Friday, March 29, 2024

Zambian Voice expresses shock over Nchito’s nolle Prosequi

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Mutembo leaves court
Mutembo leaves court

The Zambian Voice have expressed shock over the decision by the Director of Public Prosecutions (DPP) Mutembo Nchito to enter a Nolle Prosequi in the matter he is facing alleged criminal charges.

Zambian Voice Executive Director Chilufya Tayali says in a statement released to ZANIS today said that the Nolle Prosequi is not there for the purpose of frustrating the due process of law but to make sure justice is done.

Mr Tayali said judicial process must be followed in the country if justice is to be maintained among the citizen.

He said that if any of the processes or procedures is omitted or overlooked, this constitutes persecution and not prosecution.

The Zambian Voice Executive Director said in the case involving Mr Nchito, there are more questions to be answered, especially that which relates to the constitution as to whether the due process of the law has been followed by Mr. N’guni and his lawyers.

He said the courts have a serious challenge when the constitutional law cross paths with common law such as where a DPP who has to enter a Nolle Prosequi if he thinks that the procedure has been faulted in respect to himself .

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.

Yesterday, Women in Law in Southern Africa (WILSA) supported Mr. Nchito’s decision to enter a Nollle Prosequi in the matter in he is facing alleged criminal charges.

WILSA Regional Coordinator Matrine Chulu said there is nothing wrong in Mr Nchito entering a Nolle Prosequi in his own case because he was merely responding accordingly to alleged charges laid against him.

She said the move by the DPP to use his powers in the matter in which he is involved is a way of defending himself further stating that he would have also done the same if he was representing another person.

Ms Chulu said Mr Nchito’s action is a landmark decision as he has set precedent.

60 COMMENTS

  1. much as it maybe a rare or surprising case,its only human that Nchito acts to protect himself,there was no way Nchito could prosecute himself,how,why?

    • There is nothing to be surprised about, Mutembo Nchito is currently the DDP & as such, he CAN’T prosecute himself. It’s a pity that people are failing to comprehend.
      The constitution is clear on what needs to followed, its tenets of procedure & legality. The rule of law must prevail.
      That N’guni man is naive & being used as a pinyin to fight political battles for the Chief Mambala et al. Whatever Nchito has done, the rule of law should be respected, so is the office of the DDP as whole.
      Why have a constitution if people don’t want to follow it? Democracy is very important, only if people respect it process & rules.
      No time for surprises, a tribunal can be instituted & the DDP can only be removed by Parliaments consent.
      The Skeleton Key
      ~206~

    • This is true @zamcab, actually he has shown that those who are persecuting him,they don’t know what there are doing. How can the DPP be prosecuted by his juniors? How can he authorize his own case to be prosecuted in courts? its like signing your own death sentence. WELL DONE DPP NCHITO you are ahead of them

    • These overzealous ldiots – RB, Ng’uni, and of course, Vodgar – have completely spoiled clean and straight-forward cases again Mutembo. The K14Bn (un-rebased) is now gone since these cases can not be resurrected following the nolle prosequi. They should have first set up a tribunal at which, if found wanting, he would be removed whereby he would also lose security of tenure. When we form government these three will be prosecuted for wasting such a good, clean, straightforward case.

  2. What were you expecting? Your country’s constitution is still full of pot holes and you come out getting f00lishly surprised. You need to fix the constitution first and then all established institutions will be rooted in solid foundation. There will not be this Cho-Chise kind of leadership. Africa never ceases to amaze me! No priorities are set and yet you expect perfect leadership in all areas.

  3. Then we call Mr.Lungu a lawyer who can cause these problems? Remember when we had mwawasa? Zambia reduved to this level in the name of tribalism and regionalism

    • Was it not Mwanawasa who appointed RB Vice President and brought all this trouble on us. Pipo talk about legacy, legacy, RB is LPM’s legacy: what a disaster! What a misjudgement. RB always a crook, a mambala!

  4. CONTRARY TO MATRINE’S SUPPORT OF THE NOLLE,PROSE QUI FOR HIMSELF THE ACTION IS AN ADMISSION THAT HE IS GUILT AND DOES NOT WANT THAT TO CONTINUE AS IT WILL AFFECT HIS JOB AS THE DPP.
    THIS IS TANTAMOUNT TO BESTOWING HIMSELF UMMUNITY. NO DOUBT ITS AN ABUSE OF OFFIECE.

    • It seems you don’t comprehend much. You are one-track minded. Mutembo is trying to bring N’guni and his handlers to stick to legal procedure. If N’guni was allowed to blatantly disregard procedure by Edgar, why do you think Mutembo will simply lie down and be steamrolled? Mutembo is within his rights to hammer these dull chaps with an unexpected move. Your dull president is only good at threatening people with violence. He can’t think strategically. Useless!

