ATTEMPTS by embattled Director of Public Prosecutions (DPP) Mutembo Nchito to scandalize and boycott the Annel Silungwe will not help him escape from being investigated for his alleged abuse of authority of office and incompetence, National Restoration Party (NAREP) president Elias Chipimo has said.
Mr Chipimo said President Lungu constituted the tribunal to investigate alleged professional misconduct by Mr Nchito and that it would be a course of irresponsibility on the part of the suspended DPP if he chose the path of boycotting its proceedings because the hearing would continue even in his absence.
Mr Chipimo said it was not for Mr Nchito to demand the resignation of some of the members of the tribunal on account of not liking them or unfounded fears of partiality because the tribunal members had been sworn in and had already commenced executing their mandate.
He told the Daily Nation that Mr Nchito would be sending the wrong message as an officer of the court by walking out of the tribunal because of unfounded fears of biasness by some members of the tribunal he had had brushes with.
He said Mr Nchito had the right to go court if he did not like the composition of the tribunal instead of embarking on a course of scandalizing individual members of the tribunal with the aim of frustrating its proceedings so that it could fail to execute its mandate.
Mr Chipimo said boycotting the tribunal would not halt its proceedings and that the tribunal would receive evidence from the witnesses and make recommendations to the appointing authority.
“Mutembo Nchito has been given the opportunity to be heard and scandalizing and boycotting the tribunal proceedings will not help him exonerate himself from the many allegations he is facing. As an officer of the court, he will be sending the wrong message and the tribunal will continue with its proceedings if he chooses not to be heard. It will be an irresponsible course of action for Mr Nchito to walk out of the tribunal. The tribunal must be allowed to fully execute its mandate and if Mr Nchito will not be happy with the outcome, he reserves the right to challenge the recommendations in the courts of law,” Mr Chipimo said.
Mr Chipimo said suggestions that the tribunal should be suspended so that Mr Nchito should be dragged to court and only be brought after he has been tried and convicted by the court were legally not attainable because the DPP was still enjoying his immunity from prosecution on decisions he had made.
He said no one can take the DPP to court to challenge him on decisions had been making in his course of duties and that the tribunal was the only course of removing him from office.
He explained that at the stage the tribunal had reached, its members would not be allowed to resign unless there was an extremely good and compelling reason; the proceedings would have to continue to its logical conclusion.
And some opposition parties have demanded that if Nchito remained bigheaded and obstinate the President should postpone the Tribunal and invoke Article 57 of the constitution that will allow the acting DPP to prefer criminal charges of abuse of authority as provided for under Article 139 (10) of the constitution.
“In court charges will be very clear and the process will be in the open as required by Nchito himself. At the end of the trial the tribunal will have an even easier task since all the evidence would have been heard.” Zambia Direct Democracy Movement official Mary Mvula has said.
“We cannot have one man hold the whole country to ransom because of ill conceived ideas, when the law is very clear.” She said.
And former transport and communications deputy minister Alfred Ndhlovu has said Mr Nchito would be arrested and prosecuted for criminal attempt to walk out of the tribunal proceedings in protest against former Chief Justices Mathew Ngulube and Ernest Sakala who are the members of the tribunal.
Mr Ndhlovu said Mr Nchito should know that the only person with immunity from prosecution was the President and that if the DPP was going to exhibit insolence and boycott the tribunal, he would easily be arrested and prosecuted.
He said the Annel Silungwe Tribunal was the best because it was being chaired by the country’s first black Zambian Chief Justice taking over from James John Skinner after independence.
Mr Ndhlovu said the Annel Silungwe Tribunal was the finest with members who succeeded each other as the country’s Chief Justices and it was unacceptable for Mr Nchito to discredit and scandalize the inquiry.
“Justices Silungwe, Ngulube and Sakala are the brains and we cannot have a burdened man like Mr Nchito cast aspersions on them.
And let him know that if he is going to attempt to walk away from the tribunal, he will have to be arrested and prosecuted.
He must know that the only person in the land enjoying immunity from prosecution is the President and Mr Nchito who had been the advocate of stripping former presidents of their immunity is not going to ecape jail,” Mr Ndhlovu said.
Sadly Nchito feels he can ONLY be exonerated through his friend’s newspaper. That is the same newspaper they used to scandalise and have DPP Mukelebai removed from office so that Mutembo could then run freely in making money on those court errands in the name of prosecuting FTJ. Mukelebai was seen as a stumbling block.
He said the Annel Silungwe Tribunal was the best because it was being chaired by the country’s first black Zambian Chief Justice taking over from James John Skinner after independence.
The reason above is sad to read. This cannot be a justification, because replacing a white person means nothing in itself. Dear mr minister next time you think of a reason please let it be a good one.
In this country is now easy to tell which direction a comment will take by simply reading the name. Mvula, Njovu and you know which side they will be and the opposite is true.
