DPP Mutembo Nchito
DPP Mutembo Nchito

Pretoria, (Wednesday, 11th March 2015) — Following the establishment of the Tribunal to investigate the allegations of impropriety and misconduct of the Director of Public Prosecution, Mr. Mutembo Nchito, His Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia, has set eight Terms of Reference to help establish facts and proposed recommendations, besides the scope of investigating the said alleged acts of misconduct and acts of impropriety.

Below are the Terms of Reference set for the Tribunal:

Terms of reference for the Tribunal to investigate the Director of Public Prosecutions Mr.Mutembo Nchito, SC

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

Amos Chanda
Special Assistant to the President
Press and Public Relations

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81 COMMENTS

  1. Are the typographical errors part of the ToRs? Such a shame coming from the highest office in the land. Why is this urgent- coming from the hospital bed?

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    • We know it’s Lungu trying by all means necessary to remove RB off the hook from his corruption cases pending in court currently.

      The economy is plummeting, Lungu & RB are running out of time with the former being intoxicated with malaria.

      RB, your corruption cases are not going anywhere, not the way you freed FTJ. This time around RB, uzagena muchilonganino mambala.

      Lungu is wasting time, when we form the next govt, all cases which were committed by these recycled will be resurfaced so that corrupt elements can face the reality of our rule of law.

      Remember PF, mulandu su~o~la!

      The Skeleton Key
      ~206~

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    • See now the results of “Chagwa Agwa” post headlines; why do you guys hate each other so much…?

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    • Mutembo, here is ammo number 1. Procedure.

      Who sets the ToRs? President.
      Can E Lungu having taken leave in order to set the ToRs?

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    • You do not get it. Collapsing is not an illness. It is normal for a person to have such a disorder. The facts are that you really have to be morally inept to defend (directly or indirectly) a person with cases like Nchito or Mmembe have. In case you are not aware, Nchito knows very well, nearly as much as Mmembe does that HH would not even waste his time in prosecuting such people. It hurts genuine businessmen to watch men like Nchito and Mmembe, Willie Nsanda get wealthy due to government connections and road contracts etc. Do not be deliberately stupid!

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    • Whilst the Zambian economy has continued going down all ECL can think of is this? Surely Mr President, as you are lying in that bed in a foreign country, think about BIG issues like upgrading your own hospitals. Please look around you and ask yourself if you can fail to have in Zambia hospitals like the one you are in. And above all Mr President, think about the Zambia people you have left behind who can not afford such privileges.

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    • I cannot praise Lungu enough for the decisions he has taken over Mutembo Nchito. To have let Nchito get away with what is now public knowledge would have sent the wrong message to all Zambians and this act, take sanity back into the Judiciary.

      This DPP will perhaps be the first to have been of such crookedness in the history of Zambia. Nevermind the audacity to demand for a total of K6bn (old currency) in damages from the Lawyers and the complainant Nguni.
      The man shows no remorse and has no shame whatsoever. What figure shall we as Zambian’s demand from this man who has single handedly damaged the reputation of one of the key offices in the judicial system of the country?

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    • He is unwell but He is still the president. Doesnt mean because he is sick then he has to go into the abyss.. Yeah Good!! Zambians says tribunals never works, now this is a different approach. This is perhaps a more transparent president Zambia has ever had

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    • 8. Recommend to the President whether the DPP ought to be removed from office for above allegation

      I HAVE LIKED THIS KINDA EXERCISING OF THE POWERS BY THE PRESIDO. NOT COMMANDING ALL THE TIME. AND HE TRULY IS VERY OPEN FOR ZAMBIANS TO FOLLOW THRU THE TRIBUNAL’S INVESTIGATIONS. GOOD WAY TO JUSTICE, I GUESS..

