The Lusaka Magistrate has sustained the nolle prosequi entered by Director of Public Prosecution Mutembo Nchito on 20th February this year.
When the matter came up before Lusaka Magistrate Lameck Mwale Monday morning, Magistrate Mwale told the court that after considering the matter, he is of the view that the DPP has power to discontinue the case even when he is the accused.
Magistrate Mwale therefore allowed the case to be discontinued as the matter was not an exception due to the powers vested in the DPP by the Constitution.
And in interviews with Journalists outside court, Nchito reluctantly said the law had to be followed.He said there were some people in Zambia that that wanted to bend the law to suit their own interests.
Meanwhile, the complainant in the matter Newton Ng’uni told Journalists that he will apply to the High Court to reopen the matter.
Rainbow, Cartell Pac will rule this country from 2016. WIth the Post as the mouthpiece.
Some are the untouchables people, do not hate the protagonists , hate the Political game.
The Rainbow is coming
Thanks
Bb2014
‘No one is above the law’ is a vigour of speech used and believe by the naive who are still living in the 19th Century
Some are, and if you can acquit RB (you better believe he will be) then there is mockery and ridicule in our Justice system.
The judicial process is only there to intimidate the weak. Even the hated people like Masumba are only serve weeks of a potential 12 months in jail.
The judiciary is ruled and controlled by the Government, actually by the President, However YOU have been lied to that they are independent haven’t you? foolhardy of you.
Welcome to the aura and rule of zambia by puppets and muppets that have even the educated fooled.
The Rainbow will remove mediocrity once and for all in 2016.
Thanks
Bb2014
Not so fast Mushota calm it down, rainbow will not be forming government next year.
This is as good as saying the DPP has immunity against criminal prosecutions. Who on earth will subject himself to the wrath of the law when he has powers to discontinue the case?
I don’t blame the Judge, I blame the law. This is a wake up call to those involved in the constitution amendment.
Newton (et al), Mutembo Nchito temunobe waumfwa?
THIS ACT BY LAMECK MWALE IS TRIBAL. MAGISTRATE MWALE WAS INSTRUCTED BY LUNGU TO FREE NCHITO. CHECK, THEY ARE ALL OF THE SAME TRIBE. THIS IS CORRUPTION GENTLEMEN. THIS IS PURE TRIBALISM AND REGIONALISM. THE BEHIND CURTAINS BARGAIN HAS ALREADY BEEN MADE BETWEEN EDGAR AND LUNGU. I WONDER WHY ZAMBIANS CAN NOT GET IT WHEN POLITICIANS PLAY THEM FOOLS. LUNGU AND BANDA ARE IN THE GAME OF PLAYING ZAMBIANS FOOLS.
MUTEMBO NCHITO 3 VS LUNGU 0
Another return match
Folks I have just uncovered the truth why the police are hidding the identity of Mr Matapa ‘s killer caught yesterday at a lodge .
Facts are that, he has threatened to disclose the name of a political figure who masterminded Mr Matapa’s killing if the police go ahead lock him up.
Now the question is who is this political figure? It may be Chama or Luo. But the name being mentioned prominently is that of Luo because Mr Matapa was possing a huge threat Luo ‘s seat if left alive so one my sources has told me.
My source also said it might have been a ploy to tarnish Lungu ‘s name so that people can turn against him as a President who has failed to stop violence.
There is more emerge out of Mr Matapa ‘s death.
Well there you have it folks, run away with it and investigate…
Newton, we warned you. Get a life. Let these people fight cartel to cartel. Uncle Muti and company 1, Lungu et al 0. We are waiting for the next round because this fight isn’t over.
Totally dribbled!!!
Problem with PF is everyone there including their lawyers are dull. Period. What would u expect from a cabinet that named a stadium. “The Gabon Disaster National Stadium?” Dunderheads will always be danderheads
The onus is on the prosecution to prove their case. Don’t they now look f00ls for having kidnaped him from his home and whisk to Chongwe for a kangaroo court trial?
spot on mushota RAINBOW PARTY IS ON THE MOVE AND THE ONLY PARTY WELL ORGANIZED
BUT “WANZELU” CHIPUBA SANA AYI!! BOYI BUSHE WALIPASA GRADE 7 IWE? WHY IS IT SO DIFFICULT TO TELL THE MEANING OF THE HEADLINE AND IT’S STORY UNDERNEATH. IWE LYONSE ULEYA KULI FIMBI !! WACHILAMO WE. LEKAFYE COMMENTING WE !!
