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Monday, September 28, 2020

Nchito wants to take over RB Vs M’membe’s case, appeals to the Supreme Court

Headlines Nchito wants to take over RB Vs M’membe's case, appeals to the...

DPP Mutembo Nchito addressing delegates during the 3rd International Association of Prosecutors (IAP) Conference for the Africa-India Ocean Region in Livingstone at Zambezi Sun Hotel
DPP Mutembo Nchito

Director of Public Prosecution Mutembo Nchito has applied for the stay of proceedings where former President Rupiah Banda has sued Post Newspaper Proprietor Fred M’membe for contempt of court.

Mr. Nchito wants the proceedings taking places at Lusaka Magistrate Court to be stayed pending the determination of his appeal against the Lusaka High Court’s verdict to quash his decision to prosecute Mr. M’membe.

He has argued that unless the proceedings are stayed his appeal will be rendered a mere academic exercise.

Mr. Nchito has argued that fundamental constitutional matters which question the exercise of his powers and functions have arisen and must be addressed by the Supreme Court.

This is according to the Expart Affidavit in Support of Summons to stay the proceedings at the Lusaka Magistrate Court, involving former President Rupiah Banda and Post-Newspaper Proprietor Fred M’membe.

The affidavit has been filed in the Supreme Court by Mr Nchito pursuant to Rule 29 of the Supreme Court Act.

Rule 29 Sub-rule one of the Supreme Court Act in part, stipulates that the High Court May stay execution on any judgment pending appeal.

On Monday the Lusaka High court quashed decision by Mr. Nchito to prosecute Post Newspaper Editor Fred Mambo.

High Court Judge Chalwe Muchenga consequently sent back to the Lusaka Magistrate Court, the matter where former President BANDA sued The Post Newspaper proprietor Fred M’membe for contempt of court

Judge Muchnga stated that the decision by Mr. Nchito to take over had no basis.

68 COMMENTS

    • This is a civil suit how does Nchito think the DPP comes in here. These are last kicks of a dying horse. Your days are numbered bwana.

    • I used to rule the world
      Seas would rise when I gave the word
      Now in the morning I sleep alone
      Sweep the streets I used to own

      I used to roll the dice
      Feel the fear in my enemy’s eyes
      Listen as the crowd would sing
      “Now the old king is dead! Long live the king!”

      One minute I held the key
      Next the walls were closed on me
      And I discovered that my castles stand
      Upon pillars of salt and pillars of sand

      I hear Jerusalem bells are ringing
      Roman Cavalry choirs are singing
      Be my mirror, my sword and shield
      My missionaries in a foreign field

      For some reason I can’t explain
      Once you’re gone there was never
      Never an honest word
      But that was when I ruled the world

      It was the wicked and wild wind
      Blew down the doors to let me in
      Shattered windows and the sound of…

    • @max millian you will do well to acknowledge those words are not from your brain but lylics from a sone by Cold Play! The worst types of bloggers for me are those like you who plagarise like you…… Skanka pa…..

    • MB, no need to be so bitter. It was copy and paste. at the end there is this line: Coldplay – Viva La Vida Lyrics

      But the space on the comments did not put all the words as you may have noticed.

      People couldn’t believe what I’d become

      Revolutionaries wait
      For my head on a silver plate
      Just a puppet on a lonely string
      Oh who would ever want to be king?

      I hear Jerusalem bells are ringing
      Roman Cavalry choirs are singing
      Be my mirror, my sword and shield
      My missionaries in a foreign field

      For some reason I can’t explain
      I know Saint Peter won’t call my name
      Never an honest word
      But that was when I ruled the world
      Woahahahah oh, woahahah oh
      Woahahahah oh, woahahah oh,
      Woahahahah

      I hear Jerusalem bells are ringing
      Roman Cavalry choirs are singing
      Be my…

    • ANOTHER VICTORIES FOR
      2016 BREAWAY PARTY FROM THE CURRENT GOVT
      RAINBOW PARTY
      UPND
      FDD
      ERIC CHANDAS PARTY
      BLOW TO MBEBA PARTY COMPRISING
      RB/LUNGU WITH CHIEF ARV MAN MPEZENI
      PAEDOPHILE ALABI AND 1 MAN KIDNEY INFYO