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    • ZAMBIA TOO MUCH “MFWITI” SO U WOULD LIKE TO HEAR THAT YOUR “PRESIDENT IS UNWELL AND CAN’T WORK”? GENTLEMEN YOU CAN BE EVIL, NO WONDER WE HAVE A HISTORY OF LOSING PRESIDENTS.. TO MUCH VI MFWITI PA ZED

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    • All this has Ruphia Banda written all over it. It’s now personal and RB is out to get Mutembo by using this robot of a president chagwa agwa

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    • DPP is supposed to above board all the time. Once one occupies such an important office, lives of many depend upon his judgement. He has erred in many cases and it seems he has taken care of his financial interests before State’s interests. It is an open and shut case. Days of the jackal are numbered. No amount laundering by the Post and UPND cadres will save him. More they blabber, more the rope will be tightened around Nchito and his financiers, Rajan Mahtani, Fred M’membe, Hakainde Hichilema and a few others. Nolle does not mean the cases are closed. They can be , and all probability will be, reopened and the money launderers, manipulators and thugs will see the backend of maximum prisons.

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  2. Sent from Pretoria, in which capacity?? Edgar is sick and need medical attention. Zambia sent you for treatment, not to work. Milpark Hospital is not Mfuwe bwana. We don’t want excuses, that “fatigue”.

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    • @Nostradamus,
      Indeed in which capacity in Pretoria? Is this to confirm that Zambia is a RSA district?
      If you have noticed you will see that these Zambian leaders especially RB and Lungu look much happier and feel so much at home in RSA than in Zambia. Zambia is in big trouble!

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    • ZAMBIA TOO MUCH “MFWITI” SO U WOULD LIKE TO HEAR THAT YOUR “PRESIDENT IS UNWELL AND CAN’T WORK”? GENTLEMEN YOU CAN BE EVIL, NO WONDER WE HAVE A HISTORY OF LOSING PRESIDENTS.. TO MUCH VI MFWITI PA ZED

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    • @Nostradamus
      kekekekkeekek! dont forget that ku south bwali cheap, so holiday makes sense ku pretoria than ku mfuwe

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    • THE PRESIDENT HAS VESTED INTERESTS IN ALL THESE CASES,NGUNI MESSED UP AND NOW THE MASTERMINDER HIMSELF IS TRYING TO CLEAN UP THE MESS,BUT NCHITO IS NOT A SMALL BOY ,IT’S NOT OVER YET,IT’S JUST THE BEGINNING OF THE DRAMA.

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  3. We know it’s Lungu trying by all means necessary to remove RB off the hook from his corruption cases pending in court currently.

    The economy is plummeting, Lungu & RB are running out of time with the former being intoxicated with malaria.

    RB, your corruption cases are not going anywhere, not the way you freed FTJ. This time around RB, uzagena muchilonganino mambala.

    Lungu is wasting time, when we form the next govt, all cases which were committed by these recycled will be resurfaced so that corrupt elements can face the reality of our rule of law.

    Remember PF, mulandu su~o~la!

    The Skeleton Key
    ~206~

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    • to u everything is lungu,ulefwaya ukuya mukunya ati ni lungu,walwala diarhhoea ati ni lungu,your wife is caught in adultery ati ni lungu,u missmanage your business ati ni lungu,some of u are polygamists living with a family as though its an extended family-u suffer bcoz of this ati ni lungu, Nchito misbehaves ati ni Lungu, Membe owes DBZ 14million atyi ni Lungu, HH hammers Maureen for 10 hours in Golden Peacock hotel ati ni Lungu

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    • @Skeleton
      Are those charges not explicit enough to warranty the tribunal? I know one or two of them are directly linked to RB but even without those there is enough to kick out this corrupt and evil minded character from such high office for the better of the nation.

      Besides, the evidence Nchito personally canavassed from Nigeria is simply another “case to add” to the list because in all honesty there is not shred of evidence against RB to warrant a criminal case before the courts of law. Especially when compared to some of the cases involving Mahtani where Nolles have been entered…

      You are a wise individual but simply insulting your own intelligence with you “forced blindness to the truth and reality”…

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    • You have never graduated from posting very dull comments chi skeleton! Jane Mulenga could not put any better. What has Lungu done to you chee color…why can’t you make sense like the likes of It’s a worry and St Sweet something, for their blogs always make sense…iwe walifulwa fye, ninshi akuchita Lungu alikene ba noko? Ahhh, never seen such bitterness, from last year sure…nangu ulafulwa tefyo mwee!