People must learn to follow the in Zambia.
Drop it Newton Ng’uni, it’s about time you looked else where.
True…..I agree with you my man. Nchito was right from the start that he is not above the law and not even below the law. Find some life Mr. Nguni. What are you really trying to establish? The procedure is straight forward:
1. Report the alleged cases to the police
2.The police will then investigate
3.If the outcome of the investigations warrant that the cases must be brought to court then the a charge sheet will be formulated.
4.The President then takes over from here and sets up a tribunal because the DPP holds a constitutional office.
I am just wondering why Mr. Nguni is shooting in the dark when the procedure is straight. I suspect you are trying to appeal to morality for Nchito to resign. Iwe muntu Iwe, follow procedure and respect the laws of natural justice and the…
@ Jk,
What you have just outlined above is one of the two procedures provided for by the criminal procedure Code..
The approach taken by Nguni is also a legal one provided for by Section 90 of the Criminal Procedure Code. A private citizen can also commence legal proceedings without involving the police and that’s what Nguni did.
The setting of a tribunal by the president to investigate the DPP is invoked if the president feels the DPP should be removed from office because of certain allegations- it is not part of the criminal procedure and is out of context in this case.
This is the greatest piece of legislation Parliament has ever enacted!
The Law does not use emotions. The letter and spirit of the law has been justified. Hooray to smart Nchito!
The president should simply follow the law.Zambia is democracy its not Zimbabwe were Mugabe is Zibmbabwe full stop.If Sata failed who is Lungu to tell what the Judiciary should do and not do.
I meant people must learn to follow the law in Zambia.
@ Sido Mark you never cease to amaze! How dull could you be not to know that it’s not the President who has dragged the DPP to court. It’s a private citizen iwe dalo!! Yaba your bitterness has made get even duller now!
Well done Magistrate Mwale and Bravo Mutembo Nchito we need more brave people like you in this country. Best news for the country this year so far!!
I think Bravo to Nguni is also apt.
He is a true patriot. It’s not the winning of any situation that actually matters.
The principle here is that Nguni has opened our eyes to this mans other faults which added with the fact he owes the country money that was mean’t for Development for poor people; begs the question of what constitutes decency, dignified and honest conduct in Public Office., such as DPP.
Ok this is good news. The Case is now finally out of the court process and it is now time to explore the second option-Tribunal. It is time for the president to move in and setup a tribunal. He can’t use the court execuse anymore
The first step is to establish that there were underhand methods in the way Mutembo conducted himself…….The police(relevant authorities) to investigate this to give the president a basis for constituting a tribunal.why are you putting pressure on H.E? Why? If I was EL, I will move on to 2016 and when I have a full(complete) term of office, I will now constitute my new team of DPP, AG, introduce the new ministries as already suggested and work without due influence from anyone.
Why are you certain people keen and in a hurry to see this man wrongly pinned down? All your leaders are dead corrupt hurry up and pin them so damn fast! Am calling on all Bembas to vote for HH or Guy Scot!
Nice one!!!! The law must be followed.
Abena Nchito bantu sana!
Now make sure RB is caged. They thought they can intimidate you in their quest to avoid jail for the sins committed against the many poor Zambians. Corruption is the greatest sin of all for a poor country like ours. Lungu will suffer more than any President before him because he of his youth, will have to swallow a bitter pill for the remaining 30 years or less going by his history of drinking. Presidency is once in a lifetime and he can be a Mandela or RB in history. He must start to think for himself and not for RB or KK. He said his idol is KK, umm I bet he is old enough to know what KK did in his vigilante days and this is the very reason we’ve been in this intensive care unit economically and politically for decades.With all his flaws, Chiluba and MMD must be adored as real comrades.
Chiluba a real comrade in what? Thieving and kleptomania? Seriously, some of you people analysis issues using the arse for real!
Nguni is a hired gun.And who will foot the legal fees he has accumulated?This is an embarrassment to the people who were pulling the strings.Mind you, you will not manipulate the woman at the helm.She is a very principled person.
