellency pres.Edgar Lungu,give HAPUNDA brian something even yabu DISTRICT COMMISSONER which does not require any qualifications,,,it is easy to simply read ka speech at functions prepared by some head of department,otherwise the man did not cultivate his field this year, he was busy supporting you during the by election,he will die of hunger,,.it will be a shame for a Tonga to die of hunger.

  19. Why is this drunk Ngúni not in jail? I thought we were told he committed a criminal offence in the ‘instruments of power’ saga? Poverty really has no integrity; you see what it has turned Ngúni into? A shameless buffoon who is ready to do anything for a few pieces of silver

    • Maybe another baffon can now follow up this Nguni in the transfer of power issue. He brought information only meant for the cabinet meeting into the public domain……….meant for people on oath. I repeat, again and again, we can remove Nchito very quitely and diplomatically without alarming the international community. The government in power took Nchito’s name to parliament for ratification and similarly the confidence that was shown to Mutembo can be withdrawn. The beauty of democracy. The Nguni route is embarrassing Zambia!

  20. Alexender Chikwanda and Christopher Yaluma have messed up our mines on newly introduced mineral royalty tax. Most mines are now packing their luggages in readiness to leave Zambia. Instead of concentrating on fighting Mutembo Nchito, the pf government should instead resolve this serious stand off with the mines. These are the serious matters we are suppose to be hearing not this rubbish Nchito perssived saga. CAN PRESIDENT EDGAR LUNGU PRESIDE OVER THIS PENDING ISSUE FOR WE ARE NOW RUNNING OUT OF TIME??? And our president should be care, Uncle Chikwanda wants to mess you up on this particular matter.

  21. @ Joe, will the case not yet attended to that Nguni committed about disclosing classified information going to rot? No my bro. Nguni has decided to stop thinking! Is Nguni part of the cabinet proceedures? How did he come into the issue of power transfer( Instruments of power hand over issue?). Nguni your days are numbered on one hand!

  22. Like we predicted (and it does not take a large brain to predict the Past these days), the Past news will shed tears everyday for the next few weeks. They will pretend to be righteous and quote good things about themselves and about their fellow member of the cartel Mr Mutembo Nchito, SC. They will not mention the many wrongs and downright criminal activities that he committed but paint him as an angel who is being victimised. Conveniently they forget that they victimised and blackmailed other people.
    Look guys, what is so special about this Mutembo that he cannot be touched? Having committed so many wrongs, why did he accept such a position which requires one to be squeaky clean?

  23. Look guys, this is not the first time that a government official is being questioned via the law. Masebo and Dora each had their day facing a tribunal demanded by Mr Harrington. Three judges had their turn at an aborted Chikopa tribunal instigated by the cartel. Mr Ng’uni has rights just like the Past, Harrington and others? Did the Past condemn the harrassment of innocent judges before Chikopa? Why was it right for the Past news and the cartel to invoke Mr Sata’s powers to intimidate their enemies through Chikopa? Is it the reason why they want to drag the President into this because they applied pressure on President Sata? The Past should realise that they have taught citizens a few legal tactics in fighting for our rights. It is called taking a dose of your own medicine!!

  24. We therefore urge Mr Ng’uni and Mr Brebner Changala not to despair until these guys are arraigned before the law to prove their innocence. You have support from the majority Zambians who feel that time has come for people who pretend to be angels to face the mussic, whether this will be done via a tribunal, a magistrate in Choongwe or one sitting in Lusaka is immaterial. Judge Chitabo has done his legal best to stop the initial citizens arrest if it was illegal, but cannot stop this latest one. Didn’t the good judge say that Lusaka is the correct jurisdiction in which the alleged crimes were committed? If he does, we will become suspicious and call for a tribunal to face him too.

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