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    • @Jane Mulenga, well said. Skeleton is just a party cadre, no heart for suffering Zambians. No heart for future generation and ending the vicious circle of promoting and protecting the interests the criminals, illuminati, cartel, money launderers and manipulators. Late Mwanawasa was MMD, he worked under late Chiluba but he set the ball rolling to put law above criminals, especially high-end criminals, politicians included. Now Mr. Lungu wants to continue on the same path, there are a number of misguided remnants of MMD, PF, UPND who wants to make everything political, personal and petty.

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    • Kekekekekekeee Robin ndiwe silu!..ati bokosi monga nimukzai…bokosi ya mu boys ikachile ya Jean Kapata..kekekekekeeeeeeeeee!!!!

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  4. I hope in all this Rupia will still be prosecuted for his crimes. Mutembo Nchito is just being used as a scape goat. Ba Lungu please don’t dissapoint us. Ba Rupia nibakawalala!! Mbovu ngati zizagwela pa mwana Tandi! Kuipa bati.

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  5. Limo you should learn to keep quite if you don’t have anything worth to say. Have you guys been employed to comment negatively on whatever Edgar does? Some of you are always here. Maybe ni Insala!!!

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    • Tell us what good thing has he done so far? Collapsing? Firing people? Trying to protect RB or threatening people? Dont just be a praise singer even if you are a cadre. Try to be objective.

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  6. Uulelishe ingoma, nouleshana, ICHIPUBA NICHISA?????????

    NIWEBO WEULETAMBA.

    I am sure this answers most of you bloggers.

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  7. Good terms of reference. They are not ambiguous. In fact the 10th and possibly 11th terms should read:

    10. Whether or not upon removal of the accused DPP, a jail sentence of 10 years with hard labor may take effect. As by implication, removal of the DPP means the said DPP is guilty of the offences and liable for conviction and express imprisonment.

    11. Determine whether the K14 billion debt owed to DBZ by the accused is not enough cause for Zambians to demand a piece of stake from any part of their liking from Mutembo’s body.

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    • @TUTU

      Good thinking!! You speak for everyone!

      Perhaps Life Sentence, with Hard Labour. Ruining other peoples lives and livelihood is unacceptable in a civilised society.

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  8. So this is Lungu’s plan “B” in trying to get rid of the DPP!! He sent some lawyers first and this failed so he has decided to go for Plan “B” to suspend the DPP pending any enquiry. Vindictive and ruthless.

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  9. Typical of the i.diots at Lusakatimes. Trying to cheat people that Chagwa Agwa is well and working. These Terms of Reference were released yesterday at the time of setting up the Tribunal. Other media reported. When you have nothing to write about on Agwa just shut! I.diots!!!

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  10. This Mutembo without inchito is a CRIMINAL, he should be CASTRATED with immediate effect.

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    • Mr Analysis Corner,
      I suppose you have proof that he is a criminal? Then come out like a man and say it to his face and see how quickly he will sue you for K2,000,000.00!

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  11. Despite the humuliation Mutembo is going through, yet there are already many learned colleagues who are vying for this office with an appaling history.

    I would rather be on the Supreme Court Bench like their Lordships Wood and Malila. There you are safe, but even the High Court Bench is ok. Not Attorney General especially…..you are discarded as the politicians wish.

    Lawyers work hard instead of running to constitutional offices…big risk!

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  12. BY THE WAY ,WHERE IS THE SO MUCH TALKED ABOUT JUDGE CHIKOPA WHO WAS CALLED BY MR.SATA TO COME AND MAKE EASY MONEY IN ZAMBIA.

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  13. Zambians and not all are playing with running of a country like football!! This power and peace we are misusing in the name of tribalism,one day some we’ll cry for it!! A head of state is an officer of officer but despite warnings, and because of greed,Injustices and selfishness,Mambilima and her relatives can give presidency to a sick and drunkard person on the expense innocent pipo to get positions!! As long as force and bloodshed prevails nothing can succeed!!OTHER WISE REPENT OR FACE THE WRATH OF GOD AGAIN! Anyway we are waiting for 2016!

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    • Iyoo wise or isn’t unwise, you are extremely a sad human being. Your rumblings are so humiliating that you should totally dig a hole and bury yourself if that is practically possible! bloody cunt!

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  14. The battlelines are drawn. This will not be pretty. As the saying goes “if you want to engage in a mudslinging contest, you ought to be ready to get your hands dirty”.

