THE Patriotic Front (PF) has described as legally incorrect an action by High Court judge Mwila Chitabo to stay President Lungu’s decision to suspend Director of Public Prosecutions (DPP) Mutembo Nchito.
On Tuesday, President Lungu suspended Mr Nchito and appointed a tribunal comprising three former chief justices to probe his alleged professional misconduct.
Mr Nchito, however, applied for judicial review of President Lungu’s decision in the High Court on Wednesday and Mr Justice Chitabo granted him the request, which also acted a stay of the tribunal.
But PF secretary-general Davies Chama said in a statement issued yesterday that Mr Justice Chitabo’s action is not only illegal, but also disrespectful ,which should not go unchecked.
“It is sad to note that the judge decided to directly disrespect the Constitution by openly showing contempt for President Lungu,” Mr Chama said.
Mr Chama has called for an immediate probe by the Judicial Complaints Commission (JCC) to establish the premise Mr Justice Chitabo used to suspend decisions made by President Lungu.
Mr Chama is further calling on the Law Association of Zambia (LAZ) to investigate the alleged misconduct of both Mr Nchito and Mr Justice Chitabo who are lawyers regulated by the organisation to bring “closure onto this matter”.
He said the JCA and LAZ should immediately investigate why all matters involving Mr Nchito are allegedly allocated to Mr Justice Chitabo.
Mr Chama wondered why Lusaka High Court judge-in-charge Isaac Chali allegedly always allocates cases involving Mr Nchito to Judge Chitabo.
He wondered whether other judges on the bench are not competent enough to handle Mr Nchito’s cases.
“We advise acting Attorney-General Abraham Mwansa to immediately ensure that the Tribunal is re-instated and a censure on Judge Chitabo for showing wanton disregard for the office of the President and the constitutional powers that go with it,” Mr Chama said.
He said President Lungu set up the tribunal in utmost good faith, honest and deep belief that if Mr Nchito is innocent, he should face the tribunal and clear his name.
“Our culture does not condone those that deliberately disrespect elected leaders. Mr Chama said.
Below is the full PF Statement
STATEMENT BY PF SECRETARY GENERAL DAVIES CHAMA ON HIGH COURT JUDGE MWILA CHITABO’S STAYING OF PRESIDENT EDGAR LUNGU’S TRIBUNAL DECISION ISSUED IN LUSAKA ON 12TH MARCH 2015, LUSAKA
Members of the media, it is with a heavy heart that I speak to you today about a legally incorrect decision High Court Judge Mwila Chitabo has taken to over-turn a decision of President Lungu to set up a Tribunal and subsequently suspend Director of Public Prosecution (DPP) Mutembo Nchito.
It is sad to note that the Judge, whether acting on his own free will, or under some coercion, collusion and decided to directly disrespect the constitution by openly showing contempt for President Edgar Lungu.
His action is not only illegal, it is disrespectful and must not go unchecked in order to maintain the respect of the office of the President and the person that holds it, in this case President Lungu.
On behalf of the party and the great Zambian people that voted for President Lungu therefore, we call for the following:
1. An immediate probe by the Judicial Complaints Commission aimed at establishing the premise Judge Chitabo used to suspend decisions made by the elected Head of State.
2. The Law Association of Zambia (LAZ) must immediately probe the misconduct of both Mr. Mutembo Nchito and Judge Mwila Chitabo as lawyers regulated by the organisation in order to bring closure onto this matter.
3. An immediate probe into why all matters related to the investigations, prosecution and suspension of the DPP Nchito are handled by Judge Chitabo on recommendation of the assigning Judge. In other words, why is the assigning Judge, Isaac Chali always giving Judge Chitabo cases that have something to do with the suspended DPP? Can’t other judges handle these matters? Other Judges on the bench are not competent enough to hear Mr Nchito’s matters? It is these questions that beg for answers.
