CHIEF Justice Ireen Mambilima has sworn in four judges to probe into the former DPP allegations of Mutembo Nchito's case. These are (from left to right) Judges, Anel Silungwe, Mathews Ngulube, Ernest Sakala and Mathews Zulu.
CHIEF Justice Ireen Mambilima has sworn in four judges to probe into
the former DPP allegations of Mutembo Nchito’s case. These are (from
left to right) Judges, Anel Silungwe, Mathews Ngulube, Ernest Sakala
and Mathews Zulu.

President Edgar Lungu intends to amend the terms of reference of the Tribunal tasked to problem the allegations of abuses of authority against suspended Director of Public Prosecution Mutemba Nchito.

This came to light before former Chief Justice Annel Silungwe’s led Tribunal at Lusaka’s Mulungushi international Conference Centre.

Solicitor General Abram Mwansa submitted that once amended, the terms of reference will be submitted to the Tribunal.

Mr Mwansa later applied for an adjournment.

He also submitted that there is no room for debating preliminary issues as the tribunal is investigative in nature.

But Suspended Director of Public Prosecution Muntembo Nchito objected to the application for an adjournment , saying it was unfair.

Mr Nchito submitted that he needed to be heard on all preliminary issues as earlier indicated by the Tribunal

He submitted that the probe against him is a matter of public interest and has a bearing on all constitutional office orders.

But tribunal Chairperson former Chief Justice Silungwe ruled against Mr Nchito.

Justice Silungwe ruled that Mr Nchito cannot be heard on preliminary issues allegations that have necessitated his probe and have not been formally presented before him.

He noted that the main business of the Tribunal today was to decide whether to hold its sittings in camera or public.

Justice Silungwe has since adjourned the Tribunal sittings to next Monday to decide whether to hold the its sittings in camera or public.

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56 COMMENTS

  1. PF rubbish.Why trying to fix the DPP ?People want you to concentrate on issues that can bring food on the table for the common man such as
    Lowering the cost of living
    Employment creation
    Clear policy direction among many others.

    Was it a misplaced vote?

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    • @Kambole
      It is not the PF Govt that is trying to fix the DPP but rather the President trying to “clean up” the DPP’s office and have a rightful person with integrity and unquestionable character occupy it.
      It was not the PF Government that told Nchito to fraudulantly forge Court papers was it? It was not the PF Government that told Nchito to enter nolle’s in Mahtani’s court cases was it? It was not the PF Govt that told Nchito to lie before the Parliamentary select committee during his appointment process – was it?
      If it wasnt then your point is misplaced and let the Tribunal do its job and you can turn to Chikwanda and President Lungu to vent your issues on the economic situation in the country.

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    • I was disappoint when Lungu won the presidential by election but on the curtail issue I pray for Lungu to have long life to deal firmly with this mafia group.I want when HH comes to power these mafias will have been buried.my fellow UPND members let’s support pf on this noble cause.this curtail especially mmembe was instrumental in dainting UPND as a tribal party. I really have no kind words for curtail.if wynter wasn’t expelled early HH would be dead by now.if Edgar keeps the some group close,he will die as early as possible.STAY AWAY Ba Edgar and HH from these people.

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    • DPP, which DPP, he is no more DPP, he is suspended Thugs. He is tasting his own bitter medicine. Adjournments after adjournments, that is what he used to resort to. He has to be charged and found guilty as charged. Finished. He along with his cartel members and Up and Down Party “Yoyos” have to keep crying and complaining. Treat the people well when one has power and money. Show arrogance and you get plenty of it when you are under the bridge. Understand that “Under Party of No Destination (UPND)”?

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  2. I thought the issue of whether proceedings will be in camera or in public was decided. Even if it was, do you really need to adjourn for that? I think this tribunal might sit beyond 2016 elections and Nchito would have been frustrated by then. Govt machinery at work

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    • NO. APPARENTLY IT WAS NOT DECIDED. THE GOVT HAS A LOT OF THINGS TO HIDE. THAT IS WHY THEY WANT A SECRET TRIBUNAL. THEY PROBABLY ALREADY HAVE THE RESULTS OF THE TRIBUNAL.
      ALL THE ALLEGATIONS WERE MADE IN PUBLIC. HE WAS ARRESTED IN PUBLIC. HE WAS TAKEN TO COURT IN PUBLIC. NOW WE SHOULD HAVE A SECRET TRIBUNAL? SHAME ON YOU!