Maybe Mosho will foot the bill?
But remember…..Nchito is not saying he is guilty or not guilty……….He is simply saying…..kindly establish the cases against me and let the law take its course. What I have learnt from this brilliant lawyer is that “No one is above the law and no one is below the law”……If you want to use hate or revenge wrongly, the law will laugh at you.The so not good constitution has won.
Very disappointing, but well maybe not so. The consolation is that there is still the avenue of a tribunal as the allegations are strong enough to warrant a tribunal. The parliamentary ratification premised on assurances that he never respected, the DBZ issues. I mean the DPP is suppposed to be squeaky clean, if he is tainted in any way (as these allegations show) he should never have been a DPP and that is what this matter is all about. There is nothing like hiding behind the law and claim that after all Parliament ratified my appointment even when they shouldn’t have. If parley made a mistake, I am now the DPP anyway and the rest is water under the bridge.
TRIBUNAL PLEASE!!
“Very disappointing …… The consolation is….”: Your attitude seems to be lets fix the DPP whether he is right or wrong; whether we break the law or not. That is very disappointing.
And the ” avenue of the tribunal” is not a option. Justice is the option! Instead of trial by Kangaroo court. Justice is the only option.
Let’s insist on justice for RB; Justice for all criminals and Justice for the DPP. To ensure justice, let’s stick to the law. If Nguni has an allegation, let him report it to the police who will investigate it.
Do you know that Jesus himself was accused of all sorts of things by his enemies? An accusation alone does not make one guilty or not.
Congrats to Magistrate lameck Mwale for having the guts to follow the law. I believe Newton Nguni is entitled to appeal to the High Court, but I doubt if the outcome will be any different.
The constitution sets out the correct procedure for bringing a complaint against the DPP. Let’s follow it, rather than whipping up emotions in public opinion against Mutembo. It shows that there is something else that you are after apart from justice at law.
It brings into question your motives. We begin to ask ourselves: “could it be that you are fighting a battle for Lewis Mosho, who is facing the DPP over K45million of Shoprite money? And RB, who will spend the next 2 years between courts?”
Viva Mutembo! We need more men like you who are ready to stand up for what is right.
Are you sure Mutembo has come out of this Clean? Mutembo has been scathed and he knows it . Come Rain or Sunshine he will be in the Dock some day , and that day will surely come. Leave The Shoprite Issue out of this or Rupiah Banda’s issues. I have never seen a situation where a Thief justifies stealing because another person also stole. Otherwise we will be a Country of Criminals.
If one of the issues is Mutembo Contracting a Debt which is now unpayable then the Development Bank of Zambia should Certainly tell the nation if Mutembo is going to pay Back, or not. Is the DPP also immuned from paying Debt? What does the law say about some one failing to pay debt, Filing for Bankruptcy may be. A Bankrupt DPP?? This case is far from being over. There are more questions than answers.
Yes there may still be questions, but seeking answers to those questions, let us follow the letter and spirit of the law. The end does not justify the means. If we want to find Mutembo guilty, let us do so according to the law. Nguni, go and report the matter(s) to the police, who will investigate and come up with evidence.
He is as much entitled to ‘due process’ as RB is going thru at the moment.
YOU MAY BE RIGHT. BUT WHAT WE ARE SAYING IS THAT USE THE RIGHT CHANNEL. DO NOT USE KANGAROO COURTS. DO NOT TAKE THE LAW IN YOUR HANDS.
observer
You are ignorant my friend. Is it your Nguni who is owed money or development bank? By the way this matter is also in court and let development bank prove that he obtained money fraudulently.
This debt thing with development bank is going no where. When did it start? RB when he was president failed to handle it. The guy Mutembo is just smart. Look at how he has outplayed these sleeping lawyers.
I’m sure he already knows what next move they are going make and now Edgar’s hands are tied.
Development Bank of Zambia is a Bank Formed by the Republic of Zambia using Tax Payers Money. The Money Mutembo and Fred Mmembe got for their Zambian Airways is Tax Payers Money. It is Nguni’s Money, It is Your Money, Your Parents’s money and my Poor Parents Money. That money is meant for the DEVELOPMENT OF ZAMBIA. It is not Charity to be spent on BMWs , Hummers and to enhance Mmembe’s wife Grabbing Portifolio. That money should and will come back. Whether RB failed , it is My, Your, and any Clear Thinking Person ‘s Obligation that the money is brought back.
Newton – get a life; leave the DPP alone. Why should you be used by political opportunists?
No,no, no, JFK! The Mutembo guys obtained monies, actually tax payers monies, my money and yours (I know you pay taxes) knowing fully well they had no capacity to pay back! Simply put, that was fraud! Ng’uni is simply exercising his rights as a citizen! What remains to be seen is whether he has gone about it the wrong way! BUT that money must be paid back to DBZ!
LESSON NUMBER ONE.
THE LAW IS NOT FOOLISH WHEN IT STATES THAT ANY ALLEGATIONS AGAINST THE DPP CAN ONLY BE INVESTIGATED VIA A TRIBUNAL. ONE OF THE REASONS IS RIGHT HERE IN OUR FACE. THE DPP ENJOYS CERTAIN PRIVILLAGES AS A CONSTITUTION OFFICE HOLDER. IF YOU SEEK TO TREAT HIM LIKE ANY OTHER BEING, HE CAN USE THE NOLLE IN HIS FAVOUR. SO TO AVAOID SUCH, USE THE TRIBUNAL. PERIOD.
What people are mistaking is that Nchito did not get the loan in a personal capacity . So if the company fails to pay back and declared bankrupt the directors are not involved in the insolvency . Why are Zambian so daft about such a very straight forward law
You are Wrong My Friend. There is a Clause in Liabilities contracted from Financial Institutions which extends to Directors. Look at the Forms which Companies sign when getting Loans from the Banks, which format has been drafted by the Bank of Zambia, then you will understand.And Further Ask anyone who has obtained a Loan from a Bank. It is You my Friend who is Daft. The Private Limited Company you learnt in Grade 9 does not always apply. Directors cannot only be pursued to pay back but also sent to Prison for Liabilities obtained from the Banks.
Bon Lungu, You are Daft. Little knowledge is very dangerous. Mutembo and Mmembe can be pursued even in their personal capacities as Directors of Zambian Airways until they also declare banckruptcy. And an individual who has been declared bankrupt cannot even be DPP or run that ka Post Tabloid.
Nguni must remember to be sure in his strides. Just getting up and filing court cases without due consideration is not the action of a serious adult. We feel like we’ve been on a joy ride, the elation is now flat lining!
To be sure Nguni is a brave and wise man.
He is a true patriot. It’s not the winning of any situation that actually matters.
The principle here is that Nguni has opened our eyes to this mans other faults which added with the fact he owes the country money that was mean’t for Development for poor people; begs the question of what constitutes decency, dignified and honest conduct in Public Office., such as DPP in Zambia.
What really matters now, is the action of the DPP. He must show moral backbone if these matters are true. He must convict himself in his…
What really matters now, is the actions of the DPP. He must show moral backbone if these matters are true. He must convict himself in his heart and if he is a believer, before Christ.
We may not be able to convict him, but we put him in that office not to harm is, but to protect our Rights.
He must resign. Show a small amount of human dignity.
Criminals are relishing the idea of seeing a DPP who is also a Criminal Suspect! Boss nishani naine ka Nolle, Kabili we come from tugeza.
The Mutembo Nchito backers please read this story……………………………………..
Nchito Removed from Prosecution of M’membe
Director of Public Prosecutions Mutembo Nchito may have had a good day at the Magistrates Court having his nolle proesqui upheld, but there was bad news for him at the Lusaka High Court where he lost the bid to prosecute his business partner Fred M’membe who is facing defamation charges.
Today’s decision will likely furthermore have an impact on Nchito’s other case in which he moved to enter a nolle prosequi against himself.
Nchito had on 8th May, 2014 applied to the Lusaka High Court to take over the case in which Post Newspaper owner Fred M’membe had been sued by former President Rupiah Banda for defamation.
The Lusaka High Court this morning…
Nchito has respect for the law. He will accept the ruling from the High Court.
Those of you who want to crucify him by shortcuts; be men enough to accept the route for removing him or prosecuting him that the constitution has given. Do not be in a hurry to upgrade Chongwe Local Court!
