Nothing wrong with Judge Chitabo U-turn on Nchito’s case

15
324
Lawyer Sakwiba Sikota
Lawyer Sakwiba Sikota

Constitutional lawyer Sakwiba Sikota says there is nothing odd about the vacating of a stay that put on hold the suspension of Director Public Prosecution (DPP) Mutembo Nchito.

High Court Judge Mwila Chitabo who earlier granted Mr. Nchito leave to apply for judicial review and thereby overruling the decision by President Edgar Lungu to suspend Mr. Nchito and constitute a tribunal to probe his alleged misconduct, on Friday the 13th of March discharged his own decision based on a Supreme Court precedent that held that judicial review could not be used to curtail proceedings of a tribunal because they are investigative in nature.

In an interview with Qfm News Mr. Sikota has observed that the decision by Judge Chitabo to overrule his own verdict does happen quite often.

Mr. Sikota has explained that what happens is that if a judge is faced with a matter which is said to be urgent the rule in the interim is to make an order that will be subject to further review either by inter parte or upon application of the other parte who had not been heard.

He says this means that the first order by Judge Chitabo to stay President Lungu’s decision with respect to Mr. Nchito would have been made based on the information only supplied by one side.

Mr. Sikota who is also opposition United Liberal Party (ULP) president states that what the High Court judge has done, after hearing both sides, decided that the balance was in favor of the State and not in favor of Mr. Nchito.
He says the Judge has made his decision having considered arguments which both sides put forward.

Mr. Sikota notes that Mr. Nchito can however apply for an appeal if leave was not granted to do so.

15 COMMENTS

  1. Of course there’s nothing wrong as he’s correctly interpreted the law and given reasons why he did so.

    • Pleeas tel the nega negans.

      They keep changing position.

      1. Guy scot muzungu opusa
      b.Guy scot is the best man

      2.Silvia masebo is usless
      b.Silvia Masebo is an asset

      3. RB is just ok
      b.RB is not not good

      4.Mutembo nchito is not good
      b.Nchito is good.

      5.GBM is not good
      b.GBM is good.

    • @Fyanta mbuzi

      additionally

      Judge Chitambo is good
      b. Judge Chitambo is bad

      Its only good when it feels their bellies..

  2. Judge Chitabo should have applied his mind in the first place knowing that there was a previous Supreme Court precedent. A lower court cannot make a decision which goes against one made by a higher court. The embarrassment is on the ‘learned’ judge.

  3. That maybe so with you Sikota, but from where I am seated it simply means that some of these judges have serious gaps with the way they interpret the law.

  4. Nchito is very smart.what has changed now ,nchito was appointed by the founder of pf and pf is still in power.do u mean all these pf ministers did not see it wrong at that time or is it RB at play.for me i would love nchito to stay becoz atleast we can see sanity and good governance as the executive branch will not abuse the law.next choose a speaker from the opposition.this way we can attest the separation of the three arms of govt ‘s independence.

  5. GOVERNANCE HAS GONE TO DOGS!!Fooliness and stupidity has overridden in some groups of Zambians!! Even when their father sick at home, they still ask him to drive in a highly congested road!! No one is excepted from the high cost of living!!

  6. Didn’t that know that u can’t stop an investigative matter? These are lies. There was political pressure. That’s why we say the dogs have come to the judiciary or the judiciary has gone to the dogs!

    • Anwebo bai, you cracked me up!

      Let us see how this saga unfolds. Hope the ‘PF drama of suspensions’ does not rare its head here.

  7. Just reminding UPND people , the ratification of Nchito was rejected by opposition MPs in Parliament. Now the tables have turned, Nchito is a darling for UPND.

  8. This is infact what makes Mutembo a suspect and fowl that must be removed. It shows that he is political piece applied not to fix those perceived as enemies of a state the cartel want to create
    Mmembe and Mutembo knows no boundary and friend except the brought in dead (BID) Winter Kabimba

  9. Hold on Sakwiba Sikota has been represent Banda and is a leading lawyer for Banda so it’s not a surprise to see this coming from him. The acting SG went to the resident of the judge and demanded to the judge to rescind his first ruling therefore it’s a govt throwing the shorts in the three branches

  10. ‘Mr. Sikota who is also opposition United Liberal Party (ULP) president…’

    REALLY?

    It is like Mrs Masebo, Mrs in name only.

Comments are closed.