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    • Mutembo is a true lawyer and proper one for that matter……This article ba Lusaka Times is not complete because already yesterday, Mutembo took them on and asked(requested Ngulube and Sakala to recused themselves from this Tribunal because their past is dirty and Mutembo played a role in seeing the two out of the Judiciary). Mutembo gave them a full account of their shortcomings and why they can not qualify to sit on this tribunal. This tribunal will go on forever until EL is out of office…………….dead end tribunal!!!

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  3. What baffles me is that Mutembo had integrity issues surrounding him and I wonder why he accepted Public Office!!!!! Zambians should change. When you have integrity issues dont accept Public appointments please, it is costly. Equally members of Parliament erred when the ratified his appointment when they knew very well that he had issues. This is costly to the public. What measures can we put in place to punish members of parliament who ratify wrong things.

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    • @Word. That’s a good point for otega. EL stole money from his client that we can all easily point to and yet even now EL does not see anything wrong with what he did.

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    • Don’t jump to conclusions. Natural justice requires that everyone is innocent until proven guilty. What would be the point of appointing a tribunal if he was already guilty?
      Let us be rational in our comments.

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    • I agree with you Otega. Mutembo had integrity issues surrounding him. To punish members of parliament who ratify wrong things wrong people, it should be included in the constitution.

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    • HOW EDGAR LUNGU STOLE CLIENT’S MONEY LEADING TO HIS SUSPENSION FROM LAZ EXCLUSIVE: News emerges of Lungu stealing client’s money Legal documents have been received this morning which show that Patriotic Front Presidential candidate Edgar Lungu was found guilty of professional misconduct by the Law Association of Zambia (LAZ) after embezzling money from a client he was claiming to represent. We have included the photos of the court documents which show the ruling that Lungu owes funds to his clients. This appalling act of dishonesty and criminal behaviour is the clearest representation yet of the character of the man attempting to become the next President of Zambia. We cannot have a thief as our president. He has stolen from clients. We cannot now give him the opportunity to steal from…

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    • country. The case is as follows: RULING OF THE LEGAL PRACTITIONERS COMMITTEE OF THE LAW ASSOCIATION OF ZAMBIA AGAINST MR. EDGAR CHAGWA LUNGU On 16th April 2009, the Legal Practitioners Committee (LPC) of the Law Association of Zambia (LAZ) received a complaint from a Ms Wendy Kanyanta against Mr Edgar Chagwa Lungu claiming he had illegally obtained fees of K36,080.42 from compensation meant for her despite already being paid costs of K40,000.00 from the unsuccessful party, Lafarge Cement, who were her former employers. Both parties were summoned before the LPC on 24th July 2009 and Mr Lungu was asked to respond to the accusation. Mr Lungu admitted having obtained the money on the understanding that they were legal costs due to him for the services rendered and that an agreement existed bet

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    • word, what is your point, HH stole from ZPA with overinvoicing and sharing the theft?

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    • Ortega,
      If Mutembo had “intergrity issues”, would he ask for a public hearing? I rather think those insisting on a ‘secret’ tribunal are the ones with intergrity issues.
      Simply because someone continually says Mutembo is a crook, does not therefore make him one. Do you have proof that he is a crook? Or are you just repeating what you have heard, like the mob that condemned Jesus? Let’s be a bit more objective.

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    • @ Otega, as you can see I have in agreement with you cut and pasted “Zambians should change. When you have integrity issues dont accept Public appointments please,” its timely advice and additionally suggest avoidance of vying for public office among those harboring issues as not to expose our laws and justice systems to mockery! Zambians should change for better in being honest and upholding integrity. We should not all be oblivious to the fact that in a society with diverse behaviors, intellect and perceptions the country may one day elect a leader with bottled vengeance!

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    • What integrity issues did Mutembo have? If he has, then let us have an open tribunal so that we expose them! Why is EL afraid of an open tribunal? All the allegations concerning Mutembo are coming from Dickson Jere & Richard Sakala, who are in RB’s pay and have an axe to grind. Let us have the hearing in open court so that Brebnar Changala can prove how Mutembo planted drugs on him! From what Iam seeing, Mutembo is the one who is asking for an open tribunal so that these ALLEGATIONS can be proved in the sight of all!

