The Tribunal constituted to probe suspended Director of Public Prosecution (DPP), Mutembo Nchito for his alleged misconduct and abuse of office has thrown out all preliminary issues that Nchito raised.
The Tribunal led by chairperson and former Chief Justice Annel Silungwe has also ruled that the proceedings of the tribunal which commence this afternoon will be held in Camera.
The Annel Silungwe led Tribunal had previously failed to commence its formal sittings because Mr Nchito had raised preliminary issues among them the demand that former Chief Justices Mathew Ngulube and Ernest Sakala recuse themselves.
Mr Nchito had also claimed that the tribunal was incompetent because some of the terms of references were allegedly lifted from a letter civil rights activist Brebner Changala wrote to President Lungu petitioning him to constitute a tribunal to investigate Mr Nchito.
Delivering ruling on the three preliminary issues raised by Mr Nchito, Justice Anel Silungwe announced that the two judges do not need to recuse themselves.He said there is absolutely no merit for the two judges to recuse themselves saying Justice Sakala and Justice Ngulube will not recuse themselves because the facts presented before the tribunal do not pose a real danger of biasness. Justice Silungwe said Mr. Nchito is relying on scanty and disjointed facts to ask Judges to recuse themselves.
Justice Silungwe also announced that the hearings will be held in camera not in public in order to protect members of the tribunal and witnesses.The chairperson ruled that Nchito needed to prove that there was not going to be any justice if the tribunal was held in camera. Since he could not prove it, the tribunal will commence hearing in camera.
He also ruled that there is nothing irregular with the President as the appointing authority amending the Terms of Reference for the tribunal saying he can amend the Terms of Reference as he wishes.He said the President has powers to change the Terms of Reference at any given time.
The tribunal Chairman also took a swipe at some sections of the media over the manner in which proceedings of the tribunal have been covered saying they have been taking sides.
He said some members of the tribunal have set up parallel tribunals which might injure the integrity of tribunal members and witnesses.
Justice Silungwe also stated that the tribunal has a duty to serve and protect the office of the DPP adding that the office of DPP does not start and end with Mr Nchito.
We will still know what will be happening in secret as Nchito and his lawyers will be giving every detail to the Post. God bless Nchito, the smartest lawyer in Zambia.
Do not use our Lord’s name in vain. God lets his sun shine on the good and bad. He also lets us get rid of the evil so we the people can rejoice. The DPP has to go, that is a secred office for the good of the nation, not the pomposity of the arrogant.
@Action Man, the smartest crook in Zambia?
Dull headless chicