THE Lusaka High Court has stopped Director of Public Prosecutions (DPP) Mutembo Nchito from taking over the case in which former President Rupiah Banda sued Post Editor-in-Chief Fred M’membe for contempt of court.
When the case came up for ruling yesterday, Lusaka High Court judge Chalwe Muchenga said allowing Mr Nchito to take over the case is likely to violate Mr Banda’s right to institute a private prosecution.
Judge Muchenga said Mr Banda’s right to fair trial is likely to be violated as it is inconceivable that Mr Nchito is in a position to objectively deal with the complaint against the accused persons.
He quashed the move and sent back the case to the subordinate courts for plea and commencement of trail.
Judge Muchenga said Mr Nchito can only take over the case if it is in the public interest, adding that the takeover of a prosecution is in the public interest if it ensures that it is not abandoned or ineffectively conducted, whether through lack of means, inertia or any reasons.
He explained that the DPP also has a right to take over a prosecution in cases where the prosecution amounts to an abuse of process or may compromise national security.
“In this case, the reasons for the takeover of the prosecution are unknown, but there is uncontroverted evidence that the accused is the Director of Public Prosecutions’ business partner and is being represented by a law firm in which the Director of Public Prosecutions is a partner.
“Though there is no information of what the Director of Public Prosecutions intends to do following his takeover of the case, only two things can happen; he may either continue with the prosecution or discontinue it altogether,” Judge Muchenga said.
He said it cannot be in the public interest for him to take over the prosecution of a business partner whether for the purpose of carrying on with it or stopping it.
This is a case which was commenced through a complaint and was referred to the High Court for the determination of constitutional issues that arose following the DPP’s decision to take over its prosecution.
The circumstances surrounding the case are that in 2013, Mr Banda, the complainant appeared before the Magistrate’s court charged with the offences of abuse of authority of office.
During the course of his appearances, The Post Newspaper published an article authored by Mr M’membe labelling him as being corrupt.
Mr Banda complained against the article to one of the magistrates trying him and the magistrate ruled that since he is presumed to be innocent until proven guilty, the proceedings must be reported accurately and fairly.
Despite the ruling, 19 more defamatory articles were allegedly published by the accused persons.
RB is definitely back. There may be some delaying tactics and gymnastics but he will finally hound out the cartel. Nchito and Mmembe should be worried, very worried. Add Mathani to that list.
Our DPP is a joker! Even a grade nine can clearly see how ‘interest’ is conflicted here…
Mutembo Nchito should do the honorable thing by quiting as DPP, in the best interest of the country.
Dyonko well said. If anything it is long over due! What was Sata thinking in giving that sensitive position to that fat clown?
No NO NO NO, Nchito should stay, how many thieves do we have in the government, that is how cheap Zambia is, even ECL apparently is said to have ate clients money. Who has not stolen? 98 % of government even private employees steal. It really does not matter how much you steal, that is how people survive in Zambia, it is hard to live in a failed state. Kapoko is free, Sangwapo is free, Banda wants to be free, it is free for all. If you are poor you steal a chicken you are in, if you are one of them you steal $200,000 you have no case. One Zambia two nations.
RB is not in a position to take away people’s liberties like Nchito. Nchito is more vindictive than RB. If RB is guilty why has Nchito failed to have him locked up? Don’t blame Edgar because that case died before the late president. No proof Mr. DPP?
Problem is that nchito is as corrupt as RB
Zambian politics at it is best sometimes i am speechless so the DPP is happy to send people to prison and it is ok for him to chew Zambian people’s money and enjoy life outside hahahahaha yaba such is life
Dropping Nchito from dpp is only honorable and long overdue. This will present a level playing field so that he also answers to his own charges. he wants others crucified and not himself , why? is he special, please advise mwebantu.
President Lungu you have to listen now to your people like you did when you dropped Scott from your cabinet. Now is the time for you to get rid of Nchito, now, now, now and not tomorrow. Dismantling this sophisticated cartel won’t be easy or cheap. It will come at a price, and we as Zambians are ready to pay that price. Mmembe, Nchito and the rest of the cartel have to be wiped out of Zambian politics sooner rather than later. These people are corrupt and shameless liars, egotistic stupid *****s who hide in the name of being upright when they are busy stealing from all of us and contributing to deaths of innocent Zambians. Mr President, either you are with us or you are with the cartel, you have been forewarned. The Zambian courts won’t change anything, they are compromised.
Nchito should stay stay to protect cartel kuntu waseka
But how could he be allowed to discontinue his own case before taking over from the public prosecutors??
Good call judge Muchenga! These are the people we need in the judiciary… Ba Judge muli nshimbi!! keep up the good work…
If president Lungu is not careful this DPP Nchito if not dropped will be his biggest night mare in 2016 when he leaves office, never leave an enemy behind because he will shoot you down. Just come clean and suspend him than going round in circles.