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  4. Every thing has got its own time. Muntembo you thought you are clever now the law is catching with you. Remember nothing is hidden on this earth and what ever you did under the carpet shall be revealed. Read Isiah 55 vs 8-10 which says your ways are not God s ways.

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  5. MUTEMBO NCHITO should be nailed down until he is pronounced finished as they did with innocent Mukelebai whom they killed with Membe out of frustration he was found dead in exile SA. These guys they don’t mean well for Zambia. Its very SAD and ANNOYING that the UPND with its HH U-turns now support MUTEMBO just because he entered a nolle prosquie in his case so HH has benefited from corruption and abuse of office of the cartel. That is the beginning and the end of HH Politically. Mweetwa is another fool in UPND he just haps anything no political direction surely these are chaps Zambians almost gave power to on 20 January 2015. God is good. Everyone who benefited from this rotten cartel should be made accountable including pastor NEVERS MUMBA who was sponsored to block RB

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    • WHY THE HATRED AGAINST MUTEMBO? IF YOU HAVE PROOF THAT HE STOLE, GO AND PRESENT YOUR EVIDENCE. WE WILL NOT BE RULED BY MOB JUSTICE, SIMPLY BECAUSE YOU HATE SOMEONE. EL STOLE CLIENT’S MONEY. THAT IS A FACT. CAN YOU POINT TO A COURT RULING THAT MUTEMBO STOLE? EL WANTS TO FIX MUTEMBO SO THAT HE REPAYS RB FOR THE SUPPORT GIVEN DURING ELECTIONS. IF YOU HAVE NOTHING TO HIDE, WHY DO YOU INSIST ON A SECRET TRIBUNAL? NOW THEY WANT TO AMEND THE TERMS OF REF BECAUSE THERE IS NO SUBSTANCE TO ALL THEIR CHARGES. SHAME ON YOU. WE WILL VOTE YOU OUT IN 2016.

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    • TRUE BLUE, you are probably on RB’s payroll for all we know. If you have proof that they killed Mukelebai, go and present it. Have you not noticed that all the WOLVES have re-gathered around PF? If you think he is guilty, be a man and prove it! Don’t be a coward like those who hide behind Zambia Reports etc spewing allegations which they are afraid to prove in open court! Don’t be a snivelling coward!

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    • I can assure you that Mutembo is a damn good lawyer……wait and see how many times they will change the terms of reference!!!!! that is shifting the goal posts……..The Zam troop chief Justice is already sitting on a hot stone……….It will be very challenging to go past Mutembo. Exciting times are still ahead of us…….

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  6. BA NCHITO TAKE IT EASY WAIT FOR AMENDMENTS WE LEFT A FEW ISSUES TO MAKE SURE THAT YOUR COFFIN IS WELL NAILED YOUR TIME IS COMING ITS JUST MONDAY SO RELAX, I KNOW HOW YOU FEEL SCARED AND YOU HAVE SLEEPLESS NIGHTS. KKKKKK

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    • These terms of reference where made not even a month ago, and they need to be amended before the tribunal starts, (Just like the indecesioning and U-turns on policy issues. Meanwhile the so called retired judges are on full pay and want to hold the tribunal in secrecy when everyone has said we want it open to the public. What is there to hide? If they are not prepared to hold it public the can just as well pass judgement without sitting. We know its a Kangaroo court! No wonder the Police, Judiciary and the Defence Force where Achalasia Fatigue Lungu was a minister are in such a messy.

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    • But the members of the tribunal have to be reconstituted as well in order to remove the two former Chief Justices who have skeletons in their wardrobes…….remember the Zam Troop account in London. it is easy to sort out fools but intelligent people will always say something that will put your plans off balance ( especially when dealing with one of your best in the land)….it shall be a mountain to climb.

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  7. This is Zambia, I can see ECL and Kanitundila being dragged to court in 2017, they might be caged for some time for abusing the office of the president. I don’t see ECL rigging the election, Rainbow will be bright and UPND will be on the look out. Either the rainbow or UPND will win.