4. We advise the Acting Attorney General Mr. Abraham Mwansa SC to immediately ensure that the Tribunal is re-instated and a censure on Judge Chitabo for showing wanton disregard for the office of the President and the constitutional powers that go with it.
We would like to make it clear that Zambia is a country of laws, therefore, law breakers shall not be allowed to reign supreme at the expense of millions of law abiding citizens.
In setting up the tribunal, it was President Lungu’s honest and deep belief as a lawyer, based on the Blackstone theory that: “”It is better that ten guilty persons escape than that one innocent person suffer”. He did it in utmost good faith.
The President deeply believes that if the DPP is innocent, he must face the tribunal and clear himself rather than hide behind a stay, when he himself initially said only a tribunal could state whether he remains in office or not.
I would like to conclude by stating that our culture does not condone those that deliberately disrespect elected leaders. We must always show respect following allegations of gross impropriety.
We hope the relevant interest groups will act to correct this anomaly of humongous proportion that casts the name of the President in bad-light and the entire judiciary into question.
Also we would like to remind Judge Chitabo of the 2003 incident of Judge Anthony Nyangulu who had to feign malaria after being found on the wrong side of the law, when he ruled against President Levy Mwanawasa’s decision to appoint Ministers from the opposition.
The other case Judge Chitabo might like to acquaint himself to in differing with the head of state is that of the Chief Justice James Skinner of post-colonial Zambia who had to yet again feign a “sick leave “after differing with a youthful and forceful Dr Kenneth Kaunda, the first President of Zambia after making a ruling Kaunda did not agree with. Judge Skinner had to “flee “to Malawi.
We do not want Judge Chitabo to go on “sick leave “or feign “malaria “as concerned citizens. We just want him to do the right thing.
Signed: Davies Chama
Title: Secretary General
All that I can say is we in kitwe are all behind the leadership of his excellency edgar chagwa lungu and have given him all the support he needs.thank u
It happened to the tribunal appointed by the Late President Sata (MHSRIP) headed by the Malawian Judge Chikopa to probe, coincidently, misconduct of judges in an issue Nchito was involved in. Nobody in the ruling party raised issues.
What is the fuss now?
These PF guys are now obsessed with Mutembo, nabateka infine
without thinking?
Correct. Kitwe here we come. Ifintu Nilungu.
PLIZ DEAL WITH THIS JUDGE HE CANT BE DISRESPECTING OUR PRESIDO,MY VOTE IS STILL VALID AND WILL BE RENEWED IN 2016 FOR ANOTHER EDGARS VOTE.
ALESUSHE VOTE LYANDI UYU CITABO.
What’s the avenue that the President should take on this matter? Nawakwi said the President should intervene and when he does, Nchito’s friends decide the President can’t intervene. That’s what Chitabo’s saying here. Nchito’s daring the Presidency too much. I hope he’s not relying on Mmembe – he’ll be used as sacrificial lamb if he’s not cautious with Mmembe’s advice. Anyway, EL’s very resolute!
WHO IS THIS SCRUFFY MAN BY THE NAME OF DAVIES CHAMA MWEBANTU ?
IS HE A LAWYER OR JUST AN IM BE CILE ?
WONDER IF HE GRAZES MAVUZI AS WELL COZ HES SO SRUFFY AND DULL IN THE HEAD.
Why is Mr Kenneth Kaunda ever at functions like Youth Day, swearing in of ministers and the like. Does he have nothing else better to do?
Does Mr Edgar Lungu have family apart from his wife Esther? Do these two have children?
KK is finished, now he is been paired with any cadre like Davies Chama.
Just cage the lunatics and clean up that rotten judiciary. Idi Amin would have said “don’t event waste your time and money on them, just send firing squad” even though I disagree with this but there are certain things that need to be taken care off in the interest of the people. These individuals have shown disrespect to the Zambian people and should be dealt with firmly. In Europe they used to chop their heads off, no wander europeans are so disciplined.
