Mutembo is demanding a further K2 million from Ng’uni as damages for defamation.
According to a letter of demand for damages for malicious prosecution and defamation addressed to Ng’uni, a former deputy finance minister in the Frederick Chiluba regime, lawyers Makebi Zulu, Gilbert Phiri and Keith Mweemba on Thursday, Mutembo’s lawyers – Nchito and Nchito Advocates – stated that on February 11, Ng’uni, Zulu, Phiri and Mweemba maliciously commenced a complaint against him in Chongwe, alleging that he had committed nine offences, including an allegation of planting drugs on Banda’s supporter Brebner Changala.
“We are instructed that you, Messrs Ng’uni, Zulu, Phiri and Mweemba then procured a warrant of arrest from a magistrate at Chongwe. Our client obtained an order staying the arrest warrant and the prosecution of the complaint in Chongwe on 12th February, 2015 from the Right Honourable Mr Justice Chitabo, SC, which stay you, Messrs Ng’uni, Zulu, Phiri and Mweemba, were made aware of.
[pullquote]Please note that it is our view that this is a straightforward matter that can be resolved without the rigors and expense of litigation.”[/pullquote]
Further, Justice Chitabo, by a ruling dated 12th February, 2015, nullified the proceedings in Chongwe on the grounds that the Chongwe court had no jurisdiction and thereby terminated the Chongwe proceedings in favour of our client,” the letter obtained by the Post Newspaper read in part.
Mutembo’s lawyers stated that in spite of being aware of the two orders, Ng’uni, Zulu, Phiri and Mweemba counselled the magistrate at Chongwe to disobey the orders for reasons known only to themselves.
“We are instructed that after the magistrate purported to transfer the matter to the Chief Resident Magistrate, you, Messrs Zulu, Phiri and Mweemba addressed the press and made utterances suggesting that our client had escaped lawful custody when, being literate, you knew full well that the proceedings pursuant to which our client was arrested had been nullified,” they stated.
The lawyers further stated that in contempt of court, Ng’uni on February 13 held a media briefing at which he alleged that Mutembo had colluded with justice Chitabo and the chief resident magistrate to defeat the ends of justice.
“We are instructed therefore to demand from you, Messrs Ng’uni, Zulu, Phiri and Mweemba the payment of the amount of Kwacha Two Million (ZMK2,000,000.00) being damages for malicious prosecution from you, Messrs Zulu, Phiri and Mweemba, Kwacha Two Million (ZMK2,000,000.00) as damages for defamation and from you Mr Ng’uni Kwacha Two Million (ZMK2,000,000.00 as damages for defamation,” the lawyers stated.
“We therefore demand that you pay the said amounts within seven days from the date hereof in default of which we have strict instructions to commence court action to recover the same without further recourse to yourselves,” stated Mutembo’s lawyers.
“Please note that it is our view that this is a straightforward matter that can be resolved without the rigors and expense of litigation.”
Mutembo is tightening a noose around his own neck. It is not a well thought strategy. It is suicidal for him. The same charges he enter a nolle against now will be brought up in a civil case and proven and ground created for his dismissal.
Mutembo be ready because this is what they were waiting for. Now they will finish, you they will offload every thing in court and you will remain naked.
People! Please! Please! Let us demand for holiness more than the
temporal riches of this corrupted world. Zambia will only become
a good country when its citizens start reading and studying the word of God than ever before.
Newspapers,novels ,comedy,politics and earthly education are not enough to bring expected change to this country.
Blessed is a country whose citizens love God whole heartedly and love one another with perfect hearts.
Take your money and your food but give me Jesus!
Instead of asking Nguni to pay, he shall pay DBZ. Now the judiciary has the motivation to expedite his case in supreme court and force him to pay DBZ.
Good move Mutembo. Time to pick up a quick buck from fo0lish scumbags who are trying to play a law game against the master himself!
“It is a straightforward matter”, Nchito and Nchito. Who decides that? Mutembo is behaving three-in-one, complainant, counsel and the judge.
This has gone from being a battle of wits to showing off Mutembo’s big ego. While tightening the noose around Newton’s neck, he is also tightening the one around his own neck. I am watching this with keen interest. I want to see how it will end.
The score card so far reads: Mutembo Nchito 3, Edgar Lungu 0.
MUTEMBO GO AND SUE THESE SCUM BAGS .
