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

FOLLOWING an urgent application by Acting Attorney General, Abraham Mwansa to have the Judicial Review granted to Mutembo Nchito be discharged, Judge Mwila Chitabo has thrown out Mutembo Nchito’s application.

The Order that reinstated Nchito to his position also falls away.

The members appointed to sit on the Tribunal are expected to be sworn in by the Chief Justice Irene Mambilima.

Mr Nchito was seeking a declaration that President Lungu’s decision was unlawful as it contravened regulation 6 of the NPA Act number 34 of 2010 and a prohibition to restrain the President from otherwise interfering in the operations of the Director of Public Prosecutions office.

Yesterday, Judge Mwila Chitabo had overruled President Edgar Lungu and reinstated embattled Director of Public Prosecutions (DPP) Mutembo Nchito who was suspended on Tuesday for alleged professional misconduct and impropriety.

Judge Chitabo, who also presided over the Chongwe arrest of Mr Nchito, had signed an order prepared by Nchito and Nchito law firm and ruled that the decision of the President to set up a tribunal against the DPP and his suspension, including all other decisions incidental hereto, be stayed until after the hearing of the summons for judicial review hearing or until further order.

Judge Chitabo has stayed the Annel Silungwe Tribunal appointed by the President to probe Mr Nchito who has been accused of an array of offenses including forgery and fraud.

Mr Nchito had been granted a stay pending an interparte hearing scheduled for Monday 23 March 2015.

Mr Nchito had argued that the decision by President Lungu to suspend him and constitute a tribunal should be quashed because it attempted to delve into issues that were subjudice for contravening the National Prosecution Authority Act number 34 of 2010.

In particular, Mr Nchito felt that the President was interfering in the operation of his office and wanted damages for misfeasance in public office.

Presidential spokesperson Amos Chanda when contacted for a comment on the Judge’s decision to halt the tribunal from South Africa, declined to comment but referred the author to Articles 56, 57 and 58 of the Constitution.

Article 58 of the Constitution spells out the powers of the Head of State to remove the DPP from office without giving any explanation and if the President considers that the question of removing a person holding the office of the DPP from office ought to be investigated, then he shall appoint a tribunal which shall consist of a chairman and not less than two members who hold or have held high judicial office.

In an order granting leave to apply for judicial review, Judge Chitabo directed that the tribunal, suspension of Mr Nchito and other decisions made by President Lunge had been stayed.

Mr Justice Chitabo had set March 23 as the date for inter parte hearing. “It is hereby ordered that the application be allowed and that the said applicant do have leave to apply for judicial review as aforesaid.

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89 COMMENTS

  1. Its like the judge has sacumbed from the threats of Edgar Lungu a mortuary and Embassy park client.

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    • Edgar Lungu and the PF has succeeded in forcing judge Chitabo to rule in favour of them on issues concerning the DPP.

      its like the PF and Edgar Lungu have alread farmy found the DPP with a case to answer seeing from the way they have handled the whole issue of the DPP.

      Rupiah Banda might now be smilling in his farm seeing that his tricks have now worked.

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    • Nchito is not against the idea of appearing before the tribunal but he is dragging his feet because of the composition of the tribunal; Nchito ousted out Richard Sakala for misconduct and the same has been appointed to chair the tribunal; Any sane person would refuse because the expectations or the outcome is already compromised on the personal conflicts. It will be pay back for Richard Sakala and thats what Ncito is trying to avoid…where is the independence of the judiciary here?…cry my beloved country

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    • But appoint on the Tribunal only Easterners: Sakala, Ngulube, Zulu, is it not just better to mix it a bit even if one wants to get a certain result.

      Lung pls sober up, yu did not put yourself there. Yu were put there by people and especially PF who fought tooth and nail to ensure you went to plot one. Don’t think yu are smarter than the rest.

      Also start working, continuing on the development agenda of MCS (MHSRIEP)). People are watching. Know that 2016 is very very close.

      RB will derail u. Work on yo health quickly and start leading the Nation. We are tired of yo appointment and disappointments. We did not vote for yu for that.

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    • @cicle mata.richard sakala and ernst sakala are two unrelated persons.EL appointed Enrst sakala the ex.chief justice.richard sakala is not part of the team.EL just want to dismantle the cartel linked people.