  5. This is an assort on the due process of the law. Something fishy with WILSA. THE BEAUTY OF LAW IS THAT IT IS NOT READ IN ISOLATION but along with other pieces of legislation. Where there is abuse the law evoked can not stand. Mutembo appear to have lost some stake in himself. Looks frail and weak. He certainly must have it on his mind that he is like holding on to a straw. We are yet to hear what next with the courts.

  6. Am surprised tha some people applauding Nchitos stupidity as heroics. Suppose he murders your relative and enters this stupid nolle are you going to applaud? Let the proccess commence. Let Nchito declare interest so that the courts dont experience this madness again.

    • Your example is *****ic to say the least. N’guni’s complaint is full of allegations! No one has investigated them and there is no evidence that any one of the charges is true. Friend, if you don’t understand anything, please shut up! If there was evidence against Nchito, the president would have the right to constitute a tribunal and fire the guy. The fact that Edgar cannot do this right now is proof that he and his minion N’guni are fishing for umulandu! So, your juvenile outburst is really just irritating us. Understand the problem before you start barking…useless man!

    • Nchitos “stupidity” or your ignorance of the law.
      Firstly, if there is “criminal offence”committed, you should inform competent Authority (Zambian Police) which will investigate. You do not file case in the Magistrate or any other Court without consent of DPP.
      Unfortunately, that is the law.
      Secondly, if you know that criminal offence has been committed or there are plans to commit criminal offence and you do not inform Police, you may be arrested and prosecuted as accomplice to that offence.
      Lastly, before blabbing and passing *****ic comments, read Art. 58 of the Constitution. You may learn thing or two.

    • EVEN WHE HE MURDERS SOMEONE, YOU ARE NOT TO TAKE THE LAW IN YOUR HANDS. FOLLOW THE PROCEDURE FOR PROSECUTING THE DPP. TWO WRONGS CANNOT MAKE A RIGHT.

  7. This man is above the law.

    He owes the country millions, ZDA etc. and yet he obtained a high officers postition.

    Ms Chulu should not support his actions. The point in all this is that this man generally does not do justice to the Post he holds. He must be above reproach. If a tribunal is the way to go. It should be instigated. He must be removed from the post. Its just untoward to have him perform that role.

    • Ba Patriot, please learn to differentiate issues. That ZDA loan was contracted by Zambian Airways and not personally by Mutembo or Mmembe. So you cannot go after them until a court of law removes the corporate veil of Zambian Airways. Besides the guy is simply saying that he should be afforded the due process of the law! Why is it that PF and their supporters are averse to following laid down procedures?

  8. Nchito was not supposed to be taken to court with the full constitutional power he possesses if the laid down procedure had been followed by the complainant… After foolishly shortcutting things, they are now meeting the proper law from the one they consider lawless!

  9. GOD IN HIS WISDOM STATED THAT THERE WAS NOTHING THAT IS HIDDEN UNDER THE SUN WILL REMAIN HIDDEN, ALL WILL BE EXPOSED FOR EVERYONE TO SEE. WHAT WE ARE SEEING NOW IS WHAT HAS BEEN HAPPENING ALL ALONG UNDER THE CARPETS. LUNGU HAS A BORNE TO CHEW WITH MUTEMBO, IT IS THE MORE REASON THE ARTONEY GENERAL WAS DISMISSED EARLY BECAUSE IT NEVER CALLED FOR PARLIAMENT FOR APPROVAL, BUT FOR MUTEMBO IT IS A DIFFERENT BALL GAME ALTOGETHER. We have always said that the Presidents of this republic have more powers, not because of constitution provisions but shear abuse of their office. If mutembo resigns all this will be quiet, the cause is mainly RB who demands so.

  10. The confusion is being caused by RB to avoid being prosecuted by Mutembo Nchito. People should understand what is at stake here. Nguni has been paid by RB to cause all this mess with the blessing of E Lungu. Mr Lungu being an incompetent lawyer doesnt see anything wrong with the circus. This is a typical case where lungu has failed to uphold the constitution he swore to protect.

  11. mutembo is smart and inteligent lawyer he was just wathcing what was hapening knowing very well that i will free my self wapya munzi mutembo 1 rb lungu 0.

  12. Mr. Tayali, why are you shocked?
    Where you been hibernating from 2011?
    Do you remember “animal” constitution?
    Appointment of ACJ? Tribunal to investigate Chief Justice? Commission of inquiry in to operation of ZRA?

    Please, go back and snooze instead of pretending that your opinion is relevant.

    • I strongly agree with you my Bro/Sis. He is used to free money. Today he cannot even pretend that he PF and seeking for Govt funding. I hope ECL has good divisors to ignore such yapping. The guy is slowly exposing his stupidity. He is busy eating his own belly like an insect not knowing very well he gonna have no sac for food containment tomorrow.