      IS THIS WHY POST ON LINE HAS BN HACKED BY PF GOVT PHOBIA OF MEEMBES WRATH HAS BIVAN SALUSEKI TOLD THEM THE SERVER
      PLEASE MEEMBE WE ENJOY YOUR EDITORIALS .
      TAKE ON THEM MEEMBE ,HH AND WYNTER THESE ARE THE ONLY GUYS WITH BALLS

    • I hear Jerusalem bells are ringing
      Roman Cavalry choirs are singing
      Be my mirror, my sword and shield
      My missionaries in a foreign field

      For some reason I can’t explain
      I know Saint Peter won’t call my name
      Never an honest word
      But that was when I ruled the world

      ooooooh ooh oooooh oh ooooooh oh oooooh ooh.

      Coldplay – Viva La Vida Lyrics

    • Moral:
      Whilst in Power, you may have it all, but your castles may be build on ‘Pillars of Salt and Pillars of sand’ and people may just be waiting for you to lose power so that the can have your ‘head on a silver plate’. You will end up sweeping the streets you used to own. And because you never uttered and honest word, St Peter will not let you into head. You will stand at a distance and ‘hear Jerusalem bells are ringing
      Roman Cavalry choirs are singing’

      ‘Oh who would ever want to be king?’

    • Chitu is ruling the country from the courtrooms. How can he be impartial in a case involving his friend, this is a sign the Mumeembe and his friend have worked out the end game of the case.

  1. Our DPP has of late been in the thick of things where matters requiring expression of interest are concerned. Granted that he has demonstrated how to take advantage of the so called launas in our laws, given his high and strategic position, he should have been in the forefront to lean on the side of the spirit of the law…

    I keep wondering whether he still has morality to prosecute others … or is it the chorus part of the ‘lacuna’ hit song!!!!

  2. I miss the point. Does Nchito want to issue one of his ubiquitous nolles or what? It is clear that Mmembe is Nchito’s associate, both in business and socially. Mmembe trained as a lawyer at Nchito’s then MNB firm and they were partners together in Zambian Airways. Isn’t that conflict of interest enough?

    • @ Buck Teeth Lungu

      Try to separate position of DPP from “persona” of Mr. Nchito.

      As much it is evident that involvement of Mr. Nchito can be qualified as at least “perceived bias”, current Constitutional provision its “crystal” clear on DPP powers.

      Where the confusion arise dates back to Mr. Nchito appointment as DPP notwithstanding his “questionable” past.

      Who is to be blamed? Sata (RIP)? Parliament? Current President?
      Let us wait to see the Supreme Court “learned” position.

    • Nchito is right such matters should be resolved as supreme court level.

      This is why Magistrate Mwale erred at law when he pronounced himself on whether a DPP can enter a nolle in his own matter or a matter in which he is the accused

  3. Totally unnecessary. What does Mutembo really want? He will regret his provocative actions.He wants to be the one to prosecute his friend sure? Edgar please wake up and suspend this fat desk lawyer.

    • @mailon, I also wonder what Edgar is waiting for to stop this nonsense. Has he already been held hostage like his predecessor?

    • Mutembo wants revenge. What Mutembo wants, Mutembo gets but honestly this time, I pray the Supreme Court throws it back in his face by upholding the High Court ruling. One can only get away with so much. He is also a president in his own right it seems. Enough!

  4. Its like a good deed deserving another. After the arrest for Nchito back fired he is now taking them on one by one. This is a circus that one need not miss.
    Banda had all the instruments to deal with the catail (sp) once and for all now they are back on his shoulders. Lessons to learn here!
    Never leave an enemy behind.

  5. Brother nchito, check your heart. recheck the condition of your heart concerning such matters. am not God but what is God saying in this action u have taken. remember ours is not by flesh and blood but mighty thru pulling down of strongholds. just an advice. blessed day bro

  6. When it comes to football,messi and Ronaldo have divided the world into two.you are either for Messi or Ronaldo.the same applies in Zambia! Two evil forces have divided Zambia into two,you are either for Mmembe or Rupiah.and in this battle voters are being as used as 1d!ots to fight battles they don’t understand .you nullify a seat today and 2moro Simbao ati joins PF.when are going to ever hear that Zambia has advanced in Hi-Tech?education?the problem we have in Zambia is that the number of illiterate people outnumbers the literate ones.if you are PF just know that you either voted for corrupt Rupiah or evil mmembe and not development.Edgar is just a political football and players are Mmembe and RB

    • I don’t blame you! Instead of cultivating that Ganja for export, you are busy smoking it! Hence the clouded thinking. Sober up first.

