There was drama this morning in the Lusaka Magistrate Court when embattled Director of Prosecutions Mutembo Nchito entered a nolle prosequi in the case in which he faces nine charges of criminal offences.
Mr Nchito who was initially represented by his brother Nchima as lead defence counsel told rthe court that he has entered a nolle prosequi in all the nine charges because of insufficient evidence to prosecute.
He explained that the charges against him should not stand because they are all politically motivated.
Mr Nchito said he is aware that his political enemies want to abuse the court system to fight him.
At this stage, Magistrate Mwale adjourned the proceedings to March 02 2015 to allow him time to investigate Mr Nchito’s application.
Magistrate Mwale who was clearly surprised by the turn out events announced in court that this was the first time he is hearing of a DPP entering a nolle in his own matter.
He said he needs time to adequately research on the application before making a ruling.
The matter against Mr Nchito was brought to the Lusaka Magistrate Court by private citizen Newton Nguni? after the initial court action in a Chongwe subordinate court were quashed.
Learned lawyers, please enlighten us what this potentially entails.
Some of us this is not our field and we would like to learn as we can not wait for 02/03/15
Thanks
Meaning, he does not think he should be prosecuted I think.
Either there is weak or nonsensical allegations I think to that effect, this is from my PhD studies
I cant define it exactly, but I am on the right track I know
Thanks
BB2014
Good on him, the rules have been rigged so why subject yourself to such politically motivated nonsense? If Lungu is not going to respect & wants to fight the office of the DPP, he has another thing coming. This is not about either Lungu or Nchito, it is about due process and this is our land, Zambia is our patch and we will enforce the rules whether the Devil, Jesus and or anything in between likes it or not.
Only a f00l would not do what Nchito has done.
Where in the world have seen a police officer arresting himself?
Zambian justice is nothing but a big joke!
So Mutembo has managed to dribble them yet again?Knowing Mutembo’s character, Magistrate Mwale should have come fully prepared with research and all that. Expect Mutembo to do the same again because he has been doing this for quite sometime.Very good comedy this. Any lawyers on the forum, please educate us.
Kekekekeke “Nolle prosequi” should be name of Mutembo, its unbelievable that he could prosecute himself. He should appoint me. Mutembo learn to delegate.
BREAKING NEWS !!!!!!!!!!!!!!
HATS OFF TO KALABA HARRY AND MWILA DAVIES GUYS DONT BE INTIMIDATED BY KA LUNGU WITH HIS STUPID UTTERANCES WE NEED TO BRING OUR PARTY BACK WHERE IT WAS .
ABASH TO RB RB RB ,HENRY BANDA AND LUNGU AND CHIEF MPEZENI WE DONT WANT THEM TO TAKE OVER PF THE WAY THEY HAVE DESTROYED MMD .
RB IS SO SELFISH WE SAY NO NONO
PF CADRES LETS RISE AND GET RID OF RB PLEASE AND LUNGU .
THEY ARE PLACING THEMSELVES FOR 2016 .
PLEASE PLEASE LETS GET RB OUT OF PF .
MPS AND DEPUTY MINISTERS LETS CHUCK
KAINGU,MWANAKATWE ,MWALE ,MONDE,SIAMUNENE,KAFWAYA,CHINGHIMBU,NJEULU,LIMATA WE DONT WANT THEM PLEASE WE HAVE OUR OWN MPS .
ABASH ABASH RB,LUNGU AND YOUR MINIONS
The state had a case against Newton Nguni. It appears that the state doesn’t have enough evidence against him. If they continue, the defender may win the case. A nolle prose allow the state to see if they can get enough evidence and bring the case back. Right now, Newton has no case against him. Now the question is why it took Mutembo to be accused for him to enter the nolle???? Either Newton was a victim or Mutembo is under pressure. Or Mutembo is just as dirty.
@Mushota,
What are those PhD studies?
This is drama at its best. DPP a civil servant has political enemies, really? Zed is a beautiful country and wonders shall never end in our land. The man is saving face.
@ Chanda you are right what is a nolle? some of us deal with development related terminologies of which nolle does not exisit.
“insufficient evidence?” or “politically motivated?”, which is which?
@Nostradamus
kkekekekekeke,,, lets discuss this `nolle prosequi` over a drink this weekend but our Friend Field Ruwe is not answering in phone,,, he has entered a nolle prosequi on his phone also
Nolle prosequi:
is legal term of art and a Latin legal phrase meaning “be unwilling to pursue”,[2] a phrase amounting to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered.[3] It contrasts with an involuntary dismissal.