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    • Iwe, ulecindika abantu.

      If you have nothing to contribute to the news article, please don’t say anything.

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    • Zambian Watchdog has reported that Lungu has been missing the ARVs medication for too long.

      Where is Brebner Changaya to have a medical board instituted & verify that Lungu is not fit to run the country?

      Why the delay when the evidence to start from is there! Let not what happened to Sata also occur to Lungu. The report further says “Indian & Pakistan” are the only options but best back to Zambia b’coz the economy is rotting.
      If really people care, let Lungu step down on medical records, Donchi Kubeba will not work anymore & face reality PF cadres.

      However, leave the DPP alone, Mutembo Nchito is Sata’s vision & lets respect that office.
      Lungu,RB,N’guni, Chanda & Chama will be in for a rudely shock. The DPP is staying!

      The Skeleton Key
      ~206~

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    • While Lungu is busy creating enemies, UPND, this is your opportunity to accelerate your campaign for 2016. It’s just a few months from now.

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    • Which law are these lawyers and judges practicing? There is something called “precedence” which none of them seem to have any recognition of.

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    • Mutembo Nchito next put an injuction again .
      RB should not win this case,hes the one after you so that 2016 he stands.
      Guys correct the economy stop this bull shit .
      Easterners why do you want to hang on we don’t want you us bembas we say no nononono

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    • I have the feeling that three learned judges will deliver a report that will set the tone of DPP’s office for years to come. I always felt that DPP shall be able to enter a Nolle only in cases where he has recommendations from at least two of his subordinates and he shall produce the same in court and for public scrutiny. Nothing shall be decided and live and die in his head.

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    • @Maps: Uzikhala naulemu. Bakuphunzitsa bwanji, Iwe galu yamene yilibe nzelu yiluma na mwini wache. How do you wish your president dead? You should taught a lesson. Ukambila kumavwaro yako.

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    • Skeleton is a biased person. Anything good coming out of PF government is bad for him. He is a paid mercenary.

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    • GENUINE PF MEMBERS WHY ARE YOU ALLOWING EDGAR LUNGU AND RB TO BE CONTROLLING YOU LIKE THIS AT YOUR EXPENSE.
      GUYS KWENA ELECTIONS JUST NEAR THE CORNER AND RB IS CONTROLLING YOU .FROM MUTEMBO NCHITO WILL BE SOME OF YOU MINISTERS
      ALREADY THE ONLY PERSON LUNGU TRUSTS IS
      RB AND HIS PEOPLE HE HAS BROUGHT AND THERES A LIST OF NAMES RB WANTS TO STAND AS MPS
      THE OTHER ONE HE RELY ON IS DR NGOSA SYAMBAKULA.
      THE REST BANE LIKE BENA KALABA,MWILA,CHIKWANDA ,KAMPYONGO FORGET
      WE KNOW THATS WHY WHEN WE SAY STAND UP FOR YOUR PARTY YOU THINK CAMWANO SEKA .
      YOU CANT SEE HOW MULUSA,MVUNGA,MWALE,KAINGU,SIMBAO,MWANAKATWE ARE SO HAPPY BOASTING THAT WE ARE RULING AND YOU ARE THERE SAYING BA LUNGU BA LUNGU DONT SAY WE DIDNT WARN YOU .
      UKWALI NSOKWE TAKWAFWILE BANTU .
      WAKE UP FROM YOUR SLUMBERS .

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    • BREAKING NEWS FROM MR LIAR AMOS CHANDA
      EL HAS BEEN OPERATED ON AND DISCHARGED BOTTOM LINE IS CANT OPERATE ON HIM DUE TO MANY COMPLICATED AILMENTS THE MAN HAS .
      DOCTORS TOLD HIM TO GO BACK OR PROCEED TO PAKISTAN OR INDIA SO TO COUNTER ACT THE TRUTH BY ZWD AMOS CHANDA ISSUED A STATEMENT THAT BEEN DISCHARGED

      GUYS DO YOU LEARN THOUGHT YOU LEARNT A LESSON FROM SATA

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    • @skeleton sometimes you should learn to keep quiet,always talking nonsense about the president ,we the zambians choose him and we are happy with him.Over your mutombo ncito wait and see how the story unfolds…your constant attacks wont take you anywhere…Nchito story is already in the archieves.