BREAKING NEWS !!!
BA VJ SO YOU HAVE BEEN BOUGHT BY RB ,WASTE OF TIME EVEN IF YOU GO WITH THEM TO NAMIBIA IN THE HOPE OF GAINING SOME VOTES FROM SOUTHERN .
DONT BE A SNAKE VJ MWAANGA
PF BREAKAWAY PARTY SOOON WILL BE FLOATING
Fake Mutembo’s cases were popularised on internet by corrupt individuals, there are no facts that can stand in court.Mutembo never borrowed any money from DBZ,for example, but zambian airways were he was a shareholder did.Zambian airways is ligally an individual that can be sue even in liquidation.Mutembo’s liabilities are limited to his shares only.SIMPLE BUSINESS LAW.If you look at all the alleged offences,they are twisted facts and I can assure you that Mutembo is getting his cool six million Kwacha.Just ask yourself,the procedure of removing a DPP is clearly spelt out in the constitution (not an Act of parliament),why use a short cut,why use unconstitutional way when there is evidence to prove your allegations?
We warned Nguni that he is dealing with a mafia, he will steal even his dogs guarding ka house.
Mutembo has been surviving like that, ukukwibila ulemonako. Ask Chiluba’s boy Mwamba… he will tell you.
So after malicious survival this Mutembo guy thinks he is a star?.
Nothing changes the fact that Mutembo owes us (the Zambian people) 14 billion.
The fact that the court process was barred from proceeding does not in any way dilute the allegations that were leveled against the DPP.
Pay DBZ first before you start anything.
At this point I really wish I was Edgar. This Mutembo guy would have been gone by now. Enough of nonsense. Please Edgar, opposition will always oppose. Please drop this Mutambo for us. We need sanity. We need our money back. Criminals like Mutembo should not be allowed to prosecute people when they themselves are not clean.
@ 2 Tutu
The ball is in Nguni’s court. Let him show us his prowess!
Desperate effort by the DPP. It`s a checkmate. No winning move at the moment my friend.The only option is to escape if you can.
Wrong move ba Mutembo
@ 3 PK & 3.1 Lwengelele
Please explain. Why do you think it is a wrong move?
Poor chap feel it. RB, president of pf will assist pay the bill.
Eeeeeeh ba nguni wher r u goin to get tha money frm?
Money for what? He will be paid nothing .
I have never seen these levels of immorality. Mutembo is simply mad maybe needs psychiatric attention. Let’s pray for him!!!!
Shall we pray or pay for him? It seems he needs money more than prayers.
Chicola chobe you won’t get it shetani iwe
Nguni should pay to the State if it is the DPP office that has been brought into disrepute. But if it is to be paid to Ncito, then go to Court to see the matter to its conclusion as Ncito not DPP
I think our DPP is not fit for the job. From where i stand, Nguni has just been landed the very opportunity he lost through the so called nolle prosequi; unless indeed he was just being used and had no evidence!
Greed and arrogance leading him on….till he hangs himself…
Makebi Zulu and Co. I hope you have appealed here is a fat chance, how can he enter a Nolle and then ask to be paid! this chap is cheek and immoral!
By this action he has opened himself to scrutiny in a court of law. Mind you when it comes to legal matters ECL is much sharper than this “Job” guy.
EL you can pass though guy and not the law. RB and DPP must play the game until 2016 and by then we will have a new person in state House
This Mutembo chap is a crook! What malicious prosecution is he talking about? Was he prosecuted? Iam of the view that the tort of malicious prosecution can only arise if someone was successfully prosecuted and found not guilty. But was Mutembo prosecuted and found not guilty? The aspect of Nolle Prosqui which he entered unto himself can not be regarded as not guilty on behalf of himself. Someone can be discharged under Nolle Prosqui but later be re arrested upon ammendment of the indictment. Therefore, the case of Mutembo is not finished, its still hanging and in my sweet mother tongue we say that UMULANDU TAUBOLA!
Boss, have you read the story before you commented? The claim for malicious prosecution relates to the Chongwe case which was thrown out by the High Court on the basis that it was “out of jurisdiction”, that Mutembo normally resides in Lusaka and not in Chongwe.
Secondly, Nguni’s lawyers proceeded with the matter even when they knew that there was a High Court order quashing the arrest warrant.
That looks like ‘malicious prosecution’ to me!
