Mutembo leaves court
Mutembo leaves court

The decision by Director of Public Prosecution (DPP) Mutembo Nchito to enter a nolle prosequi in a matter he is facing alleged criminal charges has been described as a scandalous and a judicial tragedy.

Civil rights activist Brebner Changala says he personally finds Mr. Nchito’s move to be a mark of unprecedented hypocrisy in the Commonwealth for a judicial officer to preside over his own case.

Mr. Changala has told Qfm News by telephone that this unprecedented action by the DPP calls for scrutiny and introspection as professional ethics have been brought into question.

He says such an unprecedented judicial tragedy also calls for the immediate intervention of President Edgar Lungu.

Mr. Changala states President Lungu needs to give guidance to the nation on this matter.

Earlier today the DPP Mutembo Nchito, in an unprecedented move, entered a nolle prosequi in the case in which he is facing criminal charges, advising the complainant to report the allegations to the police to investigate and charge him.

Mr. Nchito who is alleged to have committed among other offenses Abuse of Authority of Office, Contempt of court, Procuring execution of documents by false pretences and Conspiracy to defeat justice, appeared before Lusaka Magistrate Lameck Mwale for mention and plea this morning.

But before he could take plea, Mr. Nchito relieved the lawyers representing him and took over the proceedings after which he entered the nolle prosequi and asked the Magistrate not to place the proceedings of the matter on record.

In his argument for entering the nolle prosequi, Mr. Nchito told the court that he has been forced to use the powers vested in him under the constitution to stop the criminal proceedings against him because he does not think the due process of the law has been followed.

Mr. Nchito contended that he cannot be prosecuted on charges that have not been investigated and on which a signed charge sheet has not been drawn out.

He told Court that much as there is no one above the law there is also no one below the due process of the law and therefore he cannot consent to be prosecuted without following the due process of the law.

And in response to Mr. Nchito’s decision, Magistrate Mwale who had earlier ruled that the DPP takes plea despite him retaining his constitutional powers allowed the prosecution team representing former Finance Deputy Minister, Newton Ng’uni who is the complainant in this matter to be heard.

Magistrate Mwale ruled that this is because the matter at hand is unprecedented and therefore the prosecution team had to be heard.

In their submissions, the prosecution team which compromised lawyers from Makebi Zulu Advocates, PNP Advocates and Keith Mweemba Advocates contended that by entering a nolle prosequi in a matter he is facing alleged criminal charges, Mr. Nchito is in fact abusing his Authority as DPP.

The prosecution team has argued that it is also against law of natural justice for Mr. Nchito to enter a nolle prosequi with respect to himself, adding that there is no provision in the country’s constitution that protects the DPP from prosecution.

They further argued that the procedure should have been that the DPP first takes plea and enter a nolle prosequi afterwards especially that Magistrate Mwale had already ruled that the matter proceeds despite Mr. Nchito retaining his constitutional powers.

But Mr. Nchito maintained that as DPP he reserves the right to end any criminal proceedings at any level a matter in court reaches without giving any reason.

Magistrate Mwale has since adjourned the matter to 2nd March,2015 to enable him study what has been submitted before making ruling.

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117 COMMENTS

    • Its not a scandalous thing to happen in a failed state like Zambia. This absolutely normal under PF.

      In countries where democracy is advanced , any public officer in Nchito ‘s capacity who is accused of any serious offence is supposed to resign pending investigations and conclusion of the case.

      Ever seen a police man arresting himself? If so then expect Nchito to do the same!

      Whats happening is proof that, RB wants to extract a statement from Nchito, saying, he wrongly accused RB, so in future, RB ‘s case should never arise again.

      Had it not been that, Lungu would have just fired Nchito straight away and replace him with some one who will close the case.

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    • It is amazing that Mutembo Nchito does not seem to understand the conscept of “Conflict of interest”. I am left wondering why he did not take a similar position of entering a nolle prosequi in RB’s two cases. I cant see the difference between the two, if he is entering a Nolle in his case on the grounds of “insufficient evidence or even Politically motivated”. If anything there seems to be more compelling evidence in the case against Mutembo than he ever brought to court in the two cases against RB.
      On the other hand, Nchito is only adding to the charges and certainly this is a case of “abuse of office” and Nguni may as well add another to the list. The evidence is there for all to see…

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    • @Wanzelu,
      Lets leave RB out of this. This is a case of the state against Nchito and not RB. RB is not in Govt and certainly not the Minister of Justice. Why does it always have to be something sinister in everything that unfolds? Nchito is a dubious character and no one is under any doubt about that so why shouldnt anyone (even RB) take him on now that his protector Sata is no more?
      Are you, like HH, now a fervent follower and believer in the Post Newspaper in addition to the ZWD? That alone should say something about your sources of information and indeed your “real intentions” for Zambia.