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  2. We all in kitwe,are in support of the leadership of the president edgar lungu.and we urge all to refrain from issuing insultin statements to the president for u’ll b dealt with severly.thank u

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    • The one shitting in his pants in all this is MuMmembe. He had it all calculated on how he was going to install his friend after HEMCS passed on.

      Ala’s his ways are not God’s ways. Every dog has it’s day they say eh eh

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    • ACHALASIA
      8% CHANCE OF DEVELOPING THROAT CANCER PERIOD .
      BOTTOM LINE LUNGU BEEN TOLD BY THE DOCTORS TO GO BACK TO ZAMBIA OR PROCEED TO PAKISTAN AFTER DOING AN ENDOSCOPY TO ACCESS THE THROAT PROBLEM AND THE PROGNOSIS WAS POOR KWASILA
      AMOS SHUT YOUR DIRTY STATEMENT IN YOUR STINKING MOUTH

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    • That is why HH will never rule this country. Even if the president resigns today Hichilema can not go through. There are too much haters in his camp, just check the comments from his fools hey very evil. How can some one who wants to become a president of this country create and continue funding the Zambian watch dog whose agenda is peddle lies, insult Bembas and their tribal cousins, talking evil on every sitting president and on the other hand wants votes from the same people? A satanist will never rule Zambia, after president Lungu has finished his time in state house God will give us another leader not HH ,Winter Kabimba or any body from the evil cartel.

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  3. Great news out of our judiciary for once. I hope this tribunal will accord Mr. Mutembo Nchito an opportunity to exonerate himself from these grave accusations. By thwarting any judicial review, he wad merely setting himself as a target for prejudice. He just has to accept this move and prepare his strong defense

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    • What goes up MUST come down…the cartel went up and its time for it to come down – period!!! We cant continue to be ruled by criminals

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    • @above board, so true. You speak for silent majority across the country. Arrogance is like a hot balloon, one heat is gone, it falls with a thud in the wilderness of death.

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    • Mutembo Nchito you can run but you can not hide till the same law catches up with you.
      Prepare to face the three giants my brother it is pay back time.

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    • @Lwelengelele your coments are out dated your thinking that un less a presidential candidate is supported by Bembas then he can’t win are outdated.Under the first pass the post one can win with simply maximizing votes in 3 or 4 regions.How ever iam not saying it a good thing ,what we need is unity,but if others are not ready then they will just have to accept the situation like the Tongas are doing right now for a short time only.

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  4. Kangaroo courts pa zed..is it the same Judge who yesterday who made the opposite decision? Looks like whatever pressure was applied on him worked. I am not a fan of Nchito and his little minions but those of you who fail to see RBs hand and his eventual acquittal should take a class in politics 101. RB is getting back what he was promised. He is the president in all but name and everyone knows it. It will be interesting to see what happens mu 2016. His Lungu going to run for his own term?? I have many doubts he doesn’t seem to have the impetus or zeal for politics and the presidency.

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    • The problem with many of u commenting don’t understand the law.what judge chitabo did was to give DPP chance to be heard on his concerns about the tribunal,after which the ruling will be made & it’s exactly wat has happened.
      article 58 of the constitution is very clear.

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    • If RB has a hand in this, he has done a very good job. The cartel need to account for arrogance of Nchito, post editor and Kabimba

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  5. The South African doctores have refused to treat Lungu because they do not want to be held responsible if they hand him over in a casket. This is due to his advanced HIV status, diabetes, liver damage, kidney failure and alcoholism. They do not know where to start. No wonder he is bent on vengeance.

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    • @ 6 Voice of reason

      It’s time for PF to start looking for another sick presidential candidate.

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    • I work in a lab which handled ECL specimens. You tell me which doctor at Milpark said that? sorry ECL would not allow your mad doctor Canuias Banda or what ever his name is any where near him. Please give us the names of the doctors who said that. Here in SA any doctor who signs a report will put their name on it. For your information such decisions are not carried out by doctors on their own but with a pathologist report from a lab. Some of those results you people are flaunting about take more than 72 hours to come out and ECL has not been in hospital for more than 48 hours. Only stupid back wards UpDn supporters will listen and believe such rubbish.