  13. That was the deal between PF- Lungu and RB. I support your campaign you stop my prosecution. We Zambians are so dull that even straight forward things we do not what to see.

    What has been planned is to confuse this DPP so that he does not concentrate on the prosecution of RB, and then its squanched off the courts and RB is set free. its the confussion which PF has caused itself.

    Look at success rate of conviction of corruption cases, Mutembo is the best this country has ever produced, political corruption.

    RB has made it very clear through his Lauyers that he is behind all this. RB you may dribble man but not God. Your days are number, you cannot still from the poor and get away with it. Ask Chiluba when you meet him.

  14. We may blog all we want but my opinion is that there’s more to it than it meets the eye. firstly this must be of RB’s doing through EL, off course do you expect EL to accept that he is behind everything? I agree with Aleshaday its ignorance of the law Mutembo simply followed the law. That is what happens when you negotiate with the devil EL will pay a heavy price (after acknowledging he is a man of his word). Lets wait & see.

  15. There is only one thing strange thing i have observed on so Tayali. The boy is really on job search because he keeps on commenting on issues he is 5% enlightened. Of late he really behaves like a pig on heat let term his buccal cavity before completely finishes his so called Zambian voice. You cannot be everywhere seeking sympathy we know hunger pokes you pants down but learn to do it slowly

  16. There is one strange thing i have observed on so called Tayali. The boy is really on job search because he keeps on commenting on issues he is 5% enlightened. Of late he really behaves like a pig on heat let him term his buccal cavity before completely finishes his so called Zambian voice. You cannot be everywhere seeking sympathy we know hunger pokes you pants down but learn to do it slowly

  17. Congratulation Mutembo Nchito. No wonder you are the only lawyer in this country so brave to prosecute the most powerful former heads of states.

    Not the now judge Muchenga who was cowed by RB to release Chiluba. You are such an intelligent fellow. We need guys like you who can only take on the most powerful otherwise this country will be free for all for crooks like RB.

    You debt with DBZ has been blown out of proportions by the poverty stricken Nguni. If there are people with evidence they can apply to lift the veil of incorporation but they need sufficient evidence to warrant that. Anyway EL has indicated that he doesn’t need a second term since he will retire with a full pension.

  18. WHICH ZAMBIAN POLITICIAN HAVE YOU EVER SEEN PROSECUTED AND FOUND GUILTY OF EMBEZZLING PUBLIC MONEY OR CORRUPTLY OBTAINING PROPERTY OR CORRUPTLY CARRYING OUT DUTY? NO ONE, NOT IN ZAMBIA. ALL THESE THIEVES INCLUDING THE CURRENT PF GOVERNMENT ARE PERCEIVED CLEAN, WHEN IN ACTUAL FACT THESE ARE LOOTERS AND VERY SERIOUS CRIMINALS WHO HAVE BEEN MANDATED TO GOVERN OUR COUNTRY. THESE THIEVES ARE BAD!

    • I agree apart from Richard Sakala and a few other nonentities none of the looters has been convicted. All cases take unnecessarily long until they die down.

  19. The trouble and source of anarchy is when those in higher positions start abusing their status using ‘KANGAROO COURTS’. Tayali must do soul searching and go back to 2011 when Mutembo was appointed. Where was Lungu, Kambwili, Chama and the rest of PF MPs? They voted for Mutembo to become DPP overwhelmingly. So what has changed now for Lungu to allow this to happen? There is no way Nguni can do this without Ruphia and the acknowledge ment of Lungu. Lungu is a thief who swindled his client money as a lawyer. The lawyers presenting Bwalya who is close to Lungu did the same. Mutembo is smart as others have aerlier indicated, He remains DPP and the laws allows him to do so. Out smart the criminals. Lungu is illly advised as such he will be a 18 months president. Under estimate Rainbow party.

  20. Make crime pay. Become a lawyer- Will Rogers

    I urge you to study law. A man who never graduated from school might steel from a freight car. But a man who graduated as a lawyer might steal the whole railroad – Theodore Roosevelt.

    A lawyer will do anything to win a case. Sometimes, he will even tell the truth – Patrick Murray

    Lawyers believe a man is innocent until proven broke – Robin Hall

  21. TRUTH –
    Don’t you not know that the following politician were prosecuted by DPP and found guilty or with a case to answer stage or are you asking that question out of ignorance?

    (1) Katele Kalumba – on appeal

    (2) Chiluba at least was found with a case to answer but helped by RB to secure his freedom

    (3) Austin Liato – now on appeal

    (4) Richard Sakala saved his sentence.

    (5) Moses Muteteka – still saving

    And you expect to free move on the Zambian street and expect these guys to smile at you?

