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.

Former Chief Justice Annel Silungwe has demanded that the proceedings for the tribunal investigation suspended Director of Public Prosecutions Mutembo Nchito should be conducted expeditiously.

Justice Silungwe who is chairing the tribunal made the remarks when Attorney General Likando Kalaluka applied for an adjournment during this morning’s session.

Mr Kalaluka noted that both parties to the tribunal had mutually agreed to adjourn the tribunal’s hearing.

He said this is on grounds that some lawyers who are party to the tribunal need to attend a Supreme Court session commencing in Kabwe on Tuesday.

But Justice Silungwe asked the parties to the tribunal to adjust their earlier application to adjourn the matter to 21st April 2015 to April 17,2015 for hearing of preliminary issues.

Earlier, the parties met members of the tribunal in the chambers.

This followed an application by the Attorney General for the tribunal to hear the parties in chambers on certain issues.

And Mr Nchito did not object to the application.

Mr Nchito is facing allegations of abuse of authority of office and professional misconduct.

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41 COMMENTS

    • I have to agree with Joe that this is purely incompetency on the part of Govt. How can anyone apply for an adjournment for people to attend a Court Hearing on Tues? Why could they not have proceeded with preliminary issues today and thereafter set dates to suit all parties.
      Anyway, the most jaw dropping thing is the people who are conveniently undermining what Nchito is alleged to have done and trivialise the whole matter as simply Lungu bowing down to RB’s wishes so that he (RB) can go scott free of his theft charges. Shocking really and just goes to show our level of thinking as a nation.
      A DPP issues nolle prosequi’s in exchange of debt and we undermine that. I DPP takes over criminal cases for his known friends and issues, nolles’s and we undermine that. Come on guys…

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    • This tribunal is going nowhere. Watch the space. Nchito will come out a victor in all this. Zambia a laughing stock.

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  1. YOU KNOW HOW IT GOES IN ZAMBIA. TRIBUNALS WILL BRING A LOT OF EXCITEMENT BUT AT THE END OF THE DAY THEY AMOUNT TO NOTHING. EVEN THIS ONE. MUTEMBO WILL EMERGE THE VICTOR. REGARDLESS OF WHICH WAY THE CASE GOES. MOST LIKELY THE COMPROMISED TWO JUDGES WILL RULE AGAINST MUTEMBO AND HE WILL LOSE. BUT SHORTLY AFTERWARDS WHEN A NEW GOVERNMENT COMES IN POWER, MUTEMBO WILL APPEAL THAT RULING AND HE WILL END UP WINNING. ALL THE MONIES DENIED HIM WILL BE GIVEN TO HIM AND HE WILL SUE THE GOVERNMENT. THE REASON IS SIMPLE. THIS IS A POLITICALLY MOTIVATED TRIBUNAL AIMED AT CRUSHING MUTEMBO SO THAT RB CAN BE LET SCOT FREE. WE KNOW THIS.

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    • @Chisenga
      The is not a prosecution case before a Court of Law. It is a tribunal looking into the conduct of Mutembo Nchito as DPP. The tribunal will recommend to President Lungu whether or not Nchito is suitable to continue to hold that Office. And if NOT, Mutembo will be sacked and thereafter he will be “open” to prosecution if any of his misbehaviours warrants amount to criminality. Therefore Mutembo Nchito can not appeal against the findings of the Tribunal.
      It will also be practically impossible for him to gain another high office appointments if he is removed from this DPP’s office based on the tribunal findings, unless we have another President prepared to ignore Parliament concerns, the consitution and all else, as Sata did.

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  2. THESE ADJOURNMENTS CAN ACTUALLY TAKE FOREVER. THEY WILL TAKE US TO THE NEXT ELECTIONS. A NEW GOVERNMENT CAN BE USHERED IN EVEN WITHIN THE SAME PF. REMEMBER THE SAME MMD THAT TOOK CHILUBA TO COURT, IS THE SAME MMD THAT FREED HIM. IN THE SAME WAY, THE SAME PF THAT PLEADED FOR MUTEMBO TO BECOME DPP, WHICH IS AGAIN TRYING TO HOUND HIM OUT, IS THE SAME PF THAT CAN FREE HIM. DIRTY POLITICS INDEED. DIRTY THEY ARE.

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  3. That’s a lie ba chisenga.This issue is a well known issue and it is in public domain such that even mutembo ,membe and their cohorts knows that.unless you tell me you are in support of these criminals I will not doubt you.And this is what I cal lawlesness.My friend lack of paying attention to current affairs is a sign of ignorance and in ignorance there is no defence.as far as I’m concerned mutembo and his fellow criminals will face the rule of law not of men and will be dealt accordingly.

