Green Party of Zambia has advised President Edgar Lungu to urgently appoint more members to the Mutembo Nchito tribunal.
Green Party President Peter Sinkamba said Mr Nchito could ground to halt the Tribunal proceedings, if he decides to seek a judicial review over Justice Ernest Sakala and Justice Mathew Ngulube membership to the tribunal.
Mr Sinkamba said since the Tribunal at the moment comprises only three members, if two members are removed, then only one member remains making the Tribunal incompetent to proceed.
He said President Lungu can prempty this move by appointing at least two more Tribunal members so that the Tribunal consists of five members.
‘If the President did so, he will be acting within his Constitutional powers in that the Constitution only provides for minimum number of members. It does not limit maximum number of members. Even if two members are removed or declared interested parties, the decision of the Tribunal will still be binding and regarded as a majority decision,’ Mr Sinkamba said.
He added, ‘I say so based on the decision of the court in the matter of Motor Holdings (Z) Ltd v. Raj Raman, SCZ Judgment No. 17 of 2001 (unreported). The judgment is a ruling on a motion moved by the respondent and denied by the court. A panel of three judges heard the appeal in the case, but one judge died before judgment was delivered.’
‘The respondent sought a rehearing of the case under rule 78 alleging unspecified accidental slips or omissions. At the hearing he abandoned that line of argument arguing that the two judges remaining on the case lacked the necessary quorum and jurisdiction to render a judgment by majority.’
He continued, ‘The court ruled that in the event of the death of a judge who was one of the three members of an appellate court which heard a case, a rehearing must take place only if the remaining two do not agree and hence there is a deadlock. If the remaining two agree, they constitute the majority and their decision is the decision of the quorum.’
Thanks Ba Sinkamba for advising the President correctly. We need to get done with these criminals and move forward with other pressing issues of national interest.
He is perhaps on weed.
Leave the DDP alone & have respect for that important office.
There is no rush, let Mutembo Nchito do his job as the constitution is clear about the DDP’s office.
Apparently, the Nigerians are currently in the country to get their money back from a corrupt individual. The chief mambala has no where to run & hide now.
The justice system should first finish with the RB cases of corruption & Mutembo Nchito is the current DDP as ratified by parliament & the constitution is clear in its entirety.
No amount of shielding corrupt elements will go unnoticed, check & balance, let RB face his own selfish concoction of Nigerian OIL.
Sata is turning in his grave for maliciously propagandized agenda of getting rid of Nchito. Lelo RB & Visionless.
The Skeleton Key
~206~
Well if he is on weed as you say, then it’s doing him good!
And why is everyone against Mutembo?
Even this 1diotic man then?
I hope Mutembo is exonerated in the end.
Thanks
BB2014
Guy is definitely on something but for anyone to claim to know what he is on is highly speculative and presumptuous.
The question is if two more are appointed, bring the total membership to five, does it still remain a TRIBUNAL? Careful, Mr Sinkamba!
Yes, it will still remain a tribunal.
Don’t misunderstand the TRI in the word TRIBUNAL to mean 3 adjudicators.
In layman’s language, a tribunal is simply a body sitting to adjudicate on a specific matter.
Are you a mathematician? Don’t worry, if 5 members are appointed, it will be a pentabunal. If six members are appointed, it will be a Hexabunal. You can go on to Octabunal etc.
At the time when we have an unprecedented deficit, we should be talking about cutting down on unnecessary spending. These tribunals are a drain, adding two more members will deplete our national coffers even further
what is Sinkamba’s interest? to punish Nchito? or mere show off of some legal understanding or seeking ruling party attention?
The Nigerians are in, looking for some individual who benefited the US$2.5billion.
I think this should be a priority of PF. The kwacha & economy are in limbo, so PF regime should quickly move in. The culprit should be made to account for their selfish agendas.
They are more important issues needs attention, thus Kwacha & Economy! The entire PF against Mutembo Nchito? Common, Changala is in a juggernaut with made up stories. Newton N’guni is just a mole used by big Bandits.
Parliament & Sata did well on Mutembo Nchito to be DDP. The visionless was blindly coated in oil, turned against Sata’s vision of fighting corruption. Now RB & his MMD have suffocated PF of Sata.
Leave Nchito the DPP alone!
The Skeleton Key
~206~
Why are you questioning this wisdom, do you eat with Nchito? Why are you always negative when this guy has raised a sensible point? You are the ones who abuse women even when they are talking sense. Grow up Gwaba @ 4.
