Lusaka Magistrate Lameck Mwale is tomorrow the 2nd of March expected to make a ruling in a matter Director of Public Prosecutions (DPP) Mutembo Nchito entered a nolle prosequi in his own case.
Magistrate Mwale is expected to rule as to whether 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, can enter a nolle prosequi in his own case or not.
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When this matter came up for mention and taking of plea on Friday the 20th of February 2015, 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.
But 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 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.
Magistrate Mwale then adjourned the matter to tomorrow the 2nd March to enable him study what was been submitted before making ruling.
With Ireen in and Chibesakunda out,DPP is gone too. The ruling again will be done by an Easterner kaya! Only hh will benefit having received the last nolle prosq as gift from Nchito.
And your point is……?
@ganja farmer
Nchito is trying to spite E.L with HH’s nolle prosequi , nothing else.
Nchito = Machiavellian.
@Ex-Moma why that picture, you look different. I am just prosecuting you. Give me explanation. I will not enter nolle prosequi.
Wise men came from the east. Edgar Lungu has the King solomon wisdom with the patience of Samuel. Watch them crumble before his aura. Already he has women’s votes in the bag with Mama inonge as vice president.
Tomorrow popcorn on the ready, it shall be funny.
Viva president Nawakwi.
Iwe Chi Nostradamus ndiwe o babaika hahahahahahahahahahaha.
Viva Nawakwi.
I THINK THERE IS A PROBLEM HERE. WHO SAYS THAT THE DPP CANNOT LEAVE HIS OFFICE UNLESS HE COMMITS AN OFFENCE? DONT BE CHEATED, MUTEMBO KNOWS THAT HE IS ON HIS WAY OUT. EXCEPT THAT HE DOES NOT WANT HIS CAREER TO B E RUINED BY CHEAP POLITICIANS AND LAWYERS THAT ARE FULL OF ENVY.
@Adviser.point is that the DPP has no way out! His friend chibesakunda is out and his enermy Ireen in.Edgar is using Easterners to break the cartel.Lameck Mwale is Easterner.
That is not how real easterners work. We use wisdom, hard work, God and being real to all Zambians to gain goodness. Remember Jesus first.
Viva president Nawakwi.
WE ALL KNOW WHAT THE RULING WILL BE.
1.MUTEMBO WILL BE TOLD THAT HE CANNOT ENTER A NOLLE IN HIS OWN FAVOUR.
2.NGUNI WILL BE TOLD THAT THE ALLEGATIONS WERE WRONGLY BROUGHT BEFORE THE COURT AND WILL BE THROWN AWAY. NGUNI WILL BE ADVISED TO TAKE HIS COMPLAINTS TO THE POLICE WHO HAVE TO INVESTIGATE AND IF NEED BE A TRIBUNAL WILL BE FORMED BY ECL. THIS MEANS THE CASE WIL DRAG ON AND ON AS NGUNI WILL BE GRILLED BY MUTEMBO BEYOND RECOGNITION.IN THE END MUTEMBO WILL VOLUNTARILY RESIGN OR ECL WILL JUST STEP IN AND ALLERGE INCOMPETENCE ON THE PART OF MUTEMBO IN ORDER TO CREATE A JOB FOR A DPP WHO CAN FREE RB.
AND BY SO DOING, MUTEMBO WILL HAVE BEEN VINDICATED.
It is politics, ECL will only rule for 18 months, then after elections in 2016 he is also going to be in trouble, it is the Zambia we know. You don’t play with northerners.
ECL, do not bite the finger that feeds you, northerners are watching and mobilizing. these bembas are united even in crime..soon and very soone you will learn.
Mr Chisenga
While I agree that Mutembo will be condemned for entering unto himself a nolle and that Nguni accusations are wrongly filed in court but Mutembo will not be vindicated.
The problem is the PAST which already has psyched the masses into believing that RB is behind the problems facing Mutembo. Whilst RB may be a factor, but at core is issue of integrity. Does Mutembo have integrity to preside as DPP. A perceived criminal cannot be allowed to prosecute a criminal. A criminal turns only into a state witness. Mutembo will have another charge added to his cases of abuse of authority. But Mutembo will rush to the supreme court to delay justice. It will be during that time that test for his integrity will be made. Public will not allow a DPP facing criminal allegations to continue
MR JL. I AM HAPPY YOU ARE SAYING “PERCEIVED CRIMINAL” YES `SOME PEOPLE ARE PERCEIVING MUTEMBO AS A CRIMINAL. BUT LETS NOTE THAT PERCEPTIONS CAN BE WRONG, MISLEADING, MISCONSTRUED AND SUBJECT TO MANIPULATIONS AND MISREADING. A PERCEPT IS SIMPLY A MENTAL IMPRESSION OF SOMETHING. IS IT FAIR THAT MUTEMBO’S INTEGRITY SHOULD BE JUDGED PURELY AND SOLELY ON THE BASIS OF PERCEPTIONS, REALLY? IS THAT FAIR? ARE WE BEING JUST.? THE ENGLISH PROVERB SAYS “NOT ALL THOSE DOGS BARK AT ARE THIEVES” DONT YOU THINK THAT JUST AS SAID ABOUT RB, THE MASSES HAVE IN THE PAST BEEN PSYCHED INTO BELIEVING THAT MUTEMBO IS A CRIMINAL? THIS IS ALL PERCETIONS. MY BROTHER , IF SOMEONE HATES YOU, HE CAN THROW ALL SORTS OF MUD AND DUNG AT YOU TO DENT PEOPLE’S PERCEPTION OF YOU THEREBY INSULTING AND DEFAMING YOUR…