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  4. Pungwa,

    The criminals are RB and his cohorts. RB supported ECL from dubious funds. Who does not know that Lungu was poor to the bones and running a dysfunctional farm in Chipata before he became President. The whole tribunal was mastermined by RB so that like the deceased criminal Chiluba, he is set free.

    Even two of the judges on the tribunal are dubious. So what are you saying? The tribunal will end embarrasing ECL and his defective non performing Government

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  5. @Its a Wory & Pungwa.
    THAT IS ONLY ON PAPER MY FRIEND. THIS IS PRACTICALLY A PROSECUTION CASE . THE ILLEGAL HANDLING OF MUTEMBOS CASE STARTED A LONG TIME. THEY DRAGGED HIM TO CHONGWE DISREGARDING A CLEAR COURT ORDER DO YOU EXPECT HIM TO RECEIVE A FAIR HEARING UNDER SUCH CIRCUMSTANCES? MUTEMBO NOW IS AS GOOD AS SACKED AND GUILTY ALREADY. THEY ARE JUST TRYING TO ARRANGE THE CASES IN SUCH A WAY THAT THEY LOOK VALID. WHAT IS IN THE PUBLIC DORMAIN ARE THESE UNFOUNDED ALLEGATIONS. NOT THE EVIDENCE THERE IN. ITS LIKE WHAT ILLITERATES DO WHEN THEY ARE DRINKING CHIBUKU AND SHARING STORIES. ANYONE WHO SEEMS TO BE DOING WELL IN LIFE IS CONSIDERED A THIEF, CORRUPT AND A SATANIST. THIS IS PURE JEALOUSY OF THE WORST KIND MIXED WITH ENVY AND MALICE. ANYONE WHO LOOKS BETTER THAN YOU IS A THIEF?

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  6. Natalia,a president can get an advice as long as it is with sense but can never be commanded by any one on how to excute his or her duties.zambians voted for edgar lungu not rb.if rb failed with the cartel it doesn’t mean even edgar can fail.it is just that he is following the law.watch this space and see how a serious gov’t works with a lawyer as president.don’t just read your watchdog try also to research and get the facts right before you post anything my dear.

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    • @ Pungwa
      I QUOTE YOU “he is following the law.watch this space and see how a serious gov’t works with a lawyer as president”
      MR PUNGWA, ONE DOES NOT NEED TO WASTE HIS TIME WATCHING THIS SPACE TO SEE THAT EL IS NOT FOLLOWING THA LAW. DID EL FOLLOW THE LAW WHEN HE DRAGGED MUTEMBO TO CHONGWE DISREGARDING A COURT ORDER?
      DID HE REGARD HIS OWN CONSTITUTION WHEN HE OPTED TO BECOME PRESIDENT BY ADOPTION RATHER THAN VOTING AT THE CONVENTION AS STIPULATED IN THE PF CONSTITUTION?

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  7. SOME TIME AGO ZNBC TV USED TO RUN AN ADVERT CONCERNING FAMILY PLANNING. IT SHOWED SOME MEN EATING A HUMBLE MEAL IN A RESTAURANT. THEN ANOTHER MAN ENTERED THE RESTAURANT AND ORDERED CHICKEN AND CHIPS. OH, THE MEN EATING A HUMBLE MEAL WERE FULL OF PREJUDICE, THEY SAID IN BEMBA “ABA EBA SAKALA BA COMPANY” A PURELY UNFOUNDED ALLEGATION. SIMPLY BECAUSE THEY COULD NOT AFFORD CHICKEN AND CHIPS. THIS IS WHAT IS EXACTLY HAPPENING TO MUTEMBO. EVEN PEOPLE WHO KOW NOTHING ABOUT HIM ARE ALLEGING THINGS THEY CANNOT SUBSTANTIATE. HE PUT DRUGS ON BREBNA, HE STOLE MONEY FROM DBZ, HE IS ENTERING NOLES IN FAVOUR OF HIS FRIENDS, HE LIED UNDER OATH, HE FORGED SOME DOCUMENTS BLAH…BLAH. SOME OF THE ALLEGATIONS HAVE ALREADY STARTED FALLING OFF. STORIES PICKED FROM CHIBUKU DRINKING PLACES ARE BEING BELIEVED.

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    • If that is the case, the sooner the tribunal hears and deliberates the evidence, the sooner matters can come to a close. And all parties can move on. Even cases are brought to court for prosecution, but are dismissed by the court. That’s how judicial and disciplinary processes work. Be patient. I
      f you have no confidence in the judicial system to which dpp previously committed other accused, that is another matter.

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  8. chisenga,don’t you know that even the so you are calling rich people like mutembo can be the worst criminals.it doesn’t mean that when one is rich then they can never steal.look at the history of zambia most of the people convicted are rich politicians or rich civil setvants .so my dear don’t defend some one just for the sake of defending.Let’s us support our president for the well being of this nation so that he and his mps fosters development to all parts of zambia for the betterment of the poor zambian who can’t afford to have three meals a day not individuals who want to enrich themselves and their families.

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  9. chisenga,I don’t want do dwel much on succesion or what ever but I can still also defend el.when time came for the convetion to select who to stand on pf as a presidential candidate guy scott organised it regardless of being told that the party had no money and failed again to show up with his prefered candidates.They all decided to stay at a military balack.And the majority zambians rose up and wanted nor other than edgar to lead them.edgar and the delegates waited for the organisers to appear but never appeared.so in short my friend in democracy it is the majority that wins at the end of the day and minority.so my friend don’t be blind over issues you even learnt while in school.

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    • Pungwa, please don’t revise history. When talking about Guy Scott not going for the convention, you forgot the small matter about Pangas and cadres threatening the other candidates! There was only one candidate who was “voted” by acclamation! The rest were afraid of the pangas!

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  10. So there was no drama by Mutembo today? He even did not object to the application by Attorney General to discuss “certain issues” in chambers? Wow! Clearly this case is now going well for us. He must have realized that the Past is just ile mufyengafye for mmembe’s selfish reasons. If he is found wanting that will be the end of his career and mmembe will have no more use for him. The remaining charges are too strong to escape, and mmembe realized this from the beginning, which is why his strategy was to tell Mutembo to disparage the two justices while he also applies his Past news to insult, blackmail, discredit them and Edgar daily. Well, it is not working and soon we shall see a rift developing in the cartel over tactics, for the daily insults show that they have now run out of ideas.

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  11. Let me tell you something that you may not know. Mmembe wanted to be President of this country someday but wanted to create conditions that he thought necessary for that to happen: make money, plant stooges in strategic places like DPP office, even create the Rainbow party when he couldn’t get it in PF through stooges like Kabimba. He has planted the unsuspecting Kabimba as President of Rainbow. Have you ever thought where on earth an imbecile like Kabimba would get money to fund a party? When the time is right mmembe would discard these stooges like used diapers. But everything has gone horribly wrong for mmembe, hence his level of desperation manifesting in a diet of daily insults. Soon Mmembe’s stooges will discover that they are being used, dpp has probably smelt the coffee already.

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  12. jk,politics are for politicians not you.guy scott was acting president by then,he had all the powers to stop the so called panga guys you claim to have occupied the conference.No one stopped other candidates at the convention instead they decided to stay away for two days that’s why the presiding officer declared el as pf presidential candidate.so jk el did not force himself on the zambian people.The zambian people wanted EL and there was no way you could change it to suit your prefered candidate hh.It’s was the voice of the voters that made el to be where he is today not certain individuals.if people never wanted el your four times loosing candidate hh would may be have made it to plot one.So it’s your bitterness that will make it impossible for your hh to rule zambia.

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    • Pungwa, if you look at my posting, I did not even mention HH. I simply stated that there is no need to revise history. The other candidates at the PF convention could not go, because they were afraid of the Cadres & Pangas. That is a matter of history which we should not revise.

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  13. lsk times hav changed their play games ,their now pro lungu.they are supporting lungu in everything they are writing and only showing pf rallies in support of pf but no picture for hh or upnd.they hated sata a bemba under pf but in love with lungu their fellow easterner.check how they have changed just now in their reporting

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  14. @Pungwa & Chief Cadre
    WHO TELLS YOU THAT MMEMBE CANNOT VIE FOR PRESIDENCE IN ZAMBIA? IS THE PRESIDENCE THE PRESERVE OF EL OR PF ALONE? MMEMBE IS A ZAMBIAN AND HE CAN STAND FOR PRESIDENCE IF HE WANTS AND HAS SUPPORT. OF COURSE IF HE DOES IT WRONGLY HE CAN FAIL. AND MR PUNGWA, WHAT BETTERMENT IS EL PROMOTING IN ZAMBIA? BY DRAGGING AN INNOCENT MAN TO CHONGWE IS THAT BETTERMENT? MY FRIEND BETTERMENT IS NOT IN THE EYES OF THE BEHOLDER. WE MUST ALL SEE THAT IT IS BETTERMENT. RIGHT NOW THE CASE OF MUTEMBO HAS BROUGHT A LOT OF BITTERNESS IN THE NATION. EL WANTS TO SAVE RB FROM PROSECUTION, PERIOD. THOSE CHARGES ARE FAKE AND TRUMPED UP. LPM USED MUTEMBO RB THREW HIM OUT, SATA USED HIM EL THROWS HIM OUT WITH THE HELP OF RB. WE KNOW WHATS HAPPENING.

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  15. Chisenga – You are 100% right and I’m totally in support of your well articulated thought. In addition there is no other lawyer presently who has the courage and history to prosecute alleged crimes by former presidents. But it is just a question of time although it looks the case is already pre – determined.