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    • Zambia is a failed state period! Democracy only exists in belly & corrupt politicians mouths. Democracy is very easy, all what people need to do is following & respecting its tenets enshrined with rule of law.
      The judiciary is lame & puppeteers have no clue about professionalism.
      One person is in the Legislative, Executive & Judicial simultaneously, hence there is no accountability.
      Nevertheless, despite skeletons of Nchinto, procedures in respecting the DPP office should be followed & not shortcuts. Let Nchito work, PF should pay attention to the plummeting economy because $1=K7. Obviously the Euro bond bakafuna bene bakee. Te fintu Lungu seriously Lungu te fintu.
      The rule of law need to be respected otherwise Anarchy everywhere!
      The Skeleton Key
      ~²°6~

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    • It is naive of you to applaude what is happening to Mutembo Nchito. There are clearly laid down procedures in dealing with constitutional officers. Today PF will unconstitutionaly remove a constitutional officer who may not be liked. Tomorrow it will be a Judge and maybe the Chief Justice. After that who says what they will do to ordinary Zambians.
      There is a reason why some offices, like that of the DPP have security of tenure.
      Zambians, stand up for your constitution, do not let your hate of one man blind you…..before you know, the police can pick you up based on rumors or disenting political views….

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    • TWO WRONGS DON’T MAKE A RIGHT. YOU CLAIM THAT PF LEADERSHIP MADE MISTAKES ON MUTEMBO’S ARREST-EVEN THO U GOT NO PROOF TO THAT EFFECT- STILL MUTEMBO’S ACTION OF A SELF NOLLE PROSEQUI IS WRONGFUL ABUSE OF POWER FOR SELFISH ENDS. HE WOULD HAVE JUST LET THE TRIAL ON TO PROVE HIS INNOCENCE, ACTUALLY AS A DPP HE MUST PROVE TO THE ENTIRE NATION THAT HE IS NOT A CRIMINAL. YES IT IS SCANDALOUS, WHAT KIND OF A DPP WHO DOESN’T FOLLOW THE LAW ON “CONFLICT OF INTEREST”? IT IS SUCH ISSUES THAT MAKES JUDGES RECUSE THEMSELVES. THERE’S SURELY SOMETHING INCRIMINATING ABOUT HIM. HE SHOULD HAVE JUST HONORABLY RESIGNED RIGHT AT THE START WHEN HE WAS ADVISED TO DO SO. NOW ZAMBIANS DON’T JUST RESIGN BUT TO SWITCH JOBS !!!!

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    • ZDW has uncovered a PF plot mean’t to destabilize Zambia by employing tacts like Mugabe uses in Zimbabwe.

      Check it on ZWD. Its written by Gen Tendai(Zimbabwean), Dr Simbyakula, and a Mutasa(Zimbabwean)

      Let me warn all PF minions that if UPND people continue being attacked with impunity, then,Us in UPND will defy HH ‘s call for peace and start rampant avenging the violence suffered by our people and burn Zambia so that every one suffers.

      Zambians are peaceful but when Pushed, can react violently. Zambians are not cowards like Zimbabweans.

      So Lungu and your PF be warned, that it will be hot if you useMugabe’s tacts.

      We will take the gund from the police and use them against PF and the rogue police.

      Ignore my warning at your peril.

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    • Oh no!! nomba elo baikulika ba mutembo. why such open abuse of office? balamuchisa ama guys pili iyi!! kaili abapela evidence umwine ati ni criminal

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    • @ Wanzelu

      LEAVE ZWD “NEWS” ON ZWD WEBSITE, DON’T POST IT HERE. WE HAVE VERY GOOD REASONS WHY WE DON’T VISIT THEIR WEBSITE, PLEASE DON’T MAKE THEIR WEBSITE FOLLOW US. WE DON’T NEED IT!!

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    • Yeah ZWD is one among the garbage that we have discarded from our “homes”. Please Osaleta zinyalala mu yard iwe chi ka “Wanzelu”!!

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    • @ wanzelu

      Please find five minutes and read Art. 58(2) of Constitution of the Republic of Zambia (Cap. 1), otherwise it sounds like you have reached intellectual level of PF intelligentsia.

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    • Completely no need to jump boarders…….It is a dead case. When everything is said and done, Muntembo is a superior lawyer than then boys bene Keith Mweemba. No need to run away……………I can assure you, RB is a threat to state security and the integrity of the country……..EL really under pressure to pay back using very dangerous processes.

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  1. come to think of of it how can Nchito prosecute himself???,,, why dont you suspend or put on forced leave before prosecuting him ,,, or petition the president to suck him

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    • @ndobo
      mutembo is a principled worker, he went to court and did his duty as a DPP.
      I text Ruwe, he is ok, complained of his car buried in snow. But working on article “in search of DPP”. He stopped those “in search of PF successor”.

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    • @Nostradamus
      thanks bro, you explanation on mutembo makes sense,,, not these other chaps who are trying to explan latin which they dont speak and dont understand
      Yaba,,,Ruwe in snow! i hope his article wont come with snow cold points,,,,

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    • Mutembo Nchito is just politely telling these junior lawyers and their employers that they have used a wrong procedure to prosecute him. He has not refused to be prosecuted……procedure my brother. The constitution is very clear on how to remove the DPP. But interestingly, Mutembo has just shown everyone that he is equal to the task or let us put it this way,so far he has been among the best legal brains Zambia has ever had. Mwanawasa together with the then DPP Mukelabai Mukalabai,, and Sata both hired him and just from the way he has composed himself in this Kangaroo process, he has been great. He has not refused to be prosecuted but he is saying that his constitutional office needs to be protected now and forever more, AMEN. Where are the busy bodies now????

