First Republican President Dr Kenneth Kaunda greets Chief justice Irene Mambilima as PF General Secretary Davies Chama looks on at the Freedom statue during the commemoration of the Youth day
First Republican President Dr Kenneth Kaunda greets Chief justice
Irene Mambilima as PF General Secretary Davies Chama looks on at the
Freedom statue during the commemoration of the Youth day

Chief Justice Irene Mambilima will tomorrow swear- in the four-member tribunal appointed by President Edgar Lungu to probe suspended Director of Public Prosecutions (DPP) Mutembo Nchito for alleged misconduct.

This is according to a Press Release made available ZANIS by the Tribunal Secretary Mathew Zulu today.

The Tribunal will be chaired by retired Chief Justice Anil Silungwe.

The other members of the Tribunal are retired Chief Justices Matthew Ngulube and Ernest Sakala.

President Lungu appointed the Tribunal on 10th March pursuant to Article 58(2) and (3) of the Republican Constitution.

President Lungu has set eight terms of reference for the tribunal to help establish facts and propose recommendations besides investigating Mr Nchito’s alleged misconduct.

Among the eight terms of reference is for the tribunal to investigate and establish how Mr Nchito took over a matter he was an accused person in and discontinued it by entering his own nolle prosequi therefore defeating the course of justice

In this matter before Senior Resident Magistrate Lameck Mwale last month, Mr Nchito was accused of criminality.

The President has also tasked the tribunal to investigate allegations that Mr Nchito repeatedly
abused the authority of his office by indiscriminately entering a nolle prosequi in cases in which he allegedly had an interest of his own to serve.

The cases include ; the People versus Shubert Sinkala where the DPP had not even seen the evidence from the complainant, the People versus Hakainde Hichilema; despite the DPP knowing that the Attorney General had advised him (DPP) that the State had appealed the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional.

Other cases are the People versus Lameck Phiri and the People versus Finance Bank owner Rajan Mahtani and lawyer John Sangwa.

President Lungu also said that the tribunal should investigate Mr Nchito’s alleged uttering of a false document procured by means of false and fraudulent representation to Supreme Court Judge Gregory Phiri.

Mr Nchito will also be investigated for conniving with and instigating officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Brebner Changala and Agness Kawandami where the DEC swapped vermox tablets used for de-worming human beings that were found on Ms Kawandami’s belongings at Mr Changala’s residence with methamphetamine.

Another term of reference is that the DPP should be investigated for purportedly taking over the prosecution of Mr Fred M’membe and the Post Newspaper without declaring a conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court.

Upon conclusion of findings, the tribunal should recommend to President Lungu whether the DPP ought to be removed from office based on the allegations.

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21 COMMENTS

  1. Iam not PF but I pray for Lungu to have long life so that he deals with the CARTEL harshly especially mmembe.mmembe has done more harm than good to this country.

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    • ‘There will be no schools anymore and there will be no hospitals, all they are building are prisons-prisons (Lucky Dube).

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    • PF under Lungu is a finished party. They are witch hunting. RB’s hand is all over. How can President bring in honest businessman who has created thousands of jobs in all this tribunal thingy? Tribunal shall concentrate on political and civil service issues.

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    • I totally and fully support this. Mmembe is a devil. He has caused more harm to Zambia as a whole than good. One day, and hope that day is not too far away from now, he needs to be put in his place.

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    • There is nothing being achieved here.
      It’s a case of one cartel replacing the other.
      Your government is very weak.

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  2. Yes; the cartel is a pain in the neck, and needs to be clinically and permanently incisioned from the nation’s political milieu!

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  3. Nchito will come up with one his stupid legal tricks to try and frustrate the tribunal he needs to be termed those wise men from the east will sort him out I believe.

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    • He has no option but to attend the tribunal. The only option he has to throw in a towel and retire from his position

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  4. Can you tell the nation about the free fall of kwacha,fuel shortage not this issue of paving way to clear RB
    Its time you started working

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  5. Nchito has immunity provided for by the constitution so he will choose to remain silent thus rendering the tribunal as futile academic exercise. The tribunal has failed before it has even kicked off. MARK MY WORDS.

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  6. Remaining silent does not mean he has got immunity. Anyone can remain silent if they choose to before the courts but there are other avenues the courts can use if someone decides to become impenetrable.

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    • @ Mutale etc… A tribunal is not a court therefore it has limited powers. A lesson to you from a Law student.

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  7. this is a big relief. It is utter stupidity for the current DPP to believe that he is untouchable. Even presidents can run for their lives if they are against the will of the people whom they govern; Look at the former president of Burkina faso [sp], Blaise Compoure. What more amall men like mutembo.

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  8. You are all blinded by hatred for DPP. Your government is nothing but a puppet on a chain. The secret government is pulling the strings from behind closed doors. Nchito is a successful lawyer and has nothing to lose.

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  9. My friend if and when Nchito is fired he has everything to lose he will be in and out of police cells and LAZ may suspend his certificate there a lot involved here.

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  10. ARule of law is the essence of good governance with integrity……….if you thoughts are well placed,why not advising the government to stop prosecuting all cases in Zambia and not only for Mutembo Nchito and close all Courts and Prisons.

    There is no logic in stopping Nchito’s case only and leave ordinary Zambians go through the them. it would be unfair.

    May i just ask what is so special about Mutembo Nchito which does not apply to other Citizens?

    Why should Nchito’s case only be treated differently from other cases but using the same law?

    I dont support it,is it because this is happening in the time of PF Ruling or what? Does it mean if the other party was ruling was going to be ignoring all cases for well to do in society? You are confusing every thing.Nchito is no…

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