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    • Even if Lungu dies today we will still pick another sick pf Leader to lead us! For your information, this time we will look for somebody admitted to UTH to stand! UPND will never rule this country. My advice to you, secede!!!

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  6. Edgar Lungu is really a dictator. Even in the mortuary he is able to make some appointments and pronouncements.

    Edgar Lungu will die before the end of August 2016 and his burial may take place by 14th September 2016 and by the end of 2016, the Kachasu Man will be rotten in Embassy Park.

    Personally I have no mercy for Edgar Lungu a man without a vision.

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    • We all in kitwe advice u to withdraw that statement b4 u invite a lot of trouble on yourself

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    • Hamark the one who knows when some one will die is God …. you may be surprised that EL may be live beyond the date that you have pronounced…. please let us not take politics to such levels where you wish someone dead…that sounds more like witchcraft and you expect people to turn their hearts and support UPND?

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    • @Judge Book Chitabo. PF doesnt have a healthy member, they are all sick and no wonder someone says on this platform they will pick another sick member to stand as president. I hope he was referring to Willie Nsanda or Harry Kalaba.

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  7. Your excellence your decision is being supported by well meanful Zambians.Mutembo Nchito thought he was a great man and by him going to court he is fearing the consequenes that will follow his action. Newton s third law of motion states that to every action there is an equal and opposite reaction.Rupiah danced to the tune of Mutembo now it is Mutembo dancing to Rupiah

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  8. Dear bloggers please lets comment on the composition of judges assaigned to do the work of a tribunal, is it fair for the dying president to appoint only people coming from one region where he comes from?

    Edgar Kachasu Lungu is a typical example of a tribalist.

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    • Give names of those who will feet in these shoes please instead of just barking based on “he shall appoint a tribunal which shall consist of a chairman and not less than two members who hold or have held high judicial office “

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    • This composition of Judges is mostly retired Chief Justices – is it Lungu’s fault that Eastern Province has in the past contributed the highest numbers of Justices? Grow up!

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  9. The level of debate is absolute no sense. Is this why we fight for freedom of expression just for purposes of vomiting diarrhea? Am so ashamed with this level of debate, explains why this country is poor!

    All the best Mr. President get well soon.

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  10. @Cycle Mata-Point of correction. The chairperson of the tribunal is The former Chief Justice Ernest Sakala and not Richard Sakala-Chiluba’s Spokesperson.Be sure of what you are saying,Have facts and dont just talk because everyone else is talking

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  11. Game on Baby, delaying the inevitable only serves to offer momentary reprieve but when the inevitable eventually catches up to you; it will hurt E=M x C squared more!! This is a typical case of the UNSTOPPABLE FORCE i.e. E.C.L coming head on Vs. the UNMOVABLE FORCE; Mutembo Nchito… As the saying goes, something has got to give

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  12. deep down in our hearts we all know that what mr. Nchito was attempting to do was abuse of judicial process. You can argue whichever way you like but that will not change the fact that we have a president.

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  13. Thank you Ladies and Gentlemen of the Judiciary, your Honours. It is good for the Judiciary to be for the people.

    The DPP should be held in a Cell or under House Arrest. He cannot go against the President’s orders after Nolle for this, Nolle for that. I mean you can’t just ‘Nollify’ everything!

    This is a prudent move. DPP has an opportunity to show us his integrity by honestly answering the charges.

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  14. The STAY was granted ex parte! Now that the AG has argued the government position the judge can lift the Stay. Like I said earlier some of us are not on Nchito side but I support the arguments he raised in protection of the office he holds. Next move supreme court which will probably rule in Nchitos favour. This battle has just began.

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    • The judge must be probed. Imagine the President fires minister and the minister goes to court to stay that dedecision and the judge agrees, isn’t that chaos? We wait and see

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  15. Political pressure at all levels. Looks like the judge’s arm has twisted and he had no choice. I’m surprised that the PF spokesperson wasn’t cited for contempt of court.

    Come to think about it I recall that the judge Chikopa tribunal was delayed for months (if not indefinite) because there was a judicial challenge against it. So the idea that the president’s decision can’t be challenged is a fallacy.