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    • To remove a DPP is not as easy as you are putting it! The constitution is clear on the way forward. How to remove a constitutional officer holder……DPP, Judge,…..so on and so forth! Not what these boys bene Keith Mweemba are trying to do!!!!!!

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    • I want to concur with wanzelu if PF will implement what has been written in that leaked Document .we the cadres in UPND will not listen to advise by HH to hold our fire.We make sure Zambia is on fire.We shall have a second Boko Haram in Zambia.The difference ours will be swift and complete Government take over.This is not a joke its a serious warning .

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    • If you have to be a lawyer, you better be a good one!!!! Mutembo has shown that he is miles ahead of these busy bodies……..The message is, follow the due process of the law and there after, arrest me if I have a case to answer. No one, no one is above or below the law….Mutembo was right. The procedure is to investigate(The police) and if the investigators find some thing wrong with the accused, then issues are brought before the courts of law. It is very strange that these judges ,starting from Chongwe will even entertain such cases in their courts. When the DPP has been found wanting then the President will constitute a tribunal to decide on the fate of the constitutional office holder. It is not Mutembo per say but the office(DPP). For as long as there are no politics, this is easy!

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    • Mutembo abafunda abaiche abena Keith Mweemba ifyakuchita in order to keep the integrity of the judiciary and the good name of the country to the international community. He has not refused to be prosecuted but he is just saying…..please due process of the law MUST be followed. Waufya…..Ba VP besu niba Special lady…waufya, ba DPP ba Mu Zambia bama Nolle waufya……This one will go into History with a special mark.No doubt!

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  2. Its not a scandalous thing to happen in a failed state like Zambia. This absolutely normal under PF.

    In countries where democracy is advanced , any public officer in Nchito ‘s capacity who is accused of any serious offence is supposed to resign pending investigations and conclusion of the case.

    Ever seen a police man arresting himself? If so then expect Nchito to do the same!

    Whats happening is proof that, RB wants to extract a statement from Nchito, saying, he wrongly accused RB, so in future, RB ‘s case should never arise again.

    Had it not been that, Lungu would have just fired Nchito straight away and replace him with some one who will close the case.

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    • But iwe naiwe, where will Edgar get stamina to fire a Mutembo? He messed up already by letting Nguni attack Mutembo.

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    • @Wanzelu, I normally agree with your points but here wafaula. The issue here is that there are laid down procedures for how to remove the DPP. Newton N’guni is grabbing at straws in order to taint Mutembo’s name and create a basis for Edgar to constitute a tribunal. Mutembo was rigorously vetted by parliament before being appointed as DPP. All the charges regarding his pre-2011 behavior were discussed and no one preferred a case against him. The other post-2011 charges have to do with the DPP’s right to issue nolle prosequi’s. He can issue these without telling us the reasons. If everything had been done according to procedure, no one would be up in arms! By the way, the president has no power to fire the DPP – it is a protected office.

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    • Imwe ba Wanzelu balibe nzelu. You try by all means to scandalize Zambia and label it a failed state, but you still hold on to it. Why can’t you renounce your citizenship and forever you won’t be affected by what is happening in Zambia. If you think your HH will change Zambia are out for a rude shock. You are the reason Zambia is the way it is. Instead of work to make Zambia a better place you are working day and night to make it not develop just so you can make a point that this government is not working. UPND is counter productive to Zambia right now. All they are doing is slowing things down so that the masses can say, we need HH. A lot of you UPND chaps and those that sympathizing with UPND are not doing their work and hence sabotaging the nation.

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    • Infact I so this cmin,i even mentioned in 1 of my comments,I wud do the same aswell,who wud want ta go to jail anyway?

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  3. Nzelu at Law et la.

    Everyone is invited to apply for my law offices to explain to you all what a nolle prosequi is. By the year end us as Zambians shall know what law is. This is a very entertaining and excellent case. As it unfolds I shall turn my energies to developing Zambia.

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  4. Its a shame that such a thing is happening when we have a lawyer in state house, He should have seen this and stopped this no sense. I saw this coming Mutembo is more knowledgeable than our current president. Shame on PF and EL now our country is a laughing stoke.

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    • Bantu Botatwe
      Are you suggesting that Mutembo Nchito did not commit any of the offences stated? If he did, he does not deserve to be in that office and if he didnt, the courts will set him free and it may not even get to trial.
      Why then should Lungu get involved with this case? Isnt that interferring in the judiciary, by the executive and subsequesntly being a dictator?
      The Courts are not blind to trivial matters and would deal with them as part of due process.
      So leave Lungu out of this and let the Law take its course please!

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  5. “He says such an unprecedented judicial tragedy also calls for the immediate intervention of President Edgar Lungu.

    Mr. Changala states President Lungu needs to give guidance to the nation on this matter.”

    Do not drag the president into this mess, let Chief Justice Mambilima take flight and show her metle. That is all for now,

    Nzelu at law et la signing out.

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    • Iwe Permalink, some of your contributions are very retrogressive and the majority are very very good. Firstly leave out all you tribal remarks and contributions. Secondly, note that this Mutembo case will get nowhere if EL does not come in. You are dealing with a constitutional office holder who was proposed and went through the parliamentary processes, negative or positive, successfully passed. Mutembo is not refusing to be prosecuted but he is asking for the due process of the law to be followed. Mutembo said: No one is above or below the law. Everyone must be given the opportunity to be heard by following the constitution.

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  6. Circus is what it is!!! But who really can sue the DPP and who can enter nolle prosequi on his behalf if need arises? Why did a tribunal created if he errored? This represents an average mindset of Zambia.

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    • Consitution of Zambia

      Article 58. [Tenure of office of Director of Public Prosecutions]
      (3) If the President considers that the question of removing a person holding the office of Director
      of Public Prosecution from office ought to be investigated, then —
      (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other
      members, who hold or have held high judicial office;
      (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and
      advise the President whether the person holding the office of Director of Public Prosecutions
      ought to be removed from office under this Article for incompetence or inability or for MISBEHAVIOR.

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  7. They should not allow him to leave the country grab passport from him he is likely to run away the guy is buying time he knows the law is not on his side. Please put OP on him 24/7.

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    • IN YOUR DREAMS WHY SHOULD HE RUN AWAY FOR WHAT ,HES A ZAMBIAN PROPER.
      PLEASE THIS IS RBS TRICKS AND LUNGU PERIOD ALL BECAUSE OF BEING SO SELFISH RB .
      WE DONT WANT RB IN PF AND SHOULD TAKE AWAY HIS BAGGAGE OF KAINGU,MWALE AND MWANAKATWE

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    • Like I said, be consistent Permalink!! Mutembo is not refusing to be prosecuted but Article 58 of the constitution of Zambia( Like you have nicely put it my man) is very clear about what to do. One minute Mutembo is ok and the next minute you are saying he is going to run away! On what basis???? What is you problem my man…….Have you really understood the issue at hard or you just want to write something as Permalink………? I am disappointed. Are the allegations on Mutembo true?? We are not sure until the investigations are done and then a Tribunal is set. Please, please, no shooting in the dark for now.

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  8. Changala is a fööl .. The person (nguni) bringing in charges against the DPP is a criminal. Where was he when those charges leveled against the DPP were happening?? For example before he was installed as DPP he (Nguni) would have objected to Nchito’s taking that top job. 2011

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    • well spoken just because the DEC arrested you now you have to revenge Ba changala. you are all interested parties changala you have no rights to speak on Nchito. Nchito has shown you that you don’t think properly by doing that coz he can not allow his Juniors to prosecute him, he is the boss of all the prosecutors in Zambia

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  9. WELL WELL WELL LET ME TALK NOW ON THIS .

    BREAKING NEWS FIRST!!!!
    VIVA KALABA VIVA DAVIES MWILA
    ABASH THE HIJACKER RB AND THE AUCTIONEER LUNGU EDGAR

    IT ALL STARTED WHEN RB WAS STOPPED FROM CONTESTING THE JUST ENDED PRESIDENTIAL ELECTION IN FAVOR OF NEVERS AS THEY KNEW EASTERN PROVINCE WILL BE SPLIT HENCE LUNGU LOSING.
    LUNGU AND CAMP APPROACHED RB FOR SUPPORT AND SENSING THAT LUNGU WAS A VERY WEAK SOLDIER TO MANIPULATE TEAM RB JUMPED ON TO THE IDEA WITH THE HELP OF SAKWIBA SIKOTA AND HENRY BANDA THAT ITS A WEAK PARTY AND RB WILL BE CALLING SHOTS AND DOING DIRTY DEALS.
    ON THE AGENDA WAS TO HAVE HIS CASE DISMISSED AND NCHITO AS A DPP STANDS AS AT NOW IN THE WAY.
    BRIBED FOOLISH NGUNI .AS AT NOW RB IS PF PRESIDENT AND LUNGU JUST FOLLOWS AND HES AWARE OF ALL THIS .

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  10. continuation OF THE hijacker RUPIAH BANDA AND THE auctioneer LUNGU
    THIS WAS PLAN A TO HAVE MUTEMBO NCHITO OUT.
    2016 RB STANDING WITH HIS PIPO HE HAS BROUGHT ON BOARD SUPPORTING .WHATEVER VODKA SAYS IS TOTAL NONSENSE THAT HE IS THE ONE RULING ,HES NOT. RB IS SENDING KA VODKA LUNGU EVERYWHERE MEANWHILE ITS RB ARRANGING FOR EVERYTHING .
    guys lets continue with tata Sataz legacy than have this rat of RB destroying PF ,Lungu has gone all against worships RB like don’t know .

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  11. The principals of natural justice are basically three and in this case we pick one which states that NO MAN CAN BE A JUDGE IN HIS OWN CAUSE. Implying that one must allow the cases proceed due to conflict of interest

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    • Nchito did NOT pass judgement in his favor. “Diplomat” (lol), refresh your English and then read Art. 58(2) of the Constitution.