  7. He is trying to protect himself because if that high court judgement stands then the discharge he got from the magistrate will be useless the other guys after his neck will use it.

    • We are all speculating, but this seems about right. I think the Nguni cartel will use that High Court ruling to come after him. After the way he ran rings around them with the ‘nolle’, he is probably thinking 3 or 5 steps ahead of them.
      Seems unnecessary, but someone has said to RB, “..never leave an enemy behind..”. Let us see where this takes us.

  8. If I were President Lungu, I would appoint a tribunal and get this Nchito guy out forthwith.

    You can’t have a group of people who think they are so powerful that that can’t pay anything.

    Paying no tax
    Paying no Loan
    Respecting no court/law

    President Lungu if you don’t act now, these people will put you in a very compromising situation next year. Better remove him now so that there is room to settle and concentrate on next year.

    One fundamental law: Remove the hazard or the hazard will remove you.

    The thing is that either way the cartel and their sympathizers will not vote for you. So you might as well do what is in the interest of the public. RB helped you when the cartel were helping others. They are doing the same now.

    Don’t be shy to make decisions President…

  9. Mutembo is just a fat legal ***** who thinks that by being a DPP then he is above everyone! We have had DPPs in the past and they have acted professionally and descently! How can a Civil Servant be hitting headlines everday as if he is a cadre!
    Your Excellency Edgar Chagwa Lungu, President of the Republic if Zambia and Commander in Chief of the Armed Forces, please get rid of this fat beast Sata left us before we become a loughing stock in the legal fratenity! Im sure Satas body should be turning in the grave regreting the mess he left behind!
    My opinion and appeal!
    Thankx!

  10. Mutembo is just a fat legal ***** who thinks that by being a DPP then he is above everyone! We have had DPPs in the past and they have acted professionally and descently! How can a Civil Servant be hitting headlines everday as if he is a cadre!
    Your Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia and Commander in Chief of the Armed Forces, please get rid of this fat beast Sata left us before we become a loughing stock in the legal fratenity! Im sure Satas body should be turning in the grave regreting the mess he left behind!
    My opinion and appeal!
    Thankx!

  11. He is behaving like a small god.President EL please deal with mutembo otherwise u’ll be compromised soon.Nchito needs God’s guidance .it’s too much

    • True that you cannot have a DPP in all the news papers as though he won a Golden Boot! He has thrown his weight around enough! Why can’t he be put were he belongs once and for all? What is his interest in this case, so that he pulls those infamous nolles of his? Mutembo should refelct deeply, it’s too much!

  12. I have been asking as to why Mutembo has continued serving under Lungu coz the two cant drink together and hence not friends. Peace will return in the judicially only when Mutembo moves out. Mr Prsident Lungu what are you waiting for before you act? Did you get anything from Mutembo which you have not paid? Please act as president .

    Peace and Prosperity to Mother Zambia.

  13. Okay Late President Sata blundered when he chose to protect M’membe and put Nchito as the DPP. I have always warned people close to me never to interact with the devil for they will never realise when they start killing them softly; eating them up from within. From the terraces, even a blind man knows that this man so called DPP is up to no good at all. He lacks integrity! He is hiding something thus the nolle! He wants to protect one of his own, M’membe. I hate it when wrong doers are washed clean in face of the public eye. I don’t like lawyers as long as I don’t commit a crime where I will need one. I hate the games they play. Whereas Zambia needs to be swept clean of its dirty elements; this guy who we must hold in high esteem is busy slowing down the wheels of justice.

  14. Just get rid of these leeches once and for all! they are running a parallel government and feel above the law. We are sick of them and want to move on.