Nolle prosequi as a declaration is most often used in criminal cases, but in jurisdictions making use of nolle prosequi in civil lawsuits, is used by a plaintiff to voluntarily drop its claims. In civil cases, a motion for voluntary dismissal may be made by a plaintiff instead of a declaration of nolle prosequi, depending upon the custom and rules of a given jurisdiction. From wikipedia
Only in a failed State can you read such rubbish.
Means:
a formal notice of abandonment by a plaintiff or prosecutor of all or part of a suit.
(in the UK) it’s the dismissal or termination of legal proceedings by the Attorney General.
But he has done so on his own..interesting. Since he the the director of public prosecution. He has used his office to enter a nolle pros qui
Nchito may be fighting the process, but i can assure him no one is above the law. Chief prosecutors in USA called District Attorneys get charged for corruption all the time.
If you are a professional and not a coward , you can re-accuse yourself and face prosecution and be proved innocent. This is just cowardly, i can assure him in the end government with its unlimited resources will finish you.
Hope they too will start using their heads. Nchito is not a good for nothing lawyer.
Hasn’t he just committed another offence there? Methinks he should have declared interest and recused himself. Okay, that just my two cents worth.
…This is a proper definition of dramatic turn of events.kikikiki
Or in short ‘CHECKMATE’
Judge Jury and Executioner? That is from fiction in James Hardely Chase.
Albeit so true. DPP of any country is the only one mandated to prosecute publicly, i.e. on behalf of the state. DPP has absolute powers in deciding either to prosecute or not.
its the way the cookie crumbles
The very bedrock of our governance system, a constitutional-cum-presidential democracy, is seperation of powers and of course the due process of the law tied to teh rule of law.
One of the cardinal tenets of our system is framed in the Latin maxim – nemo iudex in sua causa. It means that NO man must or should be allowed to be a judge in his own case. This is without exception, I submit.
Whatever merits Mutembo, might have, the very act of and in the hasty manner he has entered the nolle is proof positive that he has ABUSED his position ie. used the office of DPP to serve his own benefit. This is a crime.
Mutembo, it is my humble view, has abrogated the oath of his office and spat on the Constitution.
Or in short ‘CHECKMATE’
@ Misango yaba Chaimani
“Judge Jury and Executioner?”
Unfortunately, that is not from fiction. This is shameful stark reality of how justice and dispensation of justice in Zambia are constantly evolving backwards due to Constitutional illegibility constantly perpetuated by all governments to date!!!
.
what is the practice?. educate us our learned colleagues!!
Sorry Nato, but I think the Learned Colleagues have been taken by surprise on this one! They are all back in the library at the moment!!!!
Yaaah,may be the “private citizen” needs to seek other avenues that will remove the powers of prosecution from the DPP! It is like a judge presiding on a matter in which they are an interested party or worse still where they are defendants. May be the private citizen should petitioning the powers that be to constitute a tribunal -if at all that option exists for the office of the DPP! Otherwise it will be a circus.
Only the cartel can turn our court into a circus, but again he is right and has powers to do so. Interesting development. This will go all the way to supreme court, if not dismised.
The Mistake was made by parliament to rubber stamp his appointment despite concerns raised by the oppostion. So this is a case of the chickens have come home to roost. I hope PF learns a lesson here. You can’t perpertuate illegality and expect a system to work well. Nchito shoudn’t have been a DPP in the first place and this is the result when you corrupt your institutions & Systems.
Anyway, there are only two ways to remove a DPP and the only valid option now is the tribunal. The courts should dispense this case and free the hands of the president to appoint a tribunal
Mutembo is right with the Nolle. Constitutionally he is still the DPP. The magistrate is going to study how the Nolle works and who is the DPP in Zambia at the moment.oooooohhh shame!!!!!!. Mutembo is intelligent……I like this move!!!
Nchito will start doing his job when his case is dismissed. RB he is coming for you.
@JK, there is a difference between cunning and intelligent.
@words
My thoughts exactly. These guys went to war carrying a bow and arrow when the enemy carried a rifle. Newton and crew have been given a lot of homework to do. Lets wait and see how this unfolds. Either way, the law must take its course.
@MMD Chief Bootlicker – I think he has just committed another offence. He’s supposed to declare interest and recuse himself. I suppose this very public display will be added to the charges.
Only in Zed can such things happen. lol
Hahahahahahaha, very funny indeed so he can murder as DPP and then entre a nolle against himself.
And you are spot on; right there!!
Can Mutembo be trusted to prosecute his friend Membe, the very fear that RB has been objecting too but which Mutembo bulldozed citing constitutional provisions. Does anyone anymore need to know the malafide intent of Mutembo.
I think this is the last we are seeing of Mutembo as DPP and I demand it be so. This is a sacred office. Mutembo has not stood on the high moral ground.