    Anyway like someone has pointed out let Mutembo exonerate himself and let him spend his valuable time preparing for his defence.

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  16. Even if kwacha reaches ZMK100 to 1USD, EL will win, HH will lose
    Even if they find him with cancer, EL will win, HH will lose
    Even if he keeps falling or fainting whatever, EL will win, HH will lose
    Re brand HH or Kabimba. EL will win
    Make so much noise on DPP, EL will win
    We shall always rule, govern, eat and enjoy while you cry mabisi.
    kwacha is not performing well not because of EL but international economic fundamentals which HH has no clue of. HH will lose
    WHY
    Halibelela Hukulusa. Hakesa Hakalusa. Hachimbwi Hippo, Hamafi Hanunka. Hatonga Hanunka. Forever

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  17. ONLY IN ZAMBIA..A JUDGE WILL FIND YOU INNOCENT AND THE SAME JUDGE FINDS YOU GUILTY IN THE SAME COURTROOM WITH THE SAME OFFENSE…JUST EXPLAIN TO ME HOW THIS IS POSSIBLE??? SO PF HAS TAKEN OVER THE JUDICIAL SYSTEM…..SHAME ON YOU LUNGU….COME 2016 UZACHIONA CHINAMETA

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  18. Lungu is very dull. He has very little time to make an impression but he doesn’t realise it and the way he is taking lightly his illness not seeing the damage its doing to the Nation, smiling about it showing his teeth. Its ubelievable

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    • Seriously Lungu couldn’t have learnt from MCS how he made the delopment of the Country his 1st priority. Am sure Miles Sampa would have done better or even Lubinda or Chenda. Lungu is a disaster, may the Lord help us. Only God can help us in this situation

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    • He is now ‘open’ about his illness , which is kind of irritating. Why did he stand when he knew all along he was not healthy. His ‘openness’ is not making sense because now it’s too late

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  19. Please Zambia, we have more pressing issues to deal with than spend time and energy trying to play cat and mouse with these crooks. Our kwacha is loosing ground, projects are being abandoned, fuel shortages, the list goes on. Surely why should an entire country be held to ransom by some useless individuals? We are sick and tired of them and the quicker someone sorts them out the better. Cage the baggers or ask them politely to leave the country, otherwise the youths should take over and do a citizens arrest and end this drama once and for all. Why should we put up with this gloom and doom, day in day out?

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  20. Lungu busy playing hardball with Mutembo whilst the economy is dying….
    Ba Zambia finshi mulefwaya natwishiba fwe bene eeeeh Lungu eeeh Lungu eeeh Lungu eo tulefwaya x2 via singing

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  21. Lungu has an “explosive cocktail” of diseases; HIV and AIDS, rotten liver and kidneys, cancer, alcoholism, and the mixology of diseases goes on and on. Lungu is a moving sarcophagus. Stop him from wasting national resources there in South Africa. Self-inflicted tragedy and cataclysm.

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  22. Mutomba or is it Mutembo, has tried to ran but surely, he could not find any place to hide! All legal gymnastics are proving to be futile for poor Mutomba! This is an excellent lesson to Mutomba’s allies especially unholy Membe who has failed to come out in the open to declare his political interests but hides in his paper, the “Past”. Look at how he tried Chalwe Mchenga, look at how he treated former Chief Justice Mathew Ngulube! Surely, the cartel is being dispersed!
    God bless our motherland!

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  23. Politicians are settling scores and the judiciary are being used against one another. This mess in the judiciary is worrying. Lungu, it’s not your travels abroad that will enhance Zambia’s image abroad but it’s issues of governance like this. How can you improve your international image with a divided, partisan judiciary? Meanwhile the economy is crumbling and we are not seeing any deliberate efforts to address this. I wish Davies Chama could also hold a press conference about the tumbling kwacha. Where are our priorities as a country. Awe mwema politicians mulebomfyako ifimitwe fyenu ifyo ifikulu for better things and not for negative things.

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  24. @Ba cycle mata, b4 yu cry 4 your beloved country dont embarass us its not Richard Sakala who is on tribunal but Earnest Sakala! And if he removed him of misconduct why cant he be removed for misconduct? Even when people where framing fake allegations against him, he sunk so low and misconducted himself by enteting a nolle in his own case! Hasnt he heard of conflict of intrest? If anything, he should have been arrested by the ACC for abuse of authority of office! Its like a judge hearing a case where he is an accused or the Commisiner General for ZRA waving of customs duty in goods that he is yhe importer!