  15. Whereas I love the games politicians play, I hate the games lawyers play. I will be quick to point out here that the battle field of Politicians Vs Lawyers (Legislatures/Executive Vs judiciary) is always messy. M’membe and Nchito want to play political lawyers. Man, where is that guy, FTJ? these are the games he enjoyed. The duo (M’membe and Nchoto) want to run the nation, the self acclaimed untouchables consequently highly corrupt individuals. I did not like RB during his tenure but man, the guy is innocent until proven guilty. Who is M’membe to judge RB in his propaganda piece of trash called the Post. M’membe is a lawyer, he knows that matters before the court belong to the courts thus merits no comments until judgement is passed. Who does M’membe think he is anyway?

    • Kana who will sort these “bafikala kanshi (Mmembe and Nchito)”it appears as though ba Lungu is also procrastinating, why is Zambia so unfortunate with leadership. Just when we thought we found one in Lungu, and he is also now saying no, I am going to sleep. This is bad. No where to turn to, what a shame pa Zambia.

  16. Lungu wake up, next Nchito will get rid of you before even next year, can’t you see with your eyes. Enough is enough. Sack this ***** or you will soon pay the price yourself.

  17. I think EL is listening to the people’s cry for a tribunal for this Mutembo thing. What I don’t understand is his resistance or luck of decision making

    • I can only see “laissez faire”type of leadership setting in with Lungu’s style of procrastination in decision making. Lungu is supposed to be a new broom but I am beginning to doubt him, and it is so early. This type of behaviour will drive a lot of people away from PF. Lungu remember you are in competition with HH, Nawakwi, etc. but I am not sure if you you realize how serious this is, you really need to wake up and do some work before you dent your name forever. Very few people like Mmembe and Nchito, and where the opportunity arises that you can start dismantling them with the law behind you, but you seem to be so indecisive and would rather prefer to miss the chance, so what do you want to do? Sorry, I can’t say much more than this; this issue is very annoying to say the least.

  18. Fatso is now boring and irritating people with his antics. This character is clearly bent on keeping his skeletons hidden. But then, its just a matter of time before he ends up like Humpty Dumpty.

  19. It seems as if Mutembo Nchito is a defacto President, he seems to be wielding so much power that our Lungu is so scared and feels inadequate to touch him, wooh.

  20. Mutembo is abusing government time and resources. Surely he has to waste the precious time of the Supreme Court for such an obvious matter of morality and judicial fairness? But he has to anyway, otherwise if he does not fight these cases, then he is a gonna as very soon things will crumble around him, the skeletons will be laid bare, the DBZ K14billion will become due and he will be bankrupt. Put another way, he will be as good as dead, I mean literally dead.
    But Mutembo, surely you know that every dog has its day, some things are just inevitable. Who ever imagined that the Post would today lose the trust of its previously blind followers? The paper was literally a cult, but during last by election they learnt that actually many people now see through their contradictions and…

  21. Hahahaha, desperate times call for desperate measures! Mmembe will be slammed with a handsome fine. Do not be delluded Cartel, this is RB’s time. He is back!

  22. Unfortunately, I don’t trust the Zambian courts especially the so called high court. They will make some stupid decision to support the cartel, you know these people they think with their bottoms.

    That’s why Lungu needs to make some executive decisions now or never, and he will pay the price dearly if he contines to sleep.

  23. This man again. Nchito.

    Both @2 Umwina Nkana and @10 Tutu, pick on the main issue in the matter of this character known as Nchito.

    He is NO LONGER CREDIBLE IN THE EYES OF THE CITIZENS. He therefore can not serve people who have NO confidence in him.

    It’s irrelevant, that he is a brilliant Lawyer; people do not trust his actions.

    Please, Your Excellency, rid us of this smear, and sneer across the face of Zambia. Mr Can’t Pay, Won’t Pay what he owes the state, (citizens); can not be prosecuting them! It is not fitting he is at the legal helm.

  24. Lungu this is similar to Scott, I am sure your memories should be fresh. Scott hates you and the cartel hate you, they like no one. You can NEVER be friends with the cartel, once they have got one chance they will finish you outright. While you have got the powers as provided for by the Zambian people, you better ACT now to save the Zambians and mostly yourself from total destruction. The cartel will ruin you. They have done it before to Chiluba, Mwanawasa, Sata, Kaunda, Banda, you are next. If I were you, I would get rid of them completely öff’ the face of Zambia. Please kolopa as per your campaign song and promises, we need our money back.