Those of you who are my learned colleagues will recall the price (of his life) Socrates submitted himself in defence of the law. He was hung. And his disciple, Aristotle had to flee Athen to avoid ‘another sin against the law’.
This is a black day for the legal profession.
Mutembo temunobe zoona lol
Ok but on a serious note this is getting way too ridiculous. This drama has got to come to and end soon if we are to re-gain any semblance of respect as a country and the judiciary in particular. Maybe he should do the right thing and relinquish his position so that he can face the ‘weak’ charges as a neutral person not DPP.
No, no, no, no…..he is still the DPP. The President has to come in and set a tribunal to sort out this mess. Otherwise, Good one from Mutembo. He understands his job description and no one has removed him from his position yet. Teach them Mutembo how to apply the law correctly. Mwadabwa guys!!!
Why should he be the one to give up his position when these “weak” charges were brought against him in an unprocedural manner? If Edgar had wanted so much to remove Mutembo from the DPP’s office, he could have told Newton to take the complaint to the police so that they build a solid case. As it is, this is called fishing! Mutembo does not have to simply lay down and be steamrolled by dull lawyers like Edgar. I hope Mutembo continues to frustrate Edgar’s every move. Mutembo should even hit RB harder so that they cry mawee!
But JK, that’s what they want – Mutembo to leave the DPP Office so they can have the freedom and ease to do sacrilege to the law and justice!
In such circumstances, a true patriot and honourable person would find it difficult to just give up and resign.
You play a pawn and you opponet moves a knight.so the court next move will be a bishop and nchito will move a queen.thats how a game of chess is played.unheard of moves but all legal and our judges will continue to be shocked.
It is clear that we have a DPP who is much superior than these magistrates from Chongwe. Magistrates, you are really embarrassing yourselves…..shame on you. This is a dead case and people are just wasting time until EL realises that the plan is not working. What works your excellency is:
1. Let RB face the law accordingly
2. Set up a tribunal and there after you can replace the DPP with a weak soul that will give freedom to RB
Your excellency, you have been caught up in the web. The challenge is that there is very little time between this Mutembo case and the 2016 general elections. This case will drag on forever.
When you come to think of it, most of these judges are Mutembo’s ‘students’ when it comes to the fundamentals of the legal profession. The Makebi & Co. are apprentices. Hate him or like him, Mutembo is a big league player and the Makebi team is sharpening its claws of his back? What insolence! Careful oooh!
Muntembo is a proper lawyer………The guys are shooting in the dark. Mutembo is a constitutional officer. He really understands his office very well. He is supposed to prosecute and then these small lawyers think they can beat him to his own game. They are now laughing at what has happened and laughing at themselves. The president has to bring sanity to this matter. EL is realising now that he sold the presidency to RB and those that financed the 20th January, 2014 for him. Nice one Mutembo………give them more shocks so that they can study the law nicely. Ten kwa Zero……hahahahahahahahahahah…….kikikikikikikikiest.
Here we have to separate the two. DPP and Mutembo are two different persons. Here the DPP has entered a nolle Prosecui in the case where Mutembo Nchito has been brought to court facing criminal charges. Period. A very good precedence has been set, I love Zambia.
Guys, this is why we Love Zambia….. anything can happen….. Im sure most of us are smiling when reading this article….
What we now need to apply company law and pierce the corporate veil. While we agree that only the office of the DPP has the power to prosecute on behalf of the state, we need also to go deeper and open this protection. First we need to ask ourselves:
1) Is the DPP same as the person brought before the courts of law?
2) if Q1 is affirmative them. Then is the office bearer hiding his criminality behind the office? Its is possible that criminals will use this office to perform criminal activities. For the law to apply the learned Judges need to look beyound written statutes and set a key presidence
3) if Q2 is affirmative, the DPP can appoint someone to prosecute on his behalf. In short since the office and person holding it are distinct, delegation can be done so that prosecution can be…
So what will stop the DPP Mutembo Nchito from entering nolles for his friends if he can in such a groteque manner ‘acquit’ himself and thereby bestow on himself the singular priviledge enjoyed by the Republican President – immunity from prosecution?
Mutembo Nchito has crossed the rubicon of decorum befitting an office holder of DPP. He must quit!!
Anyone who was old enough to remember the Kambarange case which hounded out the then Chief Justice Silungwe? This is worst form of ethically deformed behaviour. We cannot have this stand (stare decisis, almost) in our jurisprudence, albeit the matter is before an inferior court.
@Salamat, that you mention jurisprudence, both Mutembo and the brother Nchima repeated the course in fourth year taught by Prof Shimba. Now that may say something about the two brothers understanding of the Philosophy of Law
You remind me of the Jim Kelly movie where he had split personality or Dr jackal and Mr hide>:
@12.5, Big Gun:
Are you aware that genius Einstein flunked Maths at one time?