Mutembo seems to be on very firm grounds. Nguni and company should have thought through their case before rushing into it. Let people learn not to start a fire that they cannot stop.
It said that you quit talking when you win to avoid uttering statements that make you lose ground.
This is a lame move because the allegations against him were not even proven false or dismissed by the courts due to the nolle he entered for himself. This is opening up the can of worms in the sense that the defense will say that they did not even have a chance to prove their accusations. They will then ask the court to give them a chance to prove them after which (and if proven false) he can claim damages. The second thing is that the protection he used for himself in the nolle was standing behind the office of the DPP. In this case he is claiming damages as an individual, which is a tricky thing to do. This will backfire!
btw code name for kin..”bangweulu” is mangubale ka-u-nga mule…..mya.
Mutembo knows very well that Nguni has no evidence because he has never done none of those things. That is why he asked Nguni to follow the procedure if he he had some founded allegations against him. This is to say that Mutembo is ready to be investigated and the investigation will produce nothing because the man is as clean as snow. So this is a good lesson to those immoral lawyers and their Nguni. If Lungu and RB are complices then this will be the end of them. Let them pay so that they do not abuse the law again.
We are cheering in the terraces , Mutembo Vs Lungu. We wait to see who will win .
Peace and Prosperity to Mother Zambia.
Fat desperate dudes do dumb things. I think one of these days Mutembo Nchito will enter a nolle on his own brain!
This Mutembo might be a crook, but he is a clever one. He has positioned himself to persist regardless of who is president.
His action is just a warning to anyone that might try and audit him.
Well done my friend, you know how to chew and keep chewing muyayaya.
Lungu is too dull to unsettle Mutembo. And some Zambians are so dull to even think there is a contest.
Every society has those untouchables, learn who they are otherwise you will persecute them at your own peril.
Let Lungu play with HH or Chipimo. That is his level. Don’t let him think he can punch above his weight.
This is the dead end of Mutembo Nchito. This time he wont escape, he is bringing enough rope to hang himself. Next thing you be fired because a Chewa a kuti “Nkhoswe ukankhala pa mphika sapheka” ECL fire him first to remove his immunity and then take him to court of law.
Like him or hate him, the law & facts are firmly on Mutembo’s side. It is trite law that anyone who sets in motion the machinery of criminal law without just & probable cause or actuated by malice must bear the consequences of his action.
Excellent move on the chess board. This is a sign that times, they are a-changing. It is not politics as usual. This time business must be paramount. It is time the domain of professionalism took back its own turf. I am tired of schemers and masqueraders. I trust Nchito will pursue this case diligently until the schemers are brought to their knees and knuckles…
Whatever fanciful notions people cook up; the most fecund is that which proves the character of Nchito.
This man is truly immoral. His condition before Christ is not of Favour. For this man loves money so much he would impose himself on the people who have a right to test his character and cleanliness.
This is a vengeful vat and puts the Judiciary in direct conflict with the interest of the people. Sometimes a wrong can exist so much so that it is not a question of winning a court case by points but by Right Thinking.
It’s irrelevant that Nchito is guilty or not guilty. It is the fact that he is guilty of not paying the citizens he owes money to. He can’t use the law he denies us; on us in order he is able to collect on a wrong he will not answer for. The Judiciary must…
It’s irrelevant that Nchito is guilty or not guilty. It is the fact that he is guilty of not paying the citizens he owes money to. He can’t use the law he denies us; on us in order he is able to collect on a wrong he will not answer for. The Judiciary must deny him his request if he presents to court.
Nguni do not budge but make capital of whatever comes after the seven days.
We need a patriotic soldier like the super hero Captain America in Zambia…Captain Zambia! He/She can go behind scenes and clean up gov’t embarrassments. This is a pug of a man. A whole Italian Mafia of Zambia!!
VJ BEING USED BY RB AND LUNGU THINKING CAN WOO SUPPORTERS FRM SOUTHERN NOOOOOO
GO AND ENJOY VJ IN NAMIBIA NO WONDER THOSE SILLY COMMENTS YDAY .
VIVA UPND FOR EXPELLING MONDE,SIAMUNENE AND NJEULU .
WHY DID YOU LEAVE UPND MINISTER DEPUTY KAFWAYA .