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  12. Theres MULUSA that foolish broke man from South Africa as well in this DPP Nchitos case .all this is RB and Lunguz conspiracy .
    Nguni and Mulusa were paid monies and this Changala too.
    PF open your eyes wide open lets trash this RB and Lungu please e are fed up.
    WHAT HAS KAINGU ,MWANAKATWE ,KAFWAYA AND VINCENT MWALE DONE AT THE EXPENSE OF MPS WHO HAVE BEEN THERE THRU AND THRU.
    LETS SHOW THEM BEFORE RB DESTROYS PF PLEASE AND HIS SON HENRY .
    LUNGU IS A WEAK SOLDIER AND A SNAKE .
    LETS FIND SOMEONE TO TAKE US AND CONTINUE ON PF NOT HIJACKERS.

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  13. WE ARE EXTREMELY DISAPPPOINTED BY DPP MONOUVRE TO DISCHARGE HIMSELF FROM FACING COURT PROCEEDINGS. THIS IS THE WORST ORDER OF ABUSE OF OFFICE.
    THE ACTION IS AN ADMISSION THAT HE IS GUILT OF THE OFFENCE AND ONLY WAY TO SAVE HIMSELF IS TO ENTER NOLLE PROSEQUI.

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    • If you understand the law and the surrounding of the cases and what is happening in the politics of Zambia, one wonders where Mr Nguni was since 2011 when the alleged abuse of powers were committed. Why did Mr. Nguni fail to report to ACC? Now what has changed that he should report? I think he should also be prosecuted for not reporting such crimes.

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    • Nigerians should be very worried indeed! They are about to lose their title as the most corrupt people in Africa! They must be looking over their shoulders with trepidation! Here comes Zambia! Watch out Naiga’

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    • Read you fool and dont just vomit your ignorance, swallow the provisions of the constitution before your vomit your ignorance of the law. Ifipuba niwe elo nefyo fine ifilefwaya short cut to remove the DPP even when the law is clear in black and white.

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    • RB WE KNOW YOUR PLANS THROUGH SAKWIBA SIKOTA,MAKEBI ZULU,MWEEMBA AND LUNGU A DOORMAT JUST BLINKING RB CALLING SHOTS .
      TWAKANA RB NA LUNGU SENDA TUBANTU TOBE TU MWALE NE ULE LYOBE MWANAKATWE AND CI KAINGU

      BANE BONSE LETS RALLY BEHIND KALABA,LUO,MWILA,SAMPA,KAMBWILI AND THE RIGHT HONOURABLE MPS FROM PF NOT THE BAGGAGE THAT HAS LANDED IN PF BA MAIKALANGE ,SAKALANYONGO,PUMBAFU OF RB,MULUSA,DORA AND MUHABI TWAKANA TWAKANA
      VIVA PRESIDENT KALABA
      LUAPULA,MUCHINGA AND NORTHERN LETS SHOW THESE EASTERNERS THAT WE CANT BE DRIBBLED BY LUNGU

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    • In short can you bring a general to ajudicated by a surgent .Its not posible the entire DDP to judged by a Lower court Judge.What an insult to Mutembo.Ba Lungu mule ibwelamo.

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  14. I’m not fully convinced that the DPP can be prosecuted in office. The scandalous part therefores lies in the attempt to arrest and prosecute the chief prosecutor.

    It all sends a signal of confusion within the executive system. These people ought to learn professionality. Before trying to challenging your bosses, make sure you have the facts or else you only end up embarrassing yourselves and the whole nation as is the case now.

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    • Is the constitution so flawed or the Ng’uni lawyers so dull that they could not see this coming? Ati anapita pa ZIALE, yaba malabishi! And please leave Edgar Lungu out of this!

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    • @ If UPND loses I will resign-Garry Nkombo

      Unfortunately, contrary to your wish, the President is mandated by the Constitution to take action on this matter. His refusal to get involved raises few unpalatable questions.
      Please, read Art. 58 of the current Constitution and hopefully you will understand why.

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    • @ 15.1 Shakolokombangoshe, yu are a liar and a destroyer. I can see that yu are not even a PF. Yu are a Bantustan who would like to create a situation whereby Easterners and Northerners, Lupulans etc hate each other by creating such lies and pretending to be a Bemba. Stop sowing seeds of hatred it won’t win you the presidency.

      Leave Bembas alone and just concentrate on the subject at hand yu moron

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  15. Its generally agreed that there is something wrong with our DPP. But I want to agree with him here. Why are the accusations not given to some one who can investigate. If a case is established then he is properly charged. That way then he will be asked to resign or the president will set up a tribunal.
    Why is N’guni in hurry. Mutembo is probably taking advantage of the hurriedly assembled prosecution.

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    • Nguni is not in a hurry but just a messenger because of a few pieces of silver……Shame. Yaba, poverty is not nice!

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  16. Its generally agreed that there is something wrong with our DPP. But I want to agree with him here. Why are the accusations not given to some one who can investigate. If a case is established then he is properly charged. That way then he will be asked to resign or the president will set up a tribunal. He is told to maintain his constituitional powers & then plead as a criminal charged. Sounds absurd.
    Why is N’guni in hurry. Mutembo is probably taking advantage of the hurriedly assembled prosecution.