Self administered Nolle…Unainvelapo iwe lol?
@ Mfumu, Mutembo is telling them that follow the constitution and have me removed legally.Set up a tribunal bwana and the findings will give you your desired or balanced position. At the moment he is the only person who can prosecute on behalf of government. take it or leave it!!! So what do you expect him to.??? He is still the DPP. Have you removed him from the position?
Cheers @JK. The departures from the norm in this case is very intriguing. The mere departures from a know trajectory makes one wonder what exactly is at stake. All using legality to undermine justice. No wonder Bob Marley once sang, ” these universities, graduating thieves and murderers.”
If there is insufficient evidence, why not just clear yourself instead of hiding behind some whatever whatever. Umulandu taubola.
He is not stupid, baba.
This is a smart move to wake up our casualized judicial system!
This is indeed very interesting mwe. Even Magistrate Mwale was clearly surprised ka? Ndelolesha fye….!
The problem with this highly protected profession in Zambia is that,even the Lawyers themselves do not understand their profession too well. Today at margistrate court…someone has not stolen BLUE.. tomorrow at high court…they say infact he did not steal BLUE but LIGHT BLUE…the third day at Supreme court…they say actually it was NAVY BLUE!!!GO BACK TO MARGISTRATE COURT. DEPUTY MINISTERS are not part of cabinet but when Cabinet is dissolved they are also dissolved…HOW COME?
That’s a good observation
All that says that you need to be specific in your allegations, because you could be accusing an innocent person.
Take Regina Chiluba’s case. She was accused of “receiving stolen items.” The details of the case did not contain a complaint by he from whom those items were stolen.
Liato’s K2.1B case dropped my jaw to the floor. How does that kind of money get stole (withdrawn from any bank) without leaving a trace? Who was it stolen from?
The details of the matter of course do not get to our ears, but speculation and conjecture. We end end up getting fed on half baked sensationalized stories by the tabloids who lean one way or another.
“Magistrate Mwale who was clearly surprised by the turn out events announced in court that this was the first time he is hearing of a DPP entering a nolle in his own matter”. Mr Mwale, this entails that u still need to go back to school and beef yoself up. How can u get surprised as magistrate? If u were surprised by this turn of events, wat more a person on the street?
This guy Knows his greek as far as the law is concern! what most Zambians fail to grasp is the office DPP is asymmetrically different to a physical person(corpus) which unfortunately is vested in the same and single person of Mutembo Nchito. The DPP office is totally another institution vested in Mutembo Nchinto(OFFICE) versus a a person Mutembo chinto(person): two offices in a single person! the DPP office(Mutembo Nchito) gives instruction to a lawyer to enter nolle prosequi against Mutembo Nchito(person) et voila and it is Legal!
@Kamalondo
This is not to be celebrated as genius of law but a crook using an office to thwart the course of justice. The law has been literally raped just like a baby minder who ends up raping/brutalising the baby (remember the Ugandan nanny).
Seperation of person from office is the reason why jurists on the bench recuse themselves, when they have a personal interest in the matter before their court.
Would you accept tha judge whose wife has committed murder, presides over the case and acquits her?!
Would you accept the President whose child had shot/killed your husband pardoning him despite having these powers?
The use of power for own beneift is abuse of office.
No matter what tricks he is going to bring in, the bunkum must just face the consequences of his ill doing as DPP. No wonder the nolle prosequile he was entering were always questionable. Please Mr President convene a tribunal to remove this burger from office so that he is properly tried with his stupid ally fred meembe. No one is above the law.
That will amount to a Malicious prosecution with severe consequences to Zambia prestige in the legal world fraternity !
@ Kamalondo
” …Zambia prestige in the legal world fraternity…????????????
After more than three and half years of daily open and constant abuse of the four corners of Justice, what prestige you are talking about?
“
A man who can do such a thing clearly has no problem with abusing his authority. Mutembo Nchito must answer for allegations and must defend himself against such tainting portrayals. He is playing very bad ball and clearly this act of defiance will not go unnoticed.
Mutembo is a very intelligent lawyer who understands law better than newton NGUNI.Stop victimising him because his boss Sata is no more,this is not good at all.
1. Lungu is a drunkard!
2. Lungu is a muslim!
Guys, do those two even go together? Please sober up! Muslims don’t drink! Liars always forget to be CONSISTENT!
If moslems dont drink, how can Lungu be a muslem?
Stop beng naive and face reality. All religions have drunkards, murderes, thieves etc.
Muslims drinki iweee! Ukamba caaaani? Have you lived with muslims? They do the things everybody else does.