Skeleton, have you ever seen 2.5 billion or even counted Kwacha, not to speak of dollars? Nobody is an ***** to give somebody $2.5 billion and get away. USA, Britain and all governments of western world would have noticed that and the person giving and receiving would have been eliminated by now. You are just a paid gun, hired to yap and create confusion. A little respect that I had for HH has gone with the kind of lies his paid chics are uttering.
This issue is rubbish.Why should the country with all these social challenges of lack of schools,clinics ,jobs be wasting money just to please and protect a thief.Why cant it wait if truly RB is innocent. Let’s be serious as a country.
Mkandasenga, I agree with you. if RB is innocent, why the hurry to get rid of the DPP? Maybe it shows us that he (RB) knows that he is not innocent.
From the way things are looking, it seems that we might have a group of thieves running the country. RB is definitely pulling the puppet strings. All people who were brought in by Sata to fight corruption are being ejected.
This is the price we pay for for opting for a viisionless leader. It is Rb calling the tune.
All those supporting Mutembos’s ill perceived arguments on his want of the two justices to recuse themselves are just against tribunal to proceed hoping that their perceived enemy RB will coil back into sadness. You are mistaken.
Arguments raised by Mutembo are legally not sustainable as this will affect all judges and the entire judiciary in Zambia will collapse. This is desperation by criminals that have lost control of the presidency. The differences Mutembo is raising are administrative that normally arise when professionals are arguing. The case in point is the current professional arguments Kalaluka and Mutembo are trading before this tribunal. Will Mutembo in future in another case ask Kalaluka to recuse himself for having differed with him this tribunal. Far from it.
How much have they paid you ?? Are you another Ng’uni ??Zambia seems to have alot of useful 1diots indeed
What I don’t understand is whether the guy is trying to demonstrate how to hold a parker pen vertically or he is trying to emphasise some kind of point about how green the Mutembo Nchito tribunal should be. And why is he not wearing a green shirt?
This is a useless triburnal and a drain on national resources. Going by the arguement advanced so far by Mutembo he has a good case. I also like the man’s courage to face these old madalas and tell them off in their faces.
Mutembo has a very good case indeed. Who doesnt remember Justice Ngulube s’ Zamtrop accout’ built mansion and Mutembos’ front role in his firing from being Chief Justice ?? And then you bring him as an impartial adjudcator in trumped up charges against Mutembo???? Even Chagwas’ thinking is terebly strange and shameless. We have to vote this sick man out
Mutembo’s boldness and courage makes me proud to be a Zambian! He is plain spoken, no insults but is able to tell it as it is.
Not those who have the power and want to remove him, but are hiding behind Brebner Changala!
Iam also impressed with his grasp of the law, making the AG & SG look like lightweights. Maybe they are lightweights.
Kavuyi & Kim
Very loud & clear. They just want to get the DPP Nchito out as corruptly & quickly as they CAN’T .
All I see is Sata’s hypocritical legacy being abandoned, PF has been hijacked by mambala from MMD.
These judges lined up for a money, unjustly suffering from denoted with corruption are at the center stage of unsubstantiated claims. Changala has started back peddling from buttered PF illusions.
Nchito has his skeletons,but PF’s abandonment of Sata’s legacy by the visionless is perplexing.
PF, lets first deal with RB,s skeletons, intertwined with the exception of the economy as well as kwacha. Leave the office of the DPP & Nchito alone, Sata knew the intruders who verged to jump into PF once gone.
The Skeleton Key
~206~
If people don’t agree with the tribunal, the president must appoint 6 others to the tribunal.
It will be a Hexabunal. No escape for Mutambo.
I like people who have fought corruption and God is on their side. Not these visionless leaders who make deals with thieves so that they get into power, God will punishment big time. The old man RB has no shame to steal from the nation and want to continue ruling behind the scene.
Your cursed and your family for the next 4 generations. wait until these things starts to pass and you will release the missed opportunity you had.
Leave Mutembo alone you losers.
A weed is good. You see we move very fast and get rid of the so called cartel and concentrate on important issues. That’s why we are against Mutembo and his minions at mwijifumu
Diplomat-the cartel is in mambala Banda and the drunkard Lungu. Look how they abused the law and Brebnal(hypocite) just to go after Mutembo. Even the Police Chief refused to obey court orders.Even this mambal Davies Mwila had the courage of denouncing the couts instead of focusing his little energies on organising the defunct PF/corrupt MMD? Shame indeed. The Kalalukas are no match for Nchito-they are looking like school boys
The call to increase the membership to the Tribunal is designed to introduce some weeds to dilute the process in favour of the Cartel. The Tribunal is not a Commission of Inquiry.
I doubt the intellectual capacity of Sinkamba. A trace of Cannabis molecules on humans brings about permanent injury on some faculty of the brain – even if they stop inhaling the stuff in their lifetime.