  22. @8.1 Angel I wont return your insult but be mindful that you are not the only one who thinks on this site. Dont you know that even murnder is a mere allegation until proved so? If this Nchito is your uncle too bad aleingila. We shall explore all avenues to nail him on this one. I know what am talking about.

    • Deja Vu, I regret the insult and ask for your forgiveness. However, my analysis stands. If the charges are brought through the proper channels, and a conviction is obtained, no one can question that. Even Mutembo would accept it as he has indicated. The problem is that you guys are cheering the committing of a wrong! N’guni cannot be allowed to treat our legal procedures with contempt. In fact the magistrate and the judge who accepted the case must be sanctioned. If you break procedure for one person then you will have to break procedure for all! This would make our procedures of none effect. Deja Vu, are we a nation of laws or anarchy? That is what is at stake here, not Mutembo or N’guni, or indeed Edgar.

  23. Angel – I like your analysis of things and I agree with you.

    It is not just a matter if nailing people but following procedures. Even Lupiya Band procedures were followed and investigation instituted and Luypiya was provided with a charge sheet.

  24. It is not easy to be a head of state. If EL ever thinks it an easy job to be president, then he should think again. HH should take note too. Being president is a lonely job. RB and KK can attest to this. As president one has to take positions which are difficulty. You cannot be friends with everyone .Being president although it is a populist contest, it is a very lonely job. A president needs to make unpopular decisions at times. People are waiting to see how EL is going to handle this issue of the DPP. He cannot continue burying his head in the ground and think or say someone else will need to solve this problem. Zambians did not choose him to be head of state to pass the buck. It is too early to start showing weaknesses. People used to say ‘Ifintu ni lungu’. We want to see movement on…

  25. Pray for your enemies, give water to those that persecute you. I am asking President Lungu to include ZWD in his prayers always. For they may not know who they are harming or disadvantaging. Mr Himambo at least I know you know what God asks of you because you a his creation and a Christian . God Loves you my brother.

  26. It is now clear why Newton Ng’uni is doing what he is doing, has hired himself out to harass, humiliate and if possible, remove Mutembo Nchito from his position as Director of Public Prosecutions.

    It is also clear why Keith Mweemba is so determined to have Mutembo removed from the position of Director of Public Prosecutions and if possible, nailed to the cross.

    As for Makebi Zulu, he is Rupiah Banda’s lawyer. And Rupiah is being prosecuted for corruption by Mutembo as Director of Public Prosecutions. For some time now, Makebi has been trying very hard, on behalf of Rupiah, to get Mutembo away from the prosecution of his client. And this seems to be an opportunity for him to do so and he has jumped at it without respite.

    Newton is said to be a cousin of Lewis Mosho, who is being…

  27. The problem in Zambia is the Law Association of Zambia, LAZ.
    This useless body does not provide the much needed professional unbiased counsel to the country hence lawyers behave like Jim and Jacks of all interpretation simply quacks if not criminals hiding under the veil of learned men and women.
    The transfer of power from Guy Scott is one among several issues where LAZ has failed to provide counsel to the nation. Chief Mumena of the Kaonde people was alarmed at various and dividing interpretations of laws by Lawyers.
    We now have the DPP Mutembo;s case. Again lawyers are divided. Is Law becoming economics a subject of statistical opportunism.
    In Zambia simple cases take years to conclude WHY. Is this what ZILALE is churning out to the nation. GOD save us of this choking incompetence

  28. PRESIDENT EL SHOULD BE VERY CAREFUL WITH THE WAY HE HANDLES THE CASE OF MUTEMBO NCHITO. EL ONLY MANAGED A VERY MARGINAL VICTORY OVER HH. THIS CASE CAN MAKE EL AND THE PF VERY UNPOPULAR. THE ALLERGED OFFENCES THAT MR NGUNI HAS BROUGHT AGAINST MUTEMBO ARE AT THE MOMENT MERE SPECULATIONS AND SUSPICIONS. THERE IS NO PROOF AND EVIDENCE THAT SUCH WRONGS WERE COMMITTED. LET THE PROPERLY CONSTITUTED OFFICES INVESTIGATE THE ALLEGATIONS AND TELL US THE TRUTH. THERE IS NO NEED TO GO TO CHONGWE SECRETLY. LET EVERYTHING BE DONE IN THE OPEN. IF THE LAW SAYS TAKE THESE ALLEGATIONS TO THE POLICE, LETS DO THAT.

    I SUSPECT THE JUDGE WIL FIRST OF ALL THROW AWAY MUTEMBOS NOLLE, BUT AT THE SAME TIME HE WILL THROW AWAY NGUNIS ALLEGATIONS AND DIRECT HIM TO COMPLAIN THROUGH THE RIGHT CHANNEL.

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