Classic case of masturbation. Self satisfying.
Excellent Mutembo, let these bastards know what you are made of!
This is the folly of it all. Mr Nguni should have investigated the implications of his prosecution. He should have sought other ways to seek redress, not through a channel that was flawed from the outset. The abuse of process is not turning our court system look completely *****ic. This should have been stopped from the very beginning by the Chongwe magistrate who seemed clueless. Mutembo has to be fired in order to be prosecuted. But then on what basis do you fire him? Based on the emotional and vindictive whims of a frustrated former minister? RB has to reign in these semi literate amateurs at law.
Lawyers, followed by bankers, are the world’s worst underground criminal gangs on this planet…
The learned Vs the Weak [chipantepante]
I am not a lawyer but what I know is that the DPP can only enter a nolle in a case his office is prosecuting. This case is to be prosecuted by a private citizen, Ng’uni. The same happened with RB when he initiated prosecution of membe. The DPP had to apply to court to take over which was resisted by RB. I may be wrong,
The question is, In whose interest is the private citizen prosecuting? If it is in private interest yes. The water gets muddied up a bit when it is on behalf of the people. DPP is the authority when it is in the state’s interest.
Any criminal matter is under public prosecution my frend,whetha initiated by a provite citizen or not,and mutembo is tha 1 incharge of all public prosecutions.
Trying to use his office from facing the consequences of his actions is not helping Mutembo Nchinto.
Why not let the court dismiss the charges against him due to insufficient evidence?
That way he would have cleared his name. Now a shadow of suspicion hovers over him and that does not augur well for a person of his stature in society.
The president who has been put under so much pressure by some selfish, well known characters since January 20 has messed himself up by initiating this problem. There is no way the president can wash his hands off this circus, the buck stops with him. This will make him very uncomfortable as it drags on. As a lawyer he should have known better. Already one can tell from some of his recent public statements that he is having sleepless nights.
In polite language….”He has soiled on himself.”
Who is fooling who?
Let us wait and see how far Mutembo Nchito will run away from these criminal charges. The president is just waiting for his time to struck.
A nolle does not entail the end of a matter a person can be rearrested even when a nolle has been entered…notwithstanding he abused his power to enter a nolle as this is a power he as DDP can use in other matters not his own, the latin maxim will apply to him let the case law flood the courts on what can and cannot be done….
@Musonda
Someone commented above to say Mutembo Nchito the person and Mutembo Nchito the DPP or office bearer are two different things so he as DPP can enter a nolle prosequi on behalf of Mutembo the person. Kindly elaborate on the latin maxim you are referring to. Is there a hidden loophole here in ‘plain sight’? Someone with the knowledge please help us understand.
Mutembo at the moment is the ONLY one that can prosecute on behalf of government. What did you expect him to do???? To prosecute himself. The policeman to arrest himself? Think bra. They are shooting in the dark. I never thought we hard such intelligent lawyers pa Zed……The guy just thought through them and asked Nchima to step aside and very well entered a Nolle……Good oooooneeeeeeee.
Thats the spirit of LIBS for LADS.My former schoolmate, show them what us former Libala boys pupils are made off.The spirit of Mrs.Gondwe, Mr.Abrahams,Mr.Hamusankwa and many others continue to shine in all sheres of our lives.Show them boy that they are dull.Why not follow the procedure of setting up a tribunal.
As a fellow schoolmate of yours and an intake mate and friend of Mutembo Nchito (Libs class of ’86), I am actually disappointed in your senseless contribution. Mutembo and I are Christians and we are should live up to that name and not those of former teachers – most of them now long dead.
He is the dullest lawyer, he has never won a case.
Who has never won a case, Mutembo? Oh please!
Sata even in his tour to heaven if he was saved has left us with a conundrum of legal awakening. Never before have Zambians or South Africans known the law as now, when injunctions of political conventions, and death by sublimation in the case of pretorious the South African Olympian; have we all become magistrates. I am filing an injunction against my fellow LT commenters for their constant bickering.
Signed NZELU at LAW Et La.
This is all part of Sata’s legacy.
Uyu mbuli should just resign so that we have a straight forward cases until he’s proved innocent or guilty
The law is clear on who is the DPP at the moment. Mutembo is still the Director of Public Prosecution(DPP) and he is the only one at the moment who can prosecute on behalf of government. At Law, Mutembo is Superior while RB and his baffons are still swimming at the deeper end for their survival.You would like Mutembo to resign on what ground? The DPP has found out that there are grounds to continue the case…..that is a Nolle for you! One step backwards so that you strength the case and then come back to counue
@@JK, it is on behalf of the state or the people, NOT the government.
