Mutembo Nchito raises three preliminary issues, Attorney General counters

1. CHECKMATE!

   Mr Nchito also submitted that the investigations against him should be discontinued because the terms of reference raised by the appointing authority cannot guarantee his removal from office because the allegations do not conform to constitutional specifications under Article 58 (2) and (3).

   Mr Nchito said a person holding the office of DPP can only be removed from office on the basis of incompetency, misbehaviour or infirmity of mind.

   • Nchito must be coming to court straight from some sub-level theater show without sufficiently rehearsing his circus. Complicity in a constitutional office of criminal justice is not only criminal, but dangerous incompetency right there. One does not need to be a Graduate from some Ivy League law school to see and find Nchito as dangerously incompetent and compromised.

     In countries like the USA, the likes of Nchito, would not even get a nomination for ratification by Congress. He could not pass any BGC process.

     Just what was Parliament thinking to have allowed a criminal of Nchito’s character bulldozed into a constitutional office by his partners in crime?

   • Or removal out of office in national interest…..This type of removal has been applied before by Presidents; I assume it is because of doubtful reasons and to avoid such challenges.

   • Mutembo is simply playing legal tricks to undermine the process, the authority of the panel and the attorney general in the hope of influencing the outcome in his favour. By removing two of the most learnered Justices he is hoping to have them replaced with “weaker” and “weakened” justices by virtue of coming in to replace such men only for the fact that Mutembo has succeeded in removing them.
     But Mutembo is facing heavy weights in the legal circles who have heard and seen it all. Experiencing differences with a trial Judge during a case does not render him biased. Otherwise every Judge will be an easy target.
     The open court saga is a nonstarter and remains the prerogative of the Chair. Let’s move on. I expect more scandals to be revealed in these sittings…popcorn please

   • Very far from Checkmate. They ve just made the first pawn moves. Government to win, just a matter of time.

   • As a matter of fact this is what we call the “F00ls mate”, we don’t need to move more pieces to see that but off course the less adept would have difficulty spotting that the “Queen” is fully surrounded, going nowhere fast! Mutembo is smart & for those of U who clearly are still in the dark, he is enjoying the support of some of most learned legal minds made available by co-operating countries who are keen to see the fight for corruption in the country not compromised. Edgar will not know what has hit him, this is a new era for sharp minds, not chakolwa!

   • SC,,,,
     Why do you like asking questions that you already know answers to?
     Parliament is not independent. And so is the judiciary. They are all serve at the mercy of the King of the Hill.

     Constitutionally speaking, the US Congress has more power than the POTUS. But in Zambia, it is the reverse. The presidency is the most powerful man in the country. He chews water!

     And just so you know, Mutembo knows how to play chess. If he was not up to it, he could have just let it go without a fight. But there is precedent to be set here. Like him or not, what is doing will be beneficial to the fortification of our legal institutions.

2. Embattled prosecutor who will fight by all means not to be prosecuted! Shame on this fat man.
   One thing I don’t understand is how did the whole government endorse the appointment of such a gloomy character as DPP?? The Upnd for once should be given credit for having objected to his appointment in the first place. Now tax payers have to cough blood to correct the sins of Government! Government for once need to admit their mistakes publicly

   • @The Vulture,that is nolonger the position of UPND,they are now in support of the DPP continuing with his job in spite of the serious allegations he’s facing.

   • @ Change, the UPND has not changed its stance, all they want is a due process of the law and not kangaroo justice. PF are funny characters. @Change, please let me know how Edgar Lungu ( and rest of PF legislators) voted on the removal of RB’s immunity and on ratification of Mutembo Nchito as DPP

   • @The Vulture, what blood is the taxed going to cough? Is there even any blood left over the 50 years of impropriety? Look, when the electorate see their representatives doing something they disapprove of you know a nation is done and dusted and is only awaiting the garbage truck. That said, Nchito has, within his rights, to present his case as he sees it fit. I would not put it beyond the Zambian scenario that both sides to this argument are culpable both in the way they brought him into office as well as their intent to remove him considering what the general population noted as disqualifying pointers at the time…

   • But the unprincipled Hichilema is supporting Mutembo just because of the nolle he was granted. Shame!!!!!!!!!!!!!!!!!!!!!!!!!!!