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  15. So these matters as outlined, warranted the arrest executed in Chongwe? What about judge Mwale’s ruling that the accusations were baseless? Be warned, the Lord is on the throne-He is the ultimate Judge!

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  16. VERY FEW OUT THERE CAN MAINTAIN CALM WHEN CORNERED!

    JUST SEE HOW THIS LEARNED MAN HAS HANDLED IT!

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  17. Just waiting to see Zambians seat back and use God’s name in vain to masquerade their lack courage to step see the truth. lol.. Zambians lol…

    Our family members are dying because of poor health care. How hard is that to understand.

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    • I tell you!!!! I sometimes wonder, is there something that Zambians eat that makes them so unreasonable. The thinking of many Zambians is so “opposite”.

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  18. Imagine by miracle HH became president would you be happy if we were insulting? I ask most of you big time losers to mature a bit. Most of the time you condemn senselessly. Even when a person is eating chicken you say its beans or delele. Give credit where it’s due. Sadists you will die nobupuba. His Excellence,the only President of the country called Zambia,get well soon and come and punish ba mukukulu.

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    • HH will never President of Zambia it’s finished Rainbow has come to split UPND votes watch the space kkkkkkkkkkkkk

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  19. Pa Chichewa timati.” ukaziputa limba!” . A Nchito imwe limbani poti yanu nthawi yafika. Koma musatukwane ngw’ena nkolo ikali m’madzi yayi. Kumbukilani a Nchito kuti khoswe wa tsindwi adaulula wa pa dzala. Koma muziti mukakhala, inu tengani buku lopatulika ndipo mulape kwa Yehova. Anthu aba sazakukhululukilani inu koma Chauta basi.

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    • You should have translated your comment, it makes a hell lot of sense. You are as wise as your paramount chief KALONGA KAPHAMBE NSONSOLA GAWA UNDI. I hope i spelled it correctly.

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  20. In the terraces we are watching. Lungu has retaliated a tantalizing blow on Mutembo, Mutembo is gone staggering but strong in that inclined position while Lungu is waiting to unleash the finisher , but I can see Mumembe getting ready to assist Mutembo, its no longer boxing but wrestling. Ohh I can also see RB getting ready to help Lungu. Yayaya, its getting exciting guys. Please cool yourself as you watch this boxing-wrestling game.

    Peace and Prosperity to Mother Zambia.

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  21. this is what we want!!!!!!! sort them out one by one, Zambia is bigger than the evill cartel. we do not want evill people

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    • Be patient! Wait for the tribunal to do its work and only then can you tell who is the criminal.
      Was Nguni right or wrong in Chongwe?
      Were Nguni’s accusations ever investigated? By whom? The police? By Nguni?
      Is Magistrate Mwale right when he ruled that the DPP was in order to enter the ‘nolle’?
      Do not pre-judge the tribunal.
      We shall see who the ‘complainant’s are. Are they the same discredited lawyers? RB’s lawyers?
      Let’s wait & see.

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  22. If I remember correctly most you condemned Sata for not acting on Membe and Nchito over the DBZ and other issues. But today you ve a president who can actually do what you were yearning for and alas you start condemning him. What kind of a president do you want kanshi? A military minded one so that he whip your asses when you air out divergent views!!

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  23. This is just fair. Let NCHITO exculpate himself. After all he has shown us all that alinwa law! Let him spit the law now….

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  24. If Mutembo Nchito is innocent, he has nothing to fear. It is the guilty who are afraid. By the way, let not some people talk of Nchito as if he is infallible. No human being is infallible. Let the due process of the law take its course.

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  25. Those against the appointment of the Tribunal to prove the allegations may have been to school but came out without any brains. Mutembo has been accused of multiple corruption and the surest way to put this charade to rest is to try Mutembo so that he can be prove guilty or otherwise. I for one I happy because this a forum I have been waiting for to find out how my relative was hounded out business by Mutembo and Mwanawasa. If allowed I will appear at this tribunal.

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  26. Now watch how the POST NEWSPAPERS will discredit all the Judges on the tribunal. They will undress each one of them – day after day after day.

    The cartel is powerful and difficult to crush…

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    • It is sad that you accept that the Cartel is stronger than yourself and will of the Zambian people. Fred Mmembe has started a battle that he will not fight. This will turn dirty.