Mutembo Nchito is playing with the law.He knows for sure that he cannot enter in a nolle prosequi in his own capacity.
This is serious arrogance on the part of this guy. Am sure this will be added to the number of cases against him. It has eroded even the little respect I had for him.
As a fellow schoolmate of yours and an intake mate and friend of Mutembo Nchito (Libs class of ’86), I am actually disappointed in your senseless contribution. Mutembo and I are Christians and we should live up to that name and not those of former teachers – most of them now long dead.
How many still want dual citizenship lol….
Do not encourage them, hahahahaha. They not know it yet that criminals would thrive hahahahaha.
I do. What has duo citizenship got to do with anything?
See the ignorance of Zambians in the diaspora is that Zambia is a relatively bad place. What you all don’t want to accept is the fact that the countries you now live in did not fall from heaven, they were constructed brick by brick. For hundreds of yeas they had to go throught the same kind of crap we are experiencing. You are only seeing the “sausage” and not the “sausage making process.”
It is your turn to make Zambia what you want it to be. If you don’t do it, no one else will. And guess what? You will be laughed at because of the mess you have failed to clean up.
to me this gives nguni firm ground that his accusations are true, the DPP cud have abused the office in entering nolles in other cases. enewe, lawyers muzashushana mweka…
These are the lawyers produced in Zambia. No integrity or moral standing whatsoever. If the charges are flimsy and he is as competent as he thinks he is, he would defend himself and clear his name. Total abuse of power from the highest office. This is a shame really. What are all the lawyers saying in Zambia? Say something to protect your profession, otherwise you are all just the same. President of NAREP please say something as your party is founded on integrity.
Now arriving at a position at which a layman, such as myself, would safely say that this issue has now reached the sad stage at which people have resorted to engaging in pure trickery!
What is all the excitement about this for people supporting him.
This man is morally bankrupt. A senior officer in a Legal position should have a clean record in his/her personal life. This man has a great debt to the nation he serves!!
Clever as his retort to the law suit is, he is NOT fit to be in that position and the state can remove him for his unpaid debt to the country he serves.
Who does this man think he is? No one is above the law and the first thing he should have done is resign his position. That’s what would have happened to an equal in Western civilised countries. Zambia is hopeless, politicians and the citizens they serve. This is stinky.
Question should be, how could this man pass the scrutiny for appointment as DPP? Questions were raised about his integrity, or lack thereof, but he was still cleared to be DPP. You get what you ask for. We, as a nation, asked for this and we have to live with it, at least until ours laws find a way of dealing with this scandal!!!!
The debt is not a personal/private debt. It is a corporate debt. There is a bold line between him and the corporation he owned.
This is another lesson Zambians need to understand.
I don`t think that it is for the accused person to rule on a case that he cannot be prosecuted due what he perceives to be inadequate evidence.
Suppose his son murdered his friend, will Mutembo Nchito personally prosecute his son or will declare interest and delegate the case to another prosecutor?
Mutembo Nchito much as he is a different person from the office of the DPP, it is clear conflict of interest to use his office to defend himself.
Conflict of interest once ignored leads to abuse.Its now clear that he is abusing his office to get himself personal benefits and that is why he should be prosecuted.The court`s job in the matter is very easy and that is not to sustain the Noelle on account of conflict of interest.
Lets bring this thing to an end. Let him face the law.
‘Magistrate Mwale who was clearly surprised by the turn out events announced in court that this was the first time he is hearing of a DPP entering a nolle in his own matter.’
This one is a classic. I can’t stop laughing. When I stated right here on this forum that Mutembo is sly, people condemned me. The tribunal could be the only way to corner this guy. Even then, he will display some shocking taekwondo. He will pull all the stops, he definitely doesn’t want to go to jail and I doubt that he will.
Good luck Newton and next time, the magistrate should know that he is dealing with Mutembo and should come prepared!
Please I wish the learned lawyers of the likes of winter kabimba,sakwiba sikota,Jack mwiimbu,Ellias Chipimo Jr etc explain what this term nolle prosequil is all about in simple terms.
mhmhmhmhmh.. i never expected this ridicule, just like judge mwale am at a loss..
Muntembo is a genius and all law academicians must jeer this rascal. by the way this is setting precedence for future dues in courts..
@25 danielle, those are exactly my thoughts too brother.
This DPP has jumped the gun and forgot to first apply to take over the case of Nguni vs Mutembo. These are signs of instability common in people who have been caught napping. In other words, common traits of someone who has something to hide and wants to delay a case.
I say delay because if and once Nguni withdraws the case from court, HE Edgar Lungu has on his desk an application for a tribunal from a concerned citizen. Voila!