   • Sorry dude, UPND now fully support Nchito. He even gave a nolle to HH. Things have changed even UPND has changed – albeit in a wrong direction.

   • No! Shame on you “The Vulture”. Mutembo is a Zambian. He has rights! Why deny him his rights because the President wants to free RB? Shame on you!
     Do you agree with what Nguni did in Chongwe? All the police including the IG were scared of Nguni!
     No. Let us insist on the due process of the law. Argue based on the law! Viva Mutembo.

3. seems to me the walls are closing in…

   • …not closing but breaking down. He is a learned DPP who is asking for his rights. Unless you know and exercise your rights, others will press you down. I admire his tenacity. ‘He who has done no wrong, be the first to cast his stone against the accused’.

4. I love this man but what I hate is his cartel inclination

   • You see @Dead, this intolerance in political groupings to allow subgroups to subsist is what makes you and others bring up the illusive cartel terminology. It is not anything special that within any group of people there should be sub-partitions of interest that themselves could even struggle to come to the fore. For as long as you are kept on the border of suspicion and outside of your own government you will continue to misconstrue what is otherwise normal, legit practice. Remember the ‘Young Turks’ in the MMD that were shaken and slowly dissolved or otherwise ejected? Let’s learn tolerance, and willful respect for every opposing point of view or position.

   • Kalok,

     We don’t agree on some of the things you say, but on the above message, I am with you 100%

5. Honestly he wants the two Justices to be removed citing personal interest in the matter. But isn’t this the same man who quashed his case when he was DPP and when people complained he didn’t listen but what has changed now For him to see that the phrase personal interest exist.

6. I love Zambia very much but I hate the system of government. Things are done in a haphazard crocked way most of the time, the government keeps flip flopping in this case showing very clearly that they hope to charge Nchito with at least anything that can stick. And for those of you who are in favor of this mediocrity from the government, just Waite for your turn to be victimized by the broken system the you will understand why we are advocating for sanity and competence from the Zambian government. Nchito may be guilty but the government system needs to inspire confidence and trust in the justice system.

7. In his submission, Mr Nchito argued that former Chief Justices Mathews Ngulube and Ernest Sakala, who are tribunal members, should recuse themselves from sittings because of the alleged differences he had with them when they presided over some cases.

   Mutembo is being a hypicrite because he never recused himself from prosecuting people he had alleged differences with or getting involved in cases involving his personal friends.

   • correction, he is being a “hypocrite”

   • Czar

     Prosecuting and presiding are too different roles. It was the duty of the defense counsels in both cases to bring up those issues in court.

8. He is a learned DPP, whatever you may think. A country which lacks sanity reaps the same insanity.

9. Mental gymnastics @ play.

10. He wants the two judges to recuse themselves yet he the same man who wanted to prosecute his friend and business partner.

    • People choose to ignore the learned DPP knows his rights, hence the need to exercise them. It is perfectly in order to ask the panel to recuse themselves. If they did not do the same during their time, it is simply they forgot to exercise their rights. ‘You re innocent until proven guilty’, still rings true today. Bottom line is your rights, and what to do with them. How many Zambians know their rights but choose to be abused by ravenous politicians with cheap beer and the like?

11. The only disease Zambia has is illiteracy and the majority of PF supporters live in shanty compounds and that id how low they think including there leaders.
    Its the same PF including Lungu himself who supported Nchito to be DPP.Wise people rejected this nonsense but since we have big no-sense tribes whose thinking is based on stealing and personal enrichment today we are where we are.
    Money wasted on Judge Chipopa from Malawi now we have another senseless tribunal.
    Country men and women do we love our country when government institutions are going months without grants,CBU is not opening now and many issues?
    Zambia is now cursed because of useless leadership and illiterate and shanty compound minded voters.
    More is to come.