Chama is bordering on contempt. The constitutional concerns raised by Nchito are at the very least worth investigating. The learned judge is right in stating that if indeed some of the issues that the tribunal is set to look into are part of a case currently before the high court then there exists a possibility of interference and prejudice. The precedence about to be set here will have far reaching implications in Zambia he separation of powers between the judiciary and executive. The judiciary is very protective of its integrity and rightly so. Chama better be careful. This was a STAY. Temporary ruling pending further review. The accusations he is making against the learned judge are very serious.
Is Chama educated or is he just talking so that he supports EL? Does he understand what a “stay” is? He is dangerous and will mislead his cadres. He say,” it is disrespectful.” To whom exactly? Problem is Chama likes kow towing.
Like I stated earlier, the Attorney General as government’s chief lawyer should appeal to the Supreme Court for a stay of Mr Nchito’s stay. Ever since the Chongwe subordinate court saga, the same DPP has cried foul that he is not being given a fair hearing. The tribunal gives him that chance, a very good chance and if dissatisfied with its ruling, he can pursue the matter further up the legal channels. But he has changed goal posts and still crying foul.
But of course we know what he wants to do by taking the route that he has taken: he will take over the case and enter another nolle for himself.
Now if this guy does not want a tribunal, there is only one other way: does he want a summary dismissal by the President? For that can be done legally, constitutionally and morally.
@ Chief Cadre
The “Terms of Reference” lack one important question: Did the DPP act alone or with other person/s?
As it stands, it can be interpreted that Mr. Nchito has been used as “escape goat” to cover-up almost 3 1/2 years of arbitrary actions or inaction’s not just by the Office of DPP but also by the Minister of Justice.
As to the “Constitutionality” of summary dismissal, please can you mention relevant statutory provision?
Regarding “morality” of and extrajudicial act, please try to understand basic principle of law. There is no morality without backing of the law.
And Chama got his law degree where? PF dunderheadism, talking from his butt like most PF members and cadres.
This Chama is indeed dull. When Sata appointed a tribunal the court stopped the proceedings and at some appoint the court ruled that the tribunal was illegal.
Our able secretary general then for PF Wynter Kabimba did not go to the press to denounce the judiciary for going against the decision of the President. So what has changed to day? Please Mutembo apply to court for contempt and have this Chama chap caged. This is a very serious contemptuous statement from Chama.
Whatever differences you may have with Mutembo you can not incite the cadres to lock the offices of civil servants.
Zambian work up and ensure that in 2016, dull chaps like chama are not in government.
Is chama in gvmnt? Who is dull nw?
Why does Mutembo want a fair hearing while he denies his accusers the same chance by entering nolles for himself and his associates?
With the pattern of behaviour of Mutembo of taking over cases in which he and his associates are accused, he will enter more nolles as long as the case is in normal courts. What we must realise as citizens is that he is denying his accusers and other interested citizens their constitutional right to be heard.
That is probably why the President has had to come into the picture, for only in him have we reposited the power to arbitrate between citizens and constitutional office holders, or indeed between citizens, via such instruments as a tribunal. How else would powerless citizens get our grievances heard? The only option is anarchy, do we want that?
This Chama is indeed dull. When Sata appointed a tribunal to probe judge Mutuna, Philip Musonda and Kajimanga the court stopped the proceedings and at some appoint the court ruled that the tribunal was illegal. To date the case is still in court.
Our able secretary general then for PF Wynter Kabimba did not go to the press to denounce the judiciary for going against the decision of the President. So what has changed to day? Please Mutembo apply to court for contempt and have this Chama chap caged. This is a very serious contemptuous statement from Chama.
Whatever differences you may have with Mutembo you can not incite the cadres to lock the offices of civil servants.
Zambian work up and ensure that in 2016, dull chaps like chama are not in governmen
Chief Cadre
You read before you comment. Do not be like Chama. Some of the issues in the terms of reference raised by your Lungu border on constitution matters and some of them are before the courts of law. So your president should wait for the courts of law to complete the cases otherwise we will have two issues in court being discussed in the tribunal.