Mutembo and the cartel can only delay the inevitable. The chickens have come home to roost.
DO NOT BE CHEATED. MUTEMBO KNOWS THAT HE HAS TO LEAVE THE OFFICE OF DPP. HE UNDERSTANDS THAT RB HAS GANGED UP WITH EL TO REMOVE HIM FROM THAT OFFICE. HE KNOWS THAT THIS CAN EVEN HAPPEN VIA THE BULLET AT THE RATE THINGS ARE MOVING. BUT HE DOES NOT WANT TO LEAVE WITH SO MANY LIES SAID ABOUT HIM. HE WANTS TO LEAVE A CLEAN SHEET. NGUNI SHOULD JUST FOLLOW THE RIGHT PROCEDURE. REQUEST THE POLICE TO INVESTIGATE AND THE PRESIDENT TO SET UP A TRIBUNAL. MOST LIKELY EL WILL CHOOSE THE JUDGES THAT MUST MAKE SURE MUTEMBO IS FOUND GUILTY. A LOT OF UNANSWERED QUESTIONS ARE STILL HANGING. WHY DID NGUNI WAIT FOR SATA TO DIE BEFORE BRINGING FORWARD HIS COMPLAITS? WHY DIDNT THE POLICE ARREST MUTEMBO BEFORE SATA DIED? WHY IS NGUNI IN SUCH A HARRY AS TO SKIP THE PROVISIONS OF THE LAW?
He’s not serious!
There is nothing that Mutembo has done apart from making the country now to take interest in the case. This is arrogance and insult to the law and office of the DPP.
Mutembo knows that there is a difference between He himself and the office. It is not the office at question but he as an individual. Therefore what he is saying is that he is not answerable to anyone in the land even if he steals or kills a person.
This is what integrity calls. Mutembo’s standing is at question. He is twisting the issue to look political. This is not a political case but criminal. The burden of proof of wrong doing is with Mr Nguni who he should argue against while the magistrate will be the referee. Simple
The position he has taken is silly and ill advised.
Let’s see how you who claim to know better are going to handle the case. He has made his move. Now it is your turn. Hahahaha
DONT BE DULL. IT IS THE CONSTITUTION THAT HAS PRESCRIBED HOW A DPP CAN BE PROSECUTED. YOU DONT JUST RISE UP WITH FLIMSY ALLEGATIONS TO SEND EVERY DPP PARKING. THE CHARGES AGAINST A SITTING DPP MUST BE BROUGHT IN A PARTICULAR WAY. THIS IS WHERE NGUNI FAILED. MUTEMBO HAS NOT REFUSED TO BE PROSECUTED. HE IS SAYING PLEASE CAN YOU PROSECUTE ME USING THE APPROPRIATE PROCEDURE. THE PROCEDURE IS, COMPLAIN TO THE POLICE, LET THE POLICE INVESTIGATE AND IF THEY ARE SATISFIED THAT THERE IS A CASE , LET THEM RECOMMEND TO THE PRESIDENT TO SET UP A TRIBUNAL WHICH WILL EITHER FIND THE DPP GUILTY OR INNOCENT UPON WHICH HE CAN BE DISMISSED.
cHARGE NO 12….ABUSE OF AUTHORITY BY ENTERING SELF NOLLE lol…MUNTEMBO NI GUY!
YOU SEE, NEVERS TRIED TO WARN ECL THAT ALABI WILL PUT HIM IN PROBLEMS. THIS PRESSURE ISS COMING FROM ALANI AND MUHABI LUNGU.
In a situation when an Officer of the Judicial system is dragged to the Courts of Law on obvious alleged offences in contravention of the Laws of Zambia, this is an occasion when such an Officer requires to be SUSPENDEDD from his duties in order to offset the open abuse and insult on the laws of this country.
This is a clear demonstration that the so-called CARTEL, feel they can break the laws of Zambia with impunity. This is the biggest insult ever lashed out at the Zambians.
I would like to see our tax-payers’ K14 billion paid back to our national financial institution – the Development Bank of Zambia.
The Crook must be SUSPENDED/FIRED.
Ba Mwale clearly beaten by the bull this is not a street issue study further to catch up.
You can only read such nonsense in a failed State.
This iddiot should stop being funny and must just prove his innocennce
mutembo has shown that he is guilty ,many zambians have now realised that these guys are hard core criminals,
our innocent judges like judge nigel mutuna, judge kajimanga, and judge musanda suffered, at the hands of this criminal DPP.
This guy is a criminal mafia together with his friend Fred stupid mmembe, for a long time they survived througth their known tricks to mislead presidents.
look at his behaviour today
is this the legacy people say president lungu should keep for mr sata, no no no.
logic fails me to grasp the wisdom of this criminal, he has spoiled his life by this criminal behaviour.
the problem is the late president mr sata who was stuborn on advice,this criminal could have not be near consideration for this office.