    • who was behind Judge Chikopa tribunal? Was it not Mr Nchito and company for purposes of avoiding prosecution for dbz loan? Who was behind former president FTJ immunity removal? Wasn’t it Mmembe Nchito and company? Who was behind the removal from office of former DPP Mukelabai? Wasn’t the same group of people? Who was behind RB’s immunity removal ? Wasn’t Mmembe, Nchito and group? They have always managed to manipulate Heads of State for selfish reasons. It was clear why the Post suddenly began campaigning for late President Sata for 2011 polls that they sensed Pf was winning and needed a way to manipulate the President. Defend him if you want but history shows that his hands are not at all clean.

12. He wants the two judges to recuse themselves yet he is the same man who wanted to prosecute his friend and business partner.

13. Settling old scores is the norm of our society which has set up a very bad precedence. We all know this to fix Mutembo for his pursuant of RB and yet RB found himself in this mess due to PF MPs. We as a country must direct our resources to improving the wealth fare of our people instead of wasting time on these cases that gobble huge amounts of taxpayers’ money. There is just too much hatred in the country and no wonder the so called leaders do not care whether their followers have bread or not.

14. Now people are seeing the mudslinging that Mmembe and his PAST newspaper have caused the country. The iron of the matter is mutembo is avoiding why he prescribed same medicine in prosecution of Mukelebai, RB and many other Citizens. They have declared themselves semi-gods over our affairs. The removal of a DPP has precedents properly cited in the Kenya, Tanzania and in Kabimbas tribunal. So why does mutembo avoiding proceedings to progress. He knows that he is guilty. His demands on recursion of two justices Ngulube and Sakala is just side track affair with no juice at all. He is behaving like a high school pupil with no drive at all. He must face the task of tribunal on the allegations made not diverting from the main issue which is investigating his behaviour

15. Oh Mr Mutembo Nchito now knows the definition of ‘Conflict of interest’. Incredible.

    Both parties are shrouded and in the end the loser once again will be Zambians. Mutembo should have just resigned in public interest or from his perspective in protest. Surely even if he were to survive this tribunal how could he work in harmony with people he’ll bent in wanting him go?
    p

16. I will cherish the day this kalilomba will be put behind bars

17. I find his submissions shallow and far below the status of a State Counsel. Just goes to show his level of incompetence. When I heard he was to raise preliminary issues, I thought he had strong points but alas its what his friend Mmembe has been reciting for a while. Is it his job to determine that the TORs are inadequate to remove him? He cannot be a judge in his own case.

18. I find this arrogant Mutombe Nchito (chitole) so arrogant and annoying. I can’t say much but I pray that with time this guy and Fred Mmembe should pay for all their sins now.

    • Edith Nawakwi calls people who would not engage in a discussion without insults as those who argue below the belt, shallow minded. I pray you are not one of them.
      What makes him ‘arrogant’ (which I don’t agree with) is the knowledge he has above his belt, not under.
      How would you salvage mother Zambia with insults?

    • Ba Chileshe, iyo mwasebana bakalamba. Your contribution to the discussion is so useless that no right thinking individual should take you seriously. Please, do yourself a favor and comment only when you have got a handle on your emotions. Such outbursts are childish, and unreasonable.

    • He insults and pray at the same time. But Lesa mwili mudelela aini guys? Mwingililamo ati cipuba?

19. He is simply running the clock, he is a good lawyer in no time there will be General Elections and the whole proceedings will be quashed …look at what happened with the Malawian Judge how much of taxpayers funds were wasted there. The law in Zambia is there merely to prosecute poor people.

20. For professional differences it is hard to prove personal interest and one need not recuse oneself. For personal differences, where you are protecting ( friends e.g matahni, mumembe) or prosecuting who killed your business (e.g. RB vs Nchito airline) or killed a relative that creates a clear conflict of interest requiring one to recuse oneself. The issue however is that Conflict of interest is a moral vs legal debate it could be immoral but very legal… The extent of the immortality however could be argued as gross behavioral incompetence, because the execution of duties requires not only brains and health but also professional behavior in temperament, impartiality, etc which are all behavioral in nature.

