Lusaka High Court judge Mwila Chitabo has put on hold a tribunal constituted by President Edgar Lungu to probe misconduct and alleged acts of impropriety by the Director of Public Prosecution, Mr. Mutembo Nchito.
The Lusaka High Court ordered a stay of the tribunal,after granting Mutembo Nchito leave to apply for judicial review to determine the constitutionality of President Edgar Lungu’s tribunal.
The President appointed three former chief Justices to the Tribunal namely Hon. Mr. Justice Annel Silungwe (Former Chief Justice)-Chairperson,Hon. Mr. Justice Mathew Ngulube (Former Chief Justice)- Member,Hon. Mr. Ernest Sakala (Former Chief Justice)-Member and Mr. Mathew Zulu (Secretary).
The Tribunal had been tasked with 8 Terms of reference as follows:
1. Investigate allegations that the Director Public Prosecution (DPP) has repeatedly abused the authority of his office by indiscriminately entering nolle prosequi in cases in which he is alleged to have an interest of his own to serve, namely:
(a) The People vs. Shubert Sinkala, where the DPP had not even seen the evidence from the Complainant;
(b) The People vs Hakainde Hichilema, despite knowing that the Attorney General had advised the DPP that the State had appealed against the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional;
(c) The People v. Lameck Phiri;
(d) The People V. Rajan Mahtani and John Peter Sangwa;
2. Investigate alleged misconduct or misbehavior of the DPP whereby on 20th February, 2015 the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case thereby defeating the ends of justice;
3. Investigate the DPP’s alleged uttering of a false document procured by means of false and fraudulent representation to Mr. Justice Gregory Phiri, Judge of the Supreme Court, under Cause Number 1998/HP/2097 whereby he inserted and sneaked in two extraneous paragraphs in an order of court thereby misleading the Court;
4. Investigate the DPP’s act of intentional disrespect to judicial proceedings and to Mr. Justice Nigel Kalonde Mutuna, Judge of the High Court, in particular, between 1st January, 2011 and 31st December, 2012 by walking away from the Court;
5. Investigate the allegation that the DPP has taken over matters in which he has a conflict of interest relating to his business partners (Fred M’membe and the Post Newspaper Limited) Rajan Mahtani (Creditor) thereby going against his statement made before the Parliamentary Select Committee of the National Assembly of Zambia chaired by Honourable Lucky Mulusa that he would not take over such matters;
6. Investigate allegations that the DPP connived with and instigated officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr. Brebner Changala and Mrs. Agness Kawandami whereby the DEC swapped vermox tablets also call Mebendazole used for de-worming human beings that were found in Mrs. Agness Kawandami’s belongings at Mr. Changala’s residence with what was said to be Metamphetamine or Ecstacy;
7. Investigate the alleged misbehavior of the DPP whereby on or about 8th May, 2013, he purportedly took over the prosecution of his known business allies Mr. Fred Mmembe and the Post Newspaper Limited without declaring conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court;
8. Recommend to the President whether the DPP ought to be removed from office for above allegation