IF MMD AND PF ARE EXPELLING THEIR MPS ALSO EXPEL THEM .TIT FOR TAT
It is a fight. I can see!
pf should leave mutembo alone the man is very inteligent they should employ a layer from uk
There is nothing intelligent about Mutembo’s recent antics. Iam actually very dissapointed that the entire “DPP” can sink so low and start shooting aimlessly in the air. He is very much aware that he has not been prosecuted. Secondly, he is very much aware that he has not been found innocent by any court of competent jurisdiction to warrant the commencement of the tort of malicious prosecution. These two points are among the critical ingredients need to prove someone’s liability on the tort of malicious prosecution.
The question is what is wrong with this so called DPP? It is time the president constituted a tribunal to probe this chap before he completely messes up the justice system in Zambia
Mmembe is the godfather of the prefabricated crusade on corruption in Zambia, and he is the ally of the cartel which has prospered at the expense ordinary people. As a citizen of Zambia, I am very glad of Nguni’s firm stance and his decision to take –on the cartel. I believe that Nguni’s conduct and that of his legal team will serve our interests, we the people of the Zambia, much more than the foolish behavior of one of the worst DPP on the African continent. This is beyond “he said/she said” dispute, let ba President Lungu act.
President Edgar Lungu has proved to be extremely tolerant on the unusual behaviour of Mutembo Nchito. This legal crook has been given enough rope to hang himself. Yet Mutembo is still climbing to the highest peak of the tallest tree from where he will jump to commit suicide.
Mutembo Nchito granted himself a Nolle in order to close this case against him. What is he fishing from his wild claims?
There must be some hidden facts that props Mutembo’s courage to insult the Zambian Nation. In order to clear the air, the Republican President should establish a Tribunal that must investigate this insane Lawyer who invaded the Republican Justice system just to escape serious cases slapped on him. May be Fred Mmembe will openly come to the defence of his patner at the Tribunal.
Just give him an offer he can’t refuse.
DO NOT BE CHEATED, MUTEMBO KNOWS WHAT HE IS DOING. HE ACTUALLY KNOWS THAT HE WILL NOT GET ANY OF THAT MONEY. BUT HE IS TRYING TO SQUEEZE NGUNI AND HIS TANDEM OF THIEVING LAWYERS INTO THE TRAP. HE IS TRYING TO CREATE A SITUATION WHERE THEY WILL BE FORCED TO TRY TO PROVE THAT HE IS GUILTY IF THEY HAVE ANY EVIDENCE VIA THE RIGHT CHANNEL THIS TIME. AND THAT IS WHERE THE CATCH IS. NGUNI SHOULD NOW ARRANGE HIS “FACTS” VERY WELL. HE WILL BE GRILLED BY MUTEMBO BEYOND RECOGNITION. EACH OF THOSE ALLEGATIONS WILL BE HANDLED ONE BY ONE. MIND YOU, MUTEMBO IS NOT REFUSING TO BE PROSECUTED. ALL HE WANTS IS TO BE PROSECUTED IN THE RIGHT WAY, ACCORDING TO THE CONSTITUTION REGARDING THE DPP. NOT USING A KANGAROO COURT FROM CHONGWE. THEN THE CHICKENS WILL COME HOME TO ROOST IN THEIR RIGHT NESTS ON NGUNI.
Malicious Prosecution??? I think in Law you can make any noise. Nguni please expose this useless DPP.
@Mason Trailer. DO NOT SHOW YOUR IGNORANCE HERE. NGUNI HAS NOTHING TO COMPLAIN ABOUT. HE IS ACTUALLY BEING USED BY SOME SELFISH LAWYERS TO MISTREAT AN INNOCENT DPP. HOW DO YOU EXPLAIN THE REASON WHY NGUNI IS FAILING TO USE THE RIGHT PROCEDURE TO GET AT MUTEMBO? COMPLAIN TO THE POLICE AND LET THEM INVESTIGATE. IF THEY ESTABLISH A PRIMA FACIE CASE THEN REQUEST THE PRESIDENT TO CONSTITUTE A TRIBUNAL. SIMPLE. NANGU MWALIPATA UMUNTU BUSHE NIFI? TIME IS ACTUALLY VINDICATING MUTEMBO. THE OTHER APPROACH IS THAT IF THE PRESIDENT DOES NOT LIKE MUTEMBO HE CAN SIMPLY DROP HIM. BUT NOT THESE KANGAROO COURTS WE ARE SEEING WITH NGUNI.