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    • Ati Wanzelu, alibe nzelu ni chipuba chabe, a pepertually bitter vuvuzela paid to blog for Unproductive Party Now Defunct(UPND), and by the way @ Wanzelu some of us stopped reading your trash online ZWD, so,please, please I ‘bego’, don’t let that gutter journalism follow us on Lusaka Times. Stash that stuff up yours!

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  17. The whole PF is a joke. Mutembo can do all he likes. After all this is what they did themselves. They entered into a consent judgment without Miles Sampa

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    • But what has this got to do with the PF? I thought this was a constitutional flaw olo ubukopo bwama lawyers ba Ng’uni?

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    • @ ati chani iwe?

      Suffering acute attack of dementia?

      Just trying to think who appointed Nchito?
      Was it RB or HH or Sata?

      And who is current President?
      Chipimo Jr. or RB or EL?

      Why are you commenting on something well above of your capability to understand?

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  18. The guy just went to court to buy time technically but time will still catch up with him as no one is infallible. he can run but will not run for good. The defence he has used is an academic one and so cant stand for long.

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    • Nevertheless, “technicality” (as you describe) will force President to do his Constitutional duty instead of hiding.
      But then, why His Excellency is avoiding to “get involved”? Something to do with his previous tenure of the Ministry of Justice? Or….?

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  19. Mutembo it’s coming at you mwana , osa lump alumna baba, you are now on the other side , I told you to slow down but you that I was jealousy, DPP Mukelabai did not die in vain, he back to haunt you boi. Kosa sana

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  20. Umulandu inga wapiti playa, nobe kupita palya pene. Mutembo is playing out a fitting satire here. If you want to play the st.up.id, he will play it better by using the very law you are pretending to use. He is in the 21st Century while his persecutors are in the 18th. You cannot catch him without a serious, dirtier fight… Smarts? You will not get him.

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  21. What nchito has done is …..ask a stupid question and you get a stupid answer . Nguni should have let the police take up the case. Otherwise it will bring anarchy as anybody can just accuse and the magistrate starts the case as if it is a civil one

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    • Yaba…….ba magistrate nabena………these are criminal cases. First step, the case is investigated by the police and theb the matter is brought to court if there is sufficient evidence to support the case….. What is going on so far is just like any civil case…..ok, I would like to divorce my wife and then the magistrate makes a ruling. Criminal cases are supposed to be investigated and there after brought to the courts of law

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  22. THIS CASE WILL DRAG ON AND ON UNTIL A GOVERNMENT WHICH RESPECTS THE RULE OF LAW COMES IN. AND MUTEMBO WILL HAVE THE LAST LAUGH. HE MAY EVEN BE GUILTY. BUT USING SHORTCUTS DOTED WITH VENGENCE WILL NOT DO. WHO SAYS HE IS GUILTY? ITS NOT JUST A MATTER OF MAKING WILD CLAIMS AGAINST AN INNOCENT MAN.

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  23. This is what happens when the judicial process is abused. firstly, those charges should not have appeared before any court because of the ‘immunity’ of the DPP’s constitutional office. These charges were dismissed by the high court so technically Mutembo is still the DPP and the person authorised to issue a nolle prosequi. I wonder why a subordinate court went against the high court decision. No wonder people are suspecting that this saga is politically motivated by the PF and the RB clique. It smells. All they have to do if they have genuine accusations is to follow the procedure and ask for a tribunal to be constituted. What is happening now is very childish. On one hand Ng’uni is in court and Changala is petitioning the president. Why are they falling over each other. silly indeed.

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    • Now law firms are jumping onto the band wagon to prosecute Nchito. Some just want recognition as the law firm which brought down a DPP? Tipange zina! Stand on firm ground. The Justice system is a laugh. Why not follow laid down procedures and everything flows. If Nchito is guilty it will come out in the wash. But you lawyers Mulundika manzi and whatever you try to wash out in public comes out dirtier. Guys behave like learned people. Some of you just want money. Nimwe bamusela kwakaba! You change goal posts and in the end it will be an own goal.

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  24. Michael Sata allowed Lombe Chibesakunda to act as Chief Justice for 3 years without parliament ratification. Why were all quiet at least Nchito’s appointment was passed by parley

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  25. Firstly, I don’t care what happens to Mutembo. Hang him by his fricking b#*ls for all I care. But you guys are just such a hypocritical bunch. Who wouldn’t do what he’s done? This whole thing is all about procedure. Regardless of which side you’re inclined. Procedure, procedure, that’s all. 1. Complainant report case to police. 2. On recommendation from police, the President sets up a commission of inquiry to investigate allegations. 3. If DPP is sufficiently found wanting the commission would recommend his removal to the President, and only then can the police arrest him and DPP signs a charge sheet. ( a NORMAL DPP would’ve resigned by then anyway). 4. The President can then relieve the DPP of his duties. If government unreasonably can’t follow this, don’t expect the DPP to be…

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    • It is naive of you to applaude what is happening to Mutembo Nchito. There are clearly laid down procedures in dealing with constitutional officers. Today PF will unconstitutionaly remove a constitutional officer who may not be liked. Tomorrow it will be a Judge and maybe the Chief Justice. After that who says what they will do to ordinary Zambians.
      There is a reason why some offices, like that of the DPP have security of tenure.
      Zambians, stand up for your constitution, do not let your hate of one man blind you…..before you know, the police can pick you up based on rumors or disenting political views….