This is a problem when you are in a hurry to sort out an individual and you end up messing yourself. On this issue Lungu has really messed up and he is going no where. You president can do well by concentrating on:
(a) High levels of un employment
(b) Fuel shortages
(c) Kwacha depreciation
(4)
Chama is dull Is he the PF spokes person on legal matters?
ZAMBIA, HOW DO CADRES “DARE” A CONSTITUIONAL OFFICE ? ZAMBIA, WHERE TO??
The concerns raised are very genuine but you don’t advice the Attorney General instead you seek his indulgence,and you don’t fight a legal battle using culture but you quote the law.
Chama is just one DARK BLACK IGNORANT ***** in Zambia. Ignorance of the highest order, if you don’t have anything to say, you are considered wise if you keep quiet than when you choose to display your dangerous ignorance in Public, please leave matters of the Judiciary to one of the three arms of the Government which is the JUDICIARY. What your sick half baked lawyer Lungu is doing is interfering with another arm of Government.
The cartel needs to have the head decapitated kwasila, and Zambia will be peaceful forever. The time has come, the head of the cartel has to be separated from the rest of the body and the time is now for PF and well meaning Zambians to do that. I won’t elaborate the details but you will see very soon something will happen, and people like Nchito will just deflate themselves because the head won’t be there to support them.
You are the chaps who are misleading the president and therefore making him make haste decisions and become a laughing stock.
You need to understand the word stay , in judicial language. You also need to know that there are three separate arms of power in this country,namely the judiciary, the executive and the legislature, that’s why the president (executive) is sworn in by the chief Justice (judiciary), the chief Justice is also appointed by the president but ratified by the parliament (legislature), while the legislature is elected by the people. In short the judiciary has the powers to stay the decision made by anyone including the president for review. that’s the whole essence of separating the powers.
Why is LAZ mute on this sensitive issue? When people, based on ignorance, are planning (not threatening) to take the law in their hands
, you’re just quiet. Why is the Association in place. I was with the view that their role among others was to give some guidance and clearance on judicial matters. From the language coming from the PF youth cadres and the SG, the next target is the high court judge who made a stay
Chama and all PF cadres, please note that ECL is not the almighty in this country. we are all governed by the rule of law…. think and read the constitution before you talk or incite hooliganism in your already drunk cadres.. there is need for you to understand what separation of power is. Am not a sympathizer of Nchito but i cant help and lament at your ignorance.
PF had brought Judge Lovemore Chikopo to chair a Tribunal and the guy was appointed by the President. That Tribunal never took place coz of the Courts. We never saw Sata o whoever was SG of PF then threatening violence!Wat meks EL so special n above the Law on this one?B Chama pliz look at the judicial precedence set n don’t b a clown about it.
We all know RB is pulling the strings and all u puppets r dancing to his tune.Mutembo is no saint but the way u r handling his matter makes u look desperate as PF n that gains the guy public sympathy.
With a lawyer in the driving seat, the rule of law ought to prevail. The president takes action as leader and then any Zambian that is not comfortable takes grievances to the court of law. Please avoid a scenario where justice becomes a monopoly of national leaders. The process has started and we must ensure that the logical conclusion is reached. After the High Court, there is the Supreme Court. When the existing laws are obselet, then the legislature will do its duty, i.e., to amend exiting laws or to establish new laws.
Just a bit of history: At the height of the liberation war in Angola two white Portuguese soldiers strayed into Zambia and were arrested. At that time the Chief Justice was a white man called James Skinner. When the case reached him, Justice Skinner dismissed the case as mere mistake by the accused since there was no marked boundary where these soldiers had crossed into Zambia. This sparked demonstrations and riots by Unip Youths against Justice Skinner and forced him to flee from Zambia. In short, I want to advise those in charge of our courts not to take the independence of the judiciary as absolute. As they make rulings, they must remember that justice is about people and their feelings must not be dismissed as a mere nuisance.