21. Every dog has it’s day and Mutembo’s day has come that is it. If what the charge sheet reads is anything to go by then Mutembo is just wasting the tribunal’s time. There is no way you can blatantly lie to the interviewing panel and get away with it. You cannot prosecute cases where you have absolute interest and hope that you can get away with it, not even in a banana Republic. This pillar of the cartel must fall before the cartel is completely demolished. What Mutembo thought he had was absolute power. No Mutembo there is nothing like absolute power, not even the American president has that. So Mutembo stop wasting the tribunal’s time.

    • Seems like there are a number of PF sympathizers here who hate Mutembo with all their beings. However, contrary to popular belief, allegations are not the same as facts. My friend, all the charges against Mutembo are allegations at best and trivial, petty jealousies and grand malice at worst. Even if Mutembo were guilty the whole process has already shown that the tribunal was hastily arranged in bad faith and thus whatever they produce will be tainted by Lungu’s biases. You want Mutembo to account for his time in office? Fine, but do everything within the framework of the law!

22. This is exactly the behavior of King David of the bible when he had to run away from King Saul to enemy territory for survival (1 Samuel 21:1-15). David knowing that he was in enemy territory and that these people would catch him and possibly kill him. He had to pretend he was insane. Many prisoners have used this strategy in Zambia to get sympathy from authorities by pretending madness. The behavior of the former DPP can be likened to this. He wants to show or behave as if he does not know law. He wants to get sympathy from the chaiman of the tribunal or president Lungu that he has gone berserk. Otherwise how does one explain the behavior of the former DPP thus far?

    • King David never existed. There is no evidence outside the Bible that such a man ever lived. If he did, where? Where is his tomb?

    • Ba Political Analyst. So you know law? Mutembo quoted the law and defined what bias or the appearance of bias is. Judge Ngulube & Sakala cannot escape from that definition. For the process to be fair, they must recuse themselves. His arguments make a lot of sense. And why have a “secret” tribunal? So far, two charges have been dropped, Terms of Ref amended & then the President has produced a “magic” letter dated 8th April 2015 but received on 17th April 2015! He is fishing for reasons to pin him down. No luck so far!
      Mutembo knows his rights. I wish all Zambians knew their rights and insisted on them. We can see that theives have gathered. That is why they want him out.

23. Angel, you are another ciwele wele.

24. Ati Mutembo has backing of clever lawyers from cooperating partners who want to fight corruption. Mutembo’s actions are corruption itself and those partners know that if they want to fight corruption, if it is Mutembo who is corrupt so be it. Those cooperating partners know fully well that in their countries Mutembo could not possibly have sat in the office of DPP, not even smelling it!
    Maybe you meant cooperating crooks and criminals? Lawyers availed by the Mafia maybe? Most certainly not from the U.S. Attorney General’s chambers, or from their UK equivalents.
    I think the charges as amended are water tight even the way they are framed; it was smart of Edgar and his team to amend and remove those drugs things, they have removed the rug from the feet of this former DPP and he knows it.

25. As for the ploy by Mutembo to have the three judges recuse themselves, the Tribunal has the power to overrule him. The fact that Mutembo himself has not recused himself from cases that he has been obviously conflicted does not help him at all. In law isn’t there something like going with clean hands when you present your case before the Judge? Is he clean? Yes but only according to an equally biased and conflicted PAST news.
    Bwana don’t waste our time, we want our K14billion like next week.

    • You are not a law scholar nor do you overstand it. You are making a layman argument in a legal scenario. Do you know why lawyers call each other learned? Not that I agree with them, the fraternity does not think in layman’s terms.

    • If this is the best that you can think, you are really a Chief Cadre! You say Mutembo is guilty? So why are you having difficulties proving it? What happened to the Drug Charges which were used to set up the tribunal? What has happened to the “forged High Court judgement”? Brebnar Changala is conspicuos by his silence! Each charge is failing to stick. EL showed a lot of incompetence by taking Changala’s allegations and making them into “Terms of Refrence”. Unlike you, Mutembo does not worship politicians and insists on his rights. The fact that the tribunal can over rule Mutembo does not remove the fact that Judge Ngulube worked for Mahtani & Sakala was involved in the cases they shud rule on!
      When he appeals, the case will go to the High Court, who will agree with him on clear…

26. JK correct observation.

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