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  26. What a tragedy that Nchito has been advised by the cartel to take actions that make him a surrogate president; making himself immune from prosecution. If President Lungu chooses to blink in this moment, the cartel will win.

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  27. @30.1 chulu – You are right. If Mutembo Nchito has not commited any of these things let him GIVE THE ZAMBIANS A CHANCE TO KNOW BY ALLOWING THE COURT OPERATE FREELY. Other wise Edgar Lungu should simply set up a tribunal and save Zambia from further foolishness. It would be a pity if Mutembo has left Zambia as suggested above.

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  28. It has been a long agonising experience to live in a country where white-collar criminals and plunders of national resources can terrorise the Zambian nation. Nchito has been the brain behind the schemes to harass the Late President Chiluba and former President R. Banda in the Courts of Law.

    However, time is now ripe for the Ministry of Justice to clean up its living rooms and backyard to restore the integrity of the judicial system in Zambia. The Minister of Justice must plug up some courage to recommend that Mutembo Nchito be suspended as DPP so as to allow him to defend charges slapped on him as an ordinary person.

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    • Nchito was vetted by paliament so if the new government wants to remove him, they should follow due process and remove him through defined and transpparent ways instead of hiring a lumpen called Newton Nguni. Those calling for Nchito’s suspension or stepping aside are also missing the plot here. The Zambian state HAS not laid any charges at Nchito’s door. Mr Newton Nguni, in his private capacity has sued Nchito. Public officers can not just step aside every time any Tom Dick and Harry sues them. Only when the police have investigated and issued a warrant for one’s arrest should a public official recuse themselves.

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    • Chiluba was CONVICTED by the court of law and he died as a convicted person.
      RB has lost his immunity from prosecution by the vote in Parliament and it may be subject to further prosecution(s).
      You are forgetting one small detail, until one month ago, who was Minister of Justice?

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  29. Nomba ba nchito bene ifiko,its no wonder this is happenin to him,cn sum1 tell him that ther r no lions at the barbershop

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  30. In zambia justice can not be done but only be abused by the coridos of power!!!!! Now that mutembo has entered into a nolle prosequi,who is going to complain? Foolish old Rupiah Banda’s offences were overlooked by the president,now you wan him to intervene into this political motivated issue.Let this man be!!!! unless the president also prosecute RB
    lungu is just dull you he cant reason

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  31. On a serious note the quickest way to resolve this matter for the good of both for the accuser and the accused and for ourselves as interested citizens is via a tribunal.
    But Mumembe will not be amused with a quick solution:
    1. He loses his sales of the Past news
    2. It brings forward his own cases or those in which he is closely linked e.g. DBZ K14bn plus interest
    3. It will open a can of worms for all other cases that we may not have heard about
    4. It will show that the cartel is not invincible after all but thrives on patronage
    5. Cartel will never be able to bxxxxmail the likes of ABC and other innocent citizens.
    6. That will be the end of the Memembe empire and its sphere of influence as we know it today.

    But ba cartel are just too cheeky, they were warned that they will be…

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  32. @33.1 Concerned Zambian: FOR THE GOOD OF ALL CONCERNED NCHITO SHOULD ALLOW THE COURTS HANDLE THE CASE. THAT WAY WE WILL KNOW WHO IS WRONG. The way its we all just speculating. The ZWD claims RB is behind while other sources say otherwise. If Nchito continues to be mischivious, the government should simply set up a tribunal to probe him just as he did to his predeccessor.

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    • Please stop making references to the ZWD, that trash online media sponsored by, you know who, with a biased agenda!

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  33. Mr. Mutembo is being mischievous, this is not about RB. In the first instant he was supposed to avail himself to ask if the president was willing to continue to work with him. The president needs to work with the team he is comfortable with, we do not need a genius to tell us here that the DPP is in the other camp which was not exactly in support of EL. The principle is DPP is the chief prosecutor who does his JOB in the name of the president. He is not the arbitrator as the public protector in SA. He is an unnecessary destruction. Secondly as the man who was at the helm of a bankrupt company he had no business trying to hold a senior position. In the market economy ethics demand that you clear all the creditors and cleanse yourself for the people to again have faith in you

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  34. Why can’t you debate this matter on its own merits and leave out Edgar and RB? At the rate you guys are going, next when your wife divorces you for your promiscuity you will claim that it was planned by Edgar and RB at Mfuwe! Clearly this chap Mutembo has many issues to answer for, starting from the false declaration in parliament to the entering of questionable nolles. And yesterday he just demonstrated to all doubting Thomases that he has no qualms entering nolles in matters of personal interest.

    The cases are being brought out now because during Sata’s era nobody dared. Which in itself shows that citizens feel relatively more free now than before in the last three years. What is happening is exercise of citizens’ freedom on matters which nobody has disputed so far and need…

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  35. Bravo Mutembo. I salute you. Procedure is what civilisation hinges on. Hired guns like Ng’uni are just embarrassments to humanity.
    Don’t let them mess you up. The fight against corruption has surely massed a lot of corrupt crooks ready to eat you alive.
    To PF and Lungu, fraternising with ‘Shreck’ RB may easily cost you coming elections.
    Its a pity that chaps from the east are usually let downs. Careful or we get back the leadership from this appalling experiment.