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  25. The actions and conduct of a substantial number of members of the legal fraternity in Zambia is not inspiring, tending to act, in critical cases and at critical times, like confused juveniles.

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  26. No matter what UPND does awe sure they won’t win until they change their game plan. Mark my words. Rainbow will surpass them ngati Basobela, bazakakotela Mu opposition .

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  27. I cannot wait for the time when the president in Zambia will have less powers and less authority. It is like in a dictatorship regime, it is just not right for one person to have so much power. Appointing judges, DPP, Ministers, permanent secretaries, diplomats, you name them. Then you expect them to be professional? In an animal kingdom maybe. Everyone must humble themselves before the president and lick his balls!

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    • Ain’t that the whole truth? Once appointed in a plum job you don’t have to please voters or serve them diligently bcoz you only need to please Mr President.

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  28. Lungu…do unto others as you would like them do unto you…i didn’t know you have such a bad heart Mr Lungu..you cheated Zambians with your fake humility…shame on you. No wonder you now playing games with giving Zambians the new constitution…you seem to be enjoying so much power and your influence over our judicial system. Every dog has its day and your day is coming in 2016..Mutembo will sort you out together with your fellow easterners Rupiah…you won’t fool Zambians again…NEVER

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  29. Eish, Bembas,Bembas,Bembas why do you have to be the tribe that always divides,weakens and destroys the foundations of Zambianism?

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  30. uluse kuli BA upnd cos their hh wil neva lead zed the hatred they exhibit has decompaigned for them owe I’m feeling pity

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  31. Why should you be Tonga . Bemba or Northerner or Easterner or Luapulan or Muchingani is laka

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  32. Mzambia wa zamani , have lost your bearing. This is not about the Bembas vs anyone or tribes . It’s about the president Lungu vs the DPP through hatred and nothing else. Cartel who are these ? Mutembo is not Bemba he hails from Luapula province where Davies Chama comes from. What is sad is the level of PF interfering into the Judicial making such threats. Mutembo is not an angel so as Lungu or those who want the blood and soul of mutembo. Game is on there will be character Assassinations and that will burn and expose the true colours of the naked emperor

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  33. Mzambia wa zamani , have you lost your bearing. This is not about the Bembas vs anyone or tribes . It’s about the president Lungu vs the DPP through hatred and nothing else. Cartel who are these ? Mutembo is not Bemba he hails from Luapula province where Davies Chama comes from. What is sad is the level of PF interfering into the Judicial making such threats. Mutembo is not an angel so as Lungu or those who want the blood and soul of mutembo. Game is on there will be character Assassinations and that will burn and expose the true colours of the naked emperor

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  34. May we have the swearing of the Tribunal ASAP . The writing is on the wall. Mutembo, Mmembe and Kabimba are going to have it rough. It is Curtains for the Cartel.
    The UPND can continue hallucinating – again and again they will be caught on the wrong side. On the wrong side of what is right. And on the wrong side of the Voters. Objectively analyze issues without any biases. No rational person can support the abuse of the judicial system by Mutembo.
    As for the Church mother bodies who can see what is happening and are visible by their silence, the people can see. We are able to add one and one. Dont bore us with the Constitution Blah Blah , and your Pastoral Letters on Fuel , when we can see the Politics at play.
    For LAZ, this is a Discredited Organization which is fit 4 the Dustbin.

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  35. The move to suspend Nchito and to constitute a tribunal should have been done ages ago when Sata was President. Mark my words he(Nchito) is going to appeal to the Supreme court to buy time. That is way lawyers operate these days in Zambia. They can argue that black is white when the facts still remains that black is black.

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  36. Nchito should be smiling on how gullible the UPND leadership is; suddenly UPND leadership have became so sympathetic to Ncthito just because the lost elections and to them any person that has fallen out of favour with the government is a friend of UPND. It so surprising how people could be turned into stupids, they have completely forgotten how the country is owed billions of kwacha by the curtail, I am really shocked by the cheap politicking of the UPND leadership.

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