    The problem is that the President is an interested party and this is the more reason why this tribunal is perceived to be a political fixing.

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  16. chisenga,listen my friend,The only person who is bitter about mutembo’s conviction is you,hh and some disfunctional characters who doesn’t follow the records of some rich fool criminals of their dirt dealings that defrauds the nation of it’s resources.It’s a pity for a nation to have people like you who can’t defend it from being robbed by these criminals,mutembo,membe and their corhots.

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    • Mr Pungwa, l can see that you are very passionate when speaking about Mutembo. As Chisenga has said, where is your proof? Why are you not concerned about RB’s oil deals? Why is Henry Banda on the run? This tribunal will embarass EL and expose their incompetence. The Attorney General has already already applied to be heard in Chambers! They want to withdraw these foolish charges and settle with Mutembo.
      If you are really concerned about thieves, go after RB and do not protect him. The outcome of this tribunal will be an embarassment to the state. Haven’t you heard that Brebnar has got no evidence about the drugs that were supposed to have been planted by Mutembo? It was mere “beer Hall talk”!!

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  17. BROTHER PUNGWA. WHAT EVIDENCE DO YOU HAVE THAT MUTEMBO DEFRAUDED THE NATION OF ITS RESOURCES? I HAVE SAID IT AGAIN AND AGAIN THAT DONT PICK UP STORIES FROM THE STREETS OR “CHIBUKU DRINKING PLACES”. NOT EVERYONE WHO APPEARS TO HAVE MONEY IS A THIEF. WHAT RECORDS OF MUTEMBO DO YOU HAVE? WHAT DO YOU KNOW ABOUT MUTEMBO WHICH I DONT KNOW? RB IS THE REASON WHY MUTEMBO IS FACING THE TRIBUNAL, PERIOD. HAVE YOU HEARD OF THE OIL SCANDAL THAT RB WAS INVOLVED IN IN NIGERIA? HAVE YOU HEARD ABOUT THE ZAMTROP ACCOUNT FROM WHICH ONE OF THE JUDGES ON THIS TRIBUNAL WAS DRAWING SUMS OF MONEY? WHAT HAVE YOU DONE ABOUT THAT IF YOU ARE REALLY CONCERNED ABOUT PEOPLE DEFRAUDING RESOURCES? BUT WHEN IT COMES TO MUTEMBO YOU WANT TO SHOW US THAT YOU ARE VERY SERIOUS. DONT BE PREJUDICED. THINK BEFORE YOU COMMENT.

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  18. Mutembo Nchito says it is either the highest level of incompetence, malice or recklessness that the Attorney General’s Chambers can call for his removal on account of having carried out an instruction from the same office. Last month, President Edgar Lungu suspended Mutembo for, among other reasons, entering a nolle prosequi in the case of The People versus Rajan Mahtani and John Peter Sangwa. But in his preliminary witness statement submitted to the tribunal, Mutembo described as insensitive and abusive, the allegation drafted by the office of the Attorney General. “This is either the highest level of incompetence or the height of malice and recklessness.

    We cannot, as law officers, expose the Presidency in this way in a matter where basic due diligence would have protected the…

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  19. We cannot, as law officers, expose the Presidency in this way in a matter where basic due diligence would have protected the Presidency,” read Mutembo’s submissions in part. “It is inconceivable that the Attorney General’s Chambers can stand before this tribunal calling for my removal on account of my office having carried out an instruction from the Attorney General pursuant to Article 56(7) of the Constitution of the Republic of Zambia.” He disclosed that on March 23, 2012, he received an opinion from the office of the Attorney General, advising him to enter a nolle prosequi in the Mahtani case. “As an officer of the state myself, I am ashamed to be associated with a system that can do this. The only time that the DPP is required to follow the directive of any other person is when the…

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  20. The only time that the DPP is required to follow the directive of any other person is when the Attorney General renders an opinion pursuant to Article 56(7) of the Constitution as happened in this matter on 23rd March 2012 in an opinion of then Attorney General Justice Mumba Malila, SC.” Mutembo also submitted that the allegations served on him were different from the terms of reference that the President caused to be published, adding that the state had even included a subject matter that was not covered at all by the terms of reference.

    “These allegations are said to have been settled by the Attorney General. It is my position that the Attorney General cannot amend the published terms of reference by providing charges or allegations which are couched in different terms from the…

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  21. “These allegations are said to have been settled by the Attorney General. It is my position that the Attorney General cannot amend the published terms of reference by providing charges or allegations which are couched in different terms from the published terms of reference,” stated Mutembo. “It is further my position that not even the appointing authority can change the terms of reference once the tribunal has been sworn in. There is no constitutional procedure that allows these kinds of amendments.”

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