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  36. I agree case is brought now because the dictator SATA is dead. People have are free and is why this case has come up. Problem was that SATA was focused to ensure RB is caged so his removal of immunity is justified.
    Mmembe and Mutembo are in a business of making money hence can came up with tramp up charges on their perceived enemies especially those who have made them lose Plot1. The aim is take this person to court and proving him guilty takes long but in the process the accused loses respect in the eyes of the public while the make money out of legal fees. This is the case about RB.
    RB became enemy when he beat Magande
    Chiluba became sworn enemy when he beat Arther Wina
    Corruption fight is just a vehicle not the aim but the means to punish those who have made them lose in the past

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  37. It is because the dictator SATA is dead that people feel are free and is why this case has come up. Problem was that SATA was blindly focused to ensure RB is caged so that the removal of RB’s immunity can be justified.
    Mmembe and Mutembo are in a business of making money hence can came up with tramp up charges against perceived enemies especially those who have made them lose Plot1. The aim is take this person to court knowing proving guilty takes long but in the process the accused loses respect in the eyes of the public while they make money out of legal fees. This is the case about RB.
    RB became enemy when he beat Magande
    Chiluba became sworn enemy when he beat Arther Wina
    Corruption fight is just a vehicle and not the aim but the means to punish those who have made them lose…

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  38. Nigerians should be very worried indeed! They are about to lose their title as the most corrupt people in Africa! They must be looking over their shoulders with trepidation! Here comes Zambia! Watch out Navigation!!!

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  39. Why has Mmembe chosen to defend Mutembo in the newspaper.
    When Mukelabai Mukelebai was accused of having a secret meeting with Xavier Chungu, did the police investigate the matter. LPM was inticed to suspend the DPP on lying. Mmembe Mutembo is just playing monkey tricks probably with your night school law advice
    Time is simply up with your criminal jokes

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  40. I love this move by Sir Mutembo Nchito. Students of law and junior lawyers like Mweemba take interest in this case. It is a very interesting matter even the judge appears not to know what to do.

    EL you have taken a very dangerous route with RB by the end of 2015 you will be tone apart my friend.

    Go GO GO Sir Mutembo Nchito we want to study law. This is how you make law. I want this case to go up to supreme court so that we can learn a lot of things.

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  41. Kavuyi
    U see u already thinking of the matter reaching supreme court. Why
    This is simple and straight forward case. Theft and fraud.
    We know how Mmembe and Kabimba have been manipulating the judicairy in placing their friends to defeat course of justice involving their clones like Mutembo. But worry about diminishing time.

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    • Please Jl, stop making illiterate comments. As you are apparently able to type, try also to read Art. 58 of the Constitution.

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  42. I am trying to understand why people are criticizing Mutembo Nchito for his move to place his case under Nolle Prosequi After all, he had been sued as Mutembo Nchito (while acting as DPP) and not as DPP and so he has the rights to perform his duties as DPP.

    Why must his action be criticized when the cause action was and is also wrong before the law. Negative plus negative equals positive. Their actions have cancelled themselves.

    This is a reminder that ONLY superiors to an employee can take action and not a junior. Only the President can initiate such a proceeding (or someone at par). Nguni, in this case is a non-entity. A chancer. A Fisherman. Any action by him IS futile and will only make him bankrupt.

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    • Whilst I agree with you, I am at loss why ZP has not picked Mr. Nguni.
      After all, he has admitted in his affidavit that he was for three years in a possession of information related to criminal offence and yet, he kept that information secret and thus prevented investigation in to criminal offence.

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  43. All those condemning WOULD do the same if the tables were turned because those are the perks of a DPP. He was only exercising his right and duty. Whether morally or not.

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  44. PF CIRCUS OVER DPP ARREST.

    ITS APITY THAT PF WANTED TO REMOVE THE DPP FROM THE OFFICE THROUGH THE WINDOW. SHAME ON YOU PF.
    THIS ACTION WILL NOW WORK AGAINST YOU. THE BEST PROCEDURE IF PF WANTS TO CAGE NCHITO MUTEMBE IS FOR PRESIDENT EDGAR CHAMBWA TO FOLLOW THE PROCEDURE OR ELSE THIS CIRCUS WILL GO ON UNTIL NEXT ELCTIONS AS MUTEMBO NCHITO WILL MAKE USE OF THIS CIRCUS TO HIS BEST ADVANTAGE. IN THE FIRST INSTANCE WHEN SAGE PEOPLE ADVISED PF THAT MUTEMBO NCHITO DOES NOT HAVE THE MERITS TO BE APPOINTED AS DPP. PF GOVERNMENT DID NOT LISTEN. NOW THAT THE ORIGINAL PF IS NO LONGER THERE. THEN SOME PEOPLE WANT TO TAKE ACTION OF THE REMOVAL OF THE DPP THROUGH THE WINDOW. THINGS DONT WORK LIKE THAT. MUTEMBO NCHITO CAN EASILY ANSWER THOSE ALLEGED CHARGES WHEN HIS E.L MAKES THE RIGHTIFUL PROCEDURE

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