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    • Why is the tribunal made up of retired judges? So now they are being paid. We play with money. All these are Mambilima’s cronies!

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  8. Isnt monday Public Holiday? Or, its another typo from LT.

    No individual or grouping is above the Law. If Mr. Nchito misused his powers as DPP, surely he needs to be brought to book. It is wrong to use your position of authority, to bend things in your favour. And justice delayed, is justice denied.
    But if this is “witch-hunt”, as some sections of the media are reporting; then, its a sheer waste of our hard earned tax payer money.

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  9. Mutembo was not appointed to that office by any other party but PF. If there were any acquittals he made, it was the President who issued the instructions. If this case proceeds, a lot will be exposed and Lungu knows too well he is implicated big time. PF will lick its wounds.

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  10. between him and the client – which was denied by the client. Following his response, the Legal Practitioners Committee asked for proof for this position but Mr Lungu failed to provide any. At the next sitting of the LPC on 18th September 2009, it was proven that Mr Lungu did deduct his client’s monies illegally despite receiving costs of K40,000.00 from Lafarge. Mr Lungu did not dispute this finding of the committee and accepted he had acted illegally. The LPC declared Mr Lungu’s conduct entirely illegal after referring to Rule 17(1) of the Legal Practitioners Practice Rules, 2002 which provides that, “a Practitioner shall inform clients about charges or fees and the basis for such charges on taking instructions.” Mr Lungu’s failure to inform

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  11. clients about charges or fees and the basis for such charges on taking instructions.” Mr Lungu’s failure to inform the client in writing without reasonable cause amounted to professional misconduct or conduct unbefitting a lawyer. It was ordered that Mr Edgar Chagwa Lungu should pay back that amount within sixty days from 4th March 2010 when the ruling was made or face further disciplinary proceedings. In contravention of the order of the LPC, Mr Lungu only paid K9,000.00 of the K36,080.42. This forced Ms. Kanyanta to sue in the subordinate court under cause no. 2010/CRMP/688 on 6th August 2010 for the balance of K27,080.42. Mr. Lungu admitted guilt to the claim in court on 19th August 2010 and applied to settle the debt in instalments

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  12. That is the idea. Some charges were left out like obtaining DBZ loan through fraudulent means and attempted escape for lawful custody in Chongwe. Lying before the parliamentary select committee when being considered for the job of DPP.
    These are serious cases. So wait. Mmembe will fart and fart but the more he does it, more charges will come up.
    Now we have a determined president and Chief Justice who want this matter settled for once. That is what a listening President does.
    Matter will be heard in Camera. Precedent

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    • Yes, the matter will be heard ‘in camera’ because they already have the judgement written out in full. The ‘lawful custody’ in Chongwe was deemed “unlawful” by the High Court! The DBZ loan – there is a Supreme Court ruling concerning that. Do you not know Company Law? Why do you think RB investigated & failed to convict over the DBZ saga? It had to take them to connive and bend the law to convict, which the Supreme Court threw out. By the way, ask Judge Dennis Wood, about ‘arm twisting’ in the Judiciary just to please RB. Read the Supreme Court ruling!
      You talk of precedent; what about the Dora Siliya Tribunal? The Judge Chikopa tribunal? Even if you want to “fix” Mutembo, don’t make it so obvious. Now you are insisting on a secret tribunal? One month down the line, you are…

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    • Why are you scared of the open court. You are the same people who were saying the DBZ loan is tax payers money and now you don’t want the tax payer to listen to the proceedings. You are just as bankrupt and scared as your Chagwa. This case is going nowhere. By the time its thrown out Chagwa also will have been thrown out of state house. You Losers.

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  13. Lol changing the terms of reference of the tribunal after it has been sworn in? This is a misdirection of justice and should render the whole tribunal defunct and illegal. If you change the terms of reference then you have to disband the entire tribunal and reconstitute it. This is like changing the charges on defendant after proceedings have commenced. The tribunal loses its authority once the terms are changed. Lastly all the president has to do is keep changing the terms of reference until something sticks or he can have the DPP perpetually suspended. ZAMBIAN JUDICIARY IS BECOMING A JOKE. LOL

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    • Agree, agree, agree with you…..The members of the tribunal…..Justice Ngulube and Sakala already have skeletons in their wardrobes and can not qualify to seat on that tribunal……This leave Justice Silungwe in a difficulty position. The tribunal is a non starter. No members and no terms of reference.