I told my friends that this case was going no where because a police cant arrest himself, a judge cant judge himself. I think Nguni is dull together with the one using him. First they should remove Mutembo Nchito and then prosecute him. Are there no wise and learned people in the camp of RB and Lungu? Its really comedy of the year.
Peace and Prosperity to Mother Zambia.
You got that right. There is a process to the prosecution of the top prosecutor.
Dismiss the legal team behind this shame. Political vendeta poorly planned. Another comedy of errors
Dismiss the legal team behind this shame. Political vendeta poorly planned. Another comedy of errors.
From views read on this forum from many of our learned colleagues this will be a KALEYA MATEYO story it has serious constitutional issues which can not be ignored. Nchito’s fate can only be decided through a tribunal. EVEN THEN BE ASSURED OF A LONG VOLUMINOUS BATTLE
The colonialist denied the native technical education and gave them legal education instead. They used legal means to unseat colonialism side by side with liberation armed struggle. Now, we have a scenario where old school political manipulation is being confronted by new age Knowldege and enlightenment. Mutembo knows all the tools of his office and has brought them to bear at his disposal. Be careful how far down the road you are when you begin a fight.
Mutembo is just telling the powers that be that, ‘first thing first’. Its time these PF leaders respected the constitution. Remember they started calling RB to court before they lifted his immunity. This is political masturbating of the worst kind. Shame .
Double standards in applying principles and laws should be avoided .
Corpse Work lied on oath in court today that he had not seen the charge sheet then within minutes produces a signed pre written holler. How did he draft the hole before hand without seeing the charge sheet? Interesting. He maybe charged for this. Lying under oath.
This abuse of office and power of the highest order. People usually throw these words ‘abuse of office’ anyhow without really understanding what it means because often it is muddied and the accusations usually come after the fact. But this is an example of what it means right here.
Mutembo cannot be both once he’s in that dock as an accused. I bet our poorly written constitution of laws don’t even address this discrepancy. However, even morally this is wrong. Yes the DPP’s office still functions but he ceases to represent the office once he’s an accused standing in the dock. He’s a suspect and an accused standing trial and he cannot prosecute himself and try himself as his own judge.
All I can say is this is precedence setting case and we’ll probably need to draw…
…we will probably need to draw parallels from another Commonwealth country to find a legal solution to the issue.
But legality should even be the issue here. What we lack in Zambia with regard to these public and constitutional offices is MORALITY. In other civilised societies a public official usually resigns on their own immediately their suitability to serve (such as in this case) is brought into question. How can the public and his colleagues and subordinates respect him even if he got away with this.
It’s high time we demanded and attached morality to these constitutional offices if we’re to move forward as a country.
am personally surprised that people would even call Nchinto smart or clever. what he has done is equally abuse of the power of his office. he is digging himself deeper into bigger problems. its as much to say a judge who is accused of rape or murder sitting and judging and finding himself not guilty. and you f00lishly call him a very smart clever judge. what nonsense is that. either on moral or ethical grounds he should have stepped aside or go on leave of absence from office to allow the judicial process freely find him not guilty or otherwise. I find it strange that the president is sitting on his arms too. he should not allow an academic process such as this to happen under his watch. this brings about a lot of speculations and conspiracy theories to thrive.
@marverick 60.1 in the DPPs shoes would you step aside when it is clear that its your enemies after your blood Knowing you are an obstruction to their selfish intentions or its payback time. DBZ loan Yes these guys need to pay back with all interests but let’s use legitimate legal channels otherwise we stand to loose more in time and otherwise. More so let RB pay back. No sacred cows
Its not over yet. People are not sleeping. This is just a battle, the major war is ahead. The English laws already covered this issue. I can foresee the lawyers for the complainant prevailing
We learned this abuse of justice from sata an his pf. He kept that muchingan woman as acting chief justice for 3 years even after parley refused to ratify her. Inonge wina and edgar lungu also molested our justice system with a dubious consent judgement. A failed state indeed.
We learned this abuse of justice from sata an his pf. He kept that muchingan woman as acting chief justice for 3 years even after parley refused to ratify her. Inonge wina and edgar lungu also molested our justice system with a dubious consent judgement. A failed state indeed…
That’s why he is the DPP. He has brains.
If u were in his shoes,wouldnt u do tha same? Who would lyk to go to jail anyway?
That is why he must vacate that office.
Lord deliver mutembo nchito. Whatever goes up must come down. I declare and decree in the name of Jesus, that mutembo nchito’s downfall is at hand.