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  27. Where is the morality of PF? Most of the accusations on Nchito were made by the opposition before and PF was busy defending him. Surely we Zambians have been fooled for too long. Shall we continue being treated like fools?

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    • It is not PF but the fear of late Sata that was making it look like PF’s agenda. The moment Mr. Sata was gone, panic set in the camps of Kabimba, Nchito, M’membe, Mahtani, Mwenye, GBM, Chenda etc. Time to account for all the excesses is now. It is PF that is going after the criminals. You are welcome to defend them in courts of law. More the merrier.

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  28. Go Go Go go go RB.
    Assist Edgar, never been long in that hot seat.
    RB is now the defacto leader in Zambia.
    PF cadres ‘muchaya yiti nomba’.
    Kulilila ku utsi basi.

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  29. Zambia is going nowhere. Where is the morality of PF? Most of the accusations on Nchito were made by the opposition before and PF was busy defending him. Surely we Zambians have been fooled for too long. Shall we continue being treated like fools?

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  30. The results of the tribunal findings will cause others to die! Of what, you may ask? Or who, you are still asking? Just wait and see! The results may actually be withheld while Acting DPP will execute all functions of DPP including entering nolles so that ECL’s promise to free RB is fulfilled. I feel sorry for the honourable former chief justices appointed on the tribunal. If they are truly men of the cloth, the results will never be known til a new bye election or election is held. The motive is to keep Mutembo to shut up and not exert any influence or power. So that the smooth transition of making RB as PF veep is achieved!

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    • ECL said he will let the law take its course and that he will not interfere in any way in any case before the courts. In short even if RB is found guilty by any court ECL as the president has powers to pardon him the following day, if not the same day. By using the pardoning route ECL will not have abused his position as the head of state.

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  31. President Lungu come back and sort out your arrogant DPP Nchito he has appealed some judge has given him stay of your tribunal these are the friends the cartel have planted in the high courts. He is now undermining your authority as head of state this guy.

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  32. The president entourage expenses in RSA. Total number of entourage is 40 comprising of officials from: State house 10; Foreign affairs 5; OP 3, Health Ministry 5, EL and family 10, ( wife, son and daughter, plus relatives), Defense (pilots and concierge staff) plus Rupiah Banda and relative’s.

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  33. Cost: Hotel nights average is $500 per person. Per Diem on average is $1000 per person, plus incidentals. The president is estimated to be in RSA for 3 days, total cost is estimated to be $500, 000 a far cry from MCS European, Asian and Middle east excursions where it is estimated that the president was burning over $2million per excursion. There you have it Zambians ifintu Ni EL.

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  34. Instead of fighting the falling Kwacha, high cost of mealie meal and shortages of fuel, the Sick Drunkard choses to fight the DPP.

    What has the DPP has got to do with the economy of Zambia?

    I pray that Edgar :Lungu comes back in a casket so that Zambia can reclaim its diginity.

    Rupiah Banda has done more harm than good to Zambia.

    Edgar Lungu please be informed that I was one of the more Zambians that were happy of your sickness because you are the most useless President.

    I wish your sickness can take you today tomoro may be too late.

    Edgar Lungu; you are a cursed President. You are possesed.

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    • Let the Almighty God hear your prayer and take you to the grave to meet your ancestors who gave you such a warped head. President is not for one or two but the nation. If we do not have love for fellow human beings we are possessed of demon. You need an exorcist to visit you.

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    • How much was mealie meal when RB was President and how much was the Kwacha selling against major international currencies? If anything you should be praying for RB to come back if you were able to think logically that is!

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  35. Mutembo Nchito knocked out KO the only option is resigning to pre empty the Tribunal finitoo

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    • Either way The People win! He really must see he will gain nothing in facing or not facing the Tribunal. If he manages to con his way out of this sack; the people will always see him as damaged goods. His time is up, he as no authority because the people do not trust him.

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  36. Terms of reference are similar to the allegations Newton Nguni presented before the courts. Or is it a matter of brotherhood?
    President ought to have done better than that. Besides, don’t take people for granted.

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  37. we can not have organisations in the country that do what they want and every body dances and is afried like mushota,ya ,not any more,

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