Fire him already! If he wants to boycott let him. His fat behind didn’t have a problem trying to get back on his friends’case as a prosecutor when clearly he had a conflict of interest. The judges in question have a professional misunderstanding with Nchito, nothing personal. Besides they are not the only ones on the tribunal. So MR Fatso Nchito, man up and tell the truth.
That is his constitutional right you muppert
Mutembo after he has been tried and convicted. What happened to not guilty until tried and convicted. Mutembo RB has got you. Next is Mmembe sic! Jungle law.
Nchito shall respect the tribunal and exonerate himself as wisely advised by Chipimo, Mary Mvula and Alfred Ndhlovu.
No where to run
No one seeing logic except the PAST
Now it has started showing why people were asking for a tribunal. Mutembo has something he is hiding
But like said, walking away will prove his criminality of walking out the Justice Mutuna’s court.
Mmembe is trying and praying that something bad happens to have elections hoping that they have a friendly govt. Rest assured any govt that comes in will continue with this matter as it in the public interest that we know who criminals are in this country.
This tribunal is going nowhere.You cant form a group just to protect an individual who we all know is a thief.Let RB answer for his sins,that’s all.
What happens to the tribunal which changes its terms of reference? Does it remain the same or not? Why did the complainant Changala withdraw the allegation of planting drugs on him and forging the documents? These allegation have been in Public domain for a very long time and should have been proven.
These are serious allegation and we are interested to know that Mutembo forged court documents and planted the drugs on a private citizen but if such allegation are withdrawn then we won’t know the truth.
Just look at the list of the so called opposition political parties – nashala neka parties not different from Frank Bwalya’s.
Despite the 2 allegations been dropped. There are still other pending allegations. I think 5 or 6 hence the Tribunal still has work to do. Nchito’s main worry is that a precedence was already set in the DPP Mukelebai’s removal. Nchito and Mmembe were key players in that tribunal. Mukelebai was still removed from office even when he had been cleared of any wrong doing. In the same vein Nchito knows that it would still be possible for him to be removed even if the Tribunal cleared him. All it takes is for the Tribunal to state that while they find him to have committed no wrongs, they however feel he should be removed from office as DPP becos of loss of trust. This is how Mukelebai was dropped. This is what is called “Tasting your own medicine.”
I have been wanting to read the Daily Nation but I can’t find it each time I gugula. Anyone with a site for the Daily Nation? Thanks!!
try to search it on facebook.
Hang the maggot
You can give me 2000 minuses Mutembo is still a maggot
NCHITO IS A TWIT WHO THINKS IS GREAT BUT ANY ZAMBIA CAN SEE THAT NCHITO IS A DULL LAWYER AND SURELY IT WAS A GRAVE MISTAKE TO HAVE HIM AS A DPP. LET HIM JUST BE SOBER AND ATTEND THE TRIBUNAL SITTINGS
It is necessary to address the objection being raised by a learned officer of the law. If the objection is petty, silly or misguided, then proof of the same is still missing. The law can not afford even one case of miscarriage of Justice. One injustice now is one injustice too many. Please address the question of being suitable members in view of the new revelations. If the new revelations are ridiculous, then just demonstrate how ridiculous they are before proceeing wbusiness as usual. More esopecially, any form of intimidation is wrong. In Justice, even wrong doers must enjoy their dignity of fair treatment.
Dr Makasa. Are you saying having professional difference amounts to enmity. Is exercising administrative duties by authorities on issues raised by juniors enmity. Is this the type of lawyers this country is producing. Guss. Mutembo is just playing monkey tricks with Mmembe behind.
But no amount of twisting will change facts. Tribunal is about investigating allegations raised against him. An accused cannot dictate terms under which he will be investigate. Where on earth? This is indeed a laughable matter coming from a person who was trusted with justice in the country. He fits outlaws and bandits definition.
What am I missing? There is nothing in the article to suggest Mutembo wants to boycott the hearings. Furthermore, there is nothing wrong with challenging the composition of the tribunal if the accused feels aggrieved. Let justice not only be done but be seen to be done and Mutembo will get his due when it is all said and done.
I see nothing wrong with Nchito’s objections. This triburnal is filthy from inception. The key allegation of the one who moved the tribunal(Changala) have been dropped. The tribunal is for RB and Lungu finish-they are the one’s who moved the tribunal. Nchito has a right to move out and let them conclude the rubbish tribunal. ECL and RB’s days are numbered. Even RB’s crooked son who had run away is back-what a country-no wonder Africans can nevr develop!!!
The PF seem to have paid all hungry and unprincipled politicians to speak ill of the DPP; Mutembo Nchito. Even the cancer and HIV/AIDS stricken patient Chipimo has joined the band wagon of wolves.
The promising Chipimo is now the laughing stock of children and has now been thrown in the dust bin of history. He is now useless as a PF Kaponya Man. Elays Chipimo, you HIV AIDS sick man you cant even win a ward by election. You are very stupiit.
Mutembo is an *****. Time has caught up with his evil deeds. He contributed to the death of the best DPP we had in the name of Mukelabai. Stupid cartel, stupid Mumembe says KK