  25. I am getting worried also. What is Lungu waiting for? People have cried and talked, is he now also under hostage? My hope is fading. Please your excellency suspend Mutembo Nchito and let him clear his name before the tribunal. This is the true procedure .

  26. How does the DPP come in a private matter? It is not The people vs. Mmembe . This guy is cannibal and should be got rid off. What is toothless LAZ doing about this imbecile?

  27. One evening whilst having supper i told my children that RB will lose elections because of Dola. My kids laughed… Now this evening am saying EL can lose if he does not sort out the Nchitos. To impress voters sometimes you have to hear their cries. Remember people all over protested when he was being mistreated by the cartel. Amen

  28. The only reason he is appealing is to buy time.His is a desperate effort.He knows that the decision of the High Court in this matter renders the decision of the magistrate court in the Ng`uni Vs Mutembo Nchito case useless.

    If he did not appeal,then the lawyers representing Ng`uni would have a solid basis on which to appeal to the High court to review the decision of the lower.

    We are yet to see the action to be taken by Ngu`ni and his lawyers.

  29. I’ve liked reading almost all the comments and my guess is that more than 90% of the contributors are lawyers (learned friends) and they know what they talking about.

  30. Suspend Nchito, Lungu urged.

    THE continued stay of Mutembo Nchito in the office of the Director of Public Prosecutions (DPP) has become a danger to national security and good governance because he (Nchito) has become politically conflicted.
    President Lungu has been urged to expeditiously exercise his authority under Article 57 of the Constitution and remove Mr Nchito and appoint another officer to the office of the DPP who would examine the propriety, legality and justification of the decisions Mr Nchito made in his own matters and those concerning his business partner, Fred M’membe.

    • Lungu will soon pay the price for procrastinating about such a clear and easy case of the DPP. He is already failing to show that he is a leader in the eyes of some of us. He needs to put his act together. People have spoken, but why is he taking so long to act? Sata behaved like this most of the times but somehow…………………………………………. …………………………………………………………………………………………………….
      I can’t finish the sentence, it is too frustrating. This Lungu has started to annoy some of us now.

  31. There is a very dangerous phenominon coming out of LUNGU’s Leadership. What we are seeing now is defensive of those being suppressed by LUNGU’s regime and this he has to be carefull. I see most of us who favoured LUNGU shifting canp, because he has associated himself with RB the man who nearly put the rule of law in the country at disrepute. LUNGU has to extrrcate himself from those two people KK and RB even if they come from the same place all of them other wise he is dividing the country now the BIG WAY. WE ALL KNOW WHAT HE IS TRYING TO DO IS TO HAVE RB AVOID PROSECUTION FOR THE WRONGS HE COMMITTED, which is wrong for the country. WE WOULD RATHER LOOSE OUR MONEY TO M’membe and NCHINTO but have our freedom maintained. THE TWO: KK and RB can not come back with their old sytem of…

  32. I used to be against the curtail before, but given the way LUNGU is leading this country, by bringing on board KK AND RB, I think we need the people from the CURTAIL now to rescue ZAMBIA. LUNGU has decided to misdirect himself, because he is no longer a man of his own, he damned being controlled by the two RB and KK with very OLD SYTEM of GOVERNING THE COUNTRY. STATE SECRETS HAVE BECOME very big issues as it used to be under KK. PLEASE MWEBANTU, STATE SECRETS ARE NO BIG DEAL IN THE CURRENT WORLD ORDER, NEVER BE CHEATED, THE WORLD HAS BECOME A GLOBAL VILLAGE. WE NEED ECONOMIC LIBERATION RIGHT NOW. LUNGU IS HEADING A GROUP OF UNEDUCATED PEOPLE WITH A SOUL CONCERN OF FEEDING THEIR BELLIES. PEOPLE LIKE MINISTER OF FIMOFIMO……INformation. WHO CAN MAINTAIN HIS BELLY.

  33. It is neither fair nor justified to leave Nchito in a position where he must make decisions concerning his own fate. Nobody should be put in this position.
    Many jurisdictions in the world have very clear statutes and laws prohibiting public officers from acting in situations where a conflict of interest arises. The general principle being that public employees are prohibited from personally benefiting at the expense of the public interest.
    The logic being that it is a violation of public trust for public employees to benefit personally from their public positions.

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