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  14. Chagwa Lungu is such an indecisive person. This man is not fit to be president. Why didn’t he scrutinise the terms of reference before authorising the tribunal? Lungu’s decisions so far lack seriousness and consistence. You begin to wonder if the man is stable in mind or there is someone pulling the strings.

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  15. Wina Alila while we are enjoying the start of pay back by cartel mafias. This matter will be concluded before end of 2016 and some will be in Chimbokaila. If you are hoping for calculated adjournments, will not work. We already a plan for this. It will only adjourn 1 month and court resumes session.
    We are not losers. we have never been one. But you Mmembe and HH have lost. Mmembe;s uncle Arthur Wina lost to FTJ. Magande lost to RB. Kabimba lost to EL so is HH with 5 to zero. Nothing and its will be nothing in 2016 and 2021. So who are losers.

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  16. “Kambole Mapalo” sounds as a staunch member of UPND. However, if UPND continues its veiled campaign to protect or support Mutembo Nchito, then many Zambians will vote wisely during the 2016 Tripartite General Elections. HH’s support for Nchito is likely to irreparably destroy UPND. Mazoka was a much more credible national leader who attracted intellectuals of Patrick Chisanga and Sakwiba Sikota.

    Nchito, Mmembe Kabimba MUST be made to pay back the K14 Billion dubiously got from the DBZ. Only men and women laden with noxious genes can dare challenge the operations of the Tribunal manned by some of the best legal minds in Zambia – and the SADC region.

    We are watching HH’s motive with interest.

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  17. Mphangwe
    Wasted comment. Your Chagwa is busy supporting and trying to abate the law to protect RB. Who do you think will align themselves with PF in this kind of relationship.? We voted out RB because of corruption and we did not vote out Mutembo.

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  18. It very interesting to get the views from the public and most of them make a lot of sense, EL want to change the terms of reference before the tribunal even starts siting, the other issue the tribunal members want to hold it in camera, why? because this whole issue is political meant to please RB its very clear to see and Lungu will loose it.

    I have never seen a president to day he says he wont sweep anything under the carpet, tomoro he wants a tribunal in camera.
    Does the man know what he is doing. This country has no leadership.
    LEAVE MUTEMBO ALONE IF YOU HAVE NOTHING AGAIST HIM YOU ARE A LAWYER EL GROW UP.

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  19. Unless you do not live in Zambia or you no memory.
    Mmembe and Mutembo argued to have tribunal for late DPP Mukelbai Mukelebai in Camera insisting that witness needed protection. ng And it was held in Camera. So what has changed now. Please be honest and fair. If it is EL you want embarrassed thinking that he will lose 2016 elections, you will be shocked. EL has already won the 2016 elections. All he is doing now is simply correcting the many wrongs that had been inflicted on institutions in Zambia. Mmembe is farting, Justice Ngulube sat on Tribunals after he resigned as CJ with the same baggage being cited now. What has changed now. Two other High Court Judges can be appointed to replace Ngulube and Sakala but it will not make Mutembo become innocent. He is gone and finished.

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    • “Membe and Mutembo argued to have tribunal for late Mukelebai Mukelebai in camera..”.
      Goebbels, Hitler’s propaganda chief said that if you repeat a lie often enough, it will become fact!
      When did this happen? If Mukelebai was happy to have his hearing in camera, that does not mean everyone should have his/her hearing in camera. Mutembo has chosen to have his publicly. Unless EL has things to hide (such as his pact with RB), then there is no need for a secret hearing. None of the issues raised border on state security. They just border on State stupidity! Let us have an open tribunal.

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  20. How finished is Mutembo you? Those two judges are shameless judges who should have declared interest whether Mutembo is wrong or right. But this will not be an easy thing for Edgar.

    Questions
    (1) At what point did Edgar and his group discover that the terms of reference had flows?

    (2) Didn’t the chief justice know or read the terms of reference at the time she swore in the tribunal?

    Anyway let us wait and see. But it is a known fact these are Rupiah Banda’s tricks to save his skin. Only Mutembo can handle Rupiah Banda’s corruption. Let us see if there will be another person who can do that.

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