This is good news for RB. Now he can be acquitted cleanly without anyone suggesting that it was because Nchito was removed.
The evidence against RB is very weak and not beyond reasonable doubt.
The big man should press for malicious prosecution and get all his money back from the state.
He is not being used. He is working and therefore earning an income. I would advise him to slow down as he continues collecting his monthly income… tax-free, with fuel electricity, water bills paid for him…including meals. This is employment. Never mind finding out who pays him, who knows..it could be RB, Nevers? or even Hennery but definitely not Andrew.
Can’t believe the comments I’m reading from Zambian praising Mutembo as a hero. Surely whether Nguni has a genuine legal case against Mutembo is irrelevant. The irony here is the immorality and unethical behaviour of Mutembo entering a nolle prosequi in favour of himself. This unprecedented move has far reaching consequences and the implications of this is that he’s untouchable and above the law. Pretty much he can go in a murder rampage and turn around the next day to let himself free. This is abuse of authority.
What he’s also saying is that there isn’t enough evidence to prosecute himself but he can be re-arrested anytime. This is remarkable indeed!
Quite obviously, you are not a fan of Mutembo Nchito. Not a lot of people are.
However, every person who is accused has the right to defend himself, within the law. The DPP said, “Let my accusers take their (serious) allegations to the police…”. That is what the Zambian law provides for. Let us follow the law even if we hate someone and want to destroy them. Today’s judgement agrees with that position. Moreover, the law makes provision for taking a DPP to court. What Nguni & Co did was not according to the laid down procedure. Why do you insist that Mutembo sacrifices himself and ‘act morally’ but you do not extend that same demand to those who are obviously ignoring the laid down law?
Let’s be fair and impartial.
Yes it is Mutembo the person and at the same time, Mutembo the DPP. The boundary is really a thin line. Whichever offense he committed was committed as Mutembo the DPP as well as Mutembo the person. Whatever argument one will come with for or aganist Mutembo, EL has the the key to this challenge. EL, do you still need Nchito as your government prosecutor or not? Your H.E, you are the key to this challenge that is proving to be divisive at the moment!
@ Hope for Better…..thanks my friend for the guidance on the two procedures required to remove the DPP. I am very surprised as to why Nguni is fighting so much over this case. I looks like it is now a personal issue…..time will tell!
@ Patriot abroad, the moral approach must not be part of the argument at the moment. Let us follow Mutembo’s case to its logical conclusion not very quickly appealing to morality…….Have we failed to reason together?
Politicians politised the issue of the k14 billion kwacha that was the beginning of this unfortunate case. How many Zambian have gotten loans from banks and failed to pay, from LIMA bank, FRA and other banks you can mention and failed to pay. Is Mutembo the only one really. Be serious in your assessment of people.
We all know Mutembo prosecution was political and people behind are political elements- RB entered a pact with Edgar lungu.
So this whole episode was to confuse the DPP so that RB is set free. Zambian open your eyes.
Mutembo has not spoken on these allegetions because of his office if you heard his story you will be amazed on how the mafias have teamed up to be set free so that they enjoy stolen money.The goodness is that God protects the innocent and weak.
Victory for Zambian court systems. Victory for the president. He did not interfere. In short the defense and legal wings of Zambia now have courage and zeal they can operate freely. Watch how this show gets even more juicy. Or as we say in Zambia Juwicy!
popcorn for all.
Viva Nawakwi.
ZAMBIAREPORTS
Nchito Removed from Prosecution of M’membe
Director of Public Prosecutions Mutembo Nchito may have had a good day at the Magistrates Court having his nolle proesqui upheld, but there was bad news for him at the Lusaka High Court where he lost the bid to prosecute his business partner Fred M’membe who is facing defamation charges.
Today’s decision will likely furthermore have an impact on Nchito’s other case in which he moved to enter a nolle prosequi against himself.
Nchito had on 8th May, 2014 applied to the Lusaka High Court to take over the case in which Post Newspaper owner Fred M’membe had been sued by former President Rupiah Banda for defamation.
The Lusaka High Court this morning ruled that Nchito cannot take over the prosecution of Post Newspaper owner Fred…