Totally agree with you Ndaje. Some of these Zambian judges are bloody useless nincompoops, they need sorting now.
I agree.
Another tribunal needs to be set to probe Judge Chali and Katabo.
The President should just be firm on this, otherwise stupidity will continue.
that’s wen I know that there are so many dull pipo in Zambia, their supporting culture of their preferred candidate as just made them dull and blank. how can you honestly blame Chama D for commenting on the tribunal set by the president? cant u see he was jst in order to do that and if anything this judge chitambo was suppose to wait for the president and deliver his concerns. that tribunal ws jst set in the interest of Zambian pipo. anti government u jst oppose blindly even on the things u know nothing, consult before commenting and u don’t know y nchinto is being protected. have u ever seen an innocent person to be protected for wat?
The Quesition here is did the Judge Error in giving DPP a stay of Execution?
The President ORDERED that DPP be suspended and a tribunal put in place to probe his him. That is correct and within his mandate. DPP went to court where he raised some issues and he obtained a Stay of Execution. That is correct and the law does provide for such.
By issuing a Stay of execution, the Judge is simply saying that, the ORDER issued by the President is put on hold, so that the issues raised by DPP are addressed, after which the judge will make a Ruling. Now depending on the ruling passed, it will have an influence on the proceedings of the ORDER by the president.
So please be advised there is nothing wrong with the decision made by the JUDGE as by law, he is correct.
@15.2 Think tank reloaded: LAZ died a long time ago. Like EIZ, lawyers are now interested in money more than the welfare of the nation. How many time have heard that a lawyer has stolen a poor clients benefit? Many!
There is a case where former employees were claiming separation packages. When the case seemed to be going anywhere, the lawyer abandoned her clients. Late last these people won the case and this lawyer resurfaced to claim that the check be in her firms name while another firm was also claiming the same check. Up to now these people are still going to court over the matter. That is LAZ for you. Law now is a craft of making obscenely huge amounts of money
This is all nonsense.
The Judiciary in Zambia is slower than any where else in the world when it comes to dispensing with corruption cases before it. Mambilima was accurate in her chosen entry agenda to make sure that the Courts are NOT just seen as going through the motions BUT that the actually dispense with the cases on hand.
There is a desperate need to blow wind through our Judiciary. There is a problem. Either they are so ineffective because of they are not educated enough to deal effectively with gov’t cases OR there is too much interference by interest groups.
The solution is to find the cause and people behind this problem and make A CLEAN SWEEP. Removing and replacing Judiciary officers.
Let’s reason with one another.
If the actions of Judge Chitabo was to protect DPP Nchito, on grounds that outstanding cases before Judiciary may cause DPP some ‘injustice,’ then we must turn back to the Judiciary and ask WHY THEY ARE SOOOOOO SLOW in dealing with corruption cases? The outstanding cases on appeal are because of their decadent louche timing in Hearing cases effectively without always looking for approval from past ‘English law’ cases. WE WANT A ZAMBIAN JUDICIARY, BASED ON OUR NEEDS.
I am always for the Rule Of Law and civil obedience and support of the Judiciary. But on this matter of the DPP and gov’t corruption cases that ‘never’ end, only to DIE out; I AM FIRMLY AGAINST THE JUDICIARY.
As for o the youth in Zambia; I say to you; THIS IS YOUR COUNTRY AND FUTURE.
Violence is not acceptable BUT CIVIL PROTEST IS YOUR RIGHT. GO AND SIT OUTSIDE THE HIGH COURT, SUPREME COURT IN SILENT AND PEACEFUL PROTEST.
LETS DO A MAHATMA GHANDI (SP) ON THE JUDICIARY. Let them see you in silent peaceful protest. March past their windows. Wear your protest T Shirts and let them know you are unhappy with DPP. KEEP IT UP UNTIL Judiciary understand, DPP can’t escape the noose.
WE THE CITIZENS WANT TO PICK HIS POCKETS TO FIND IF THEY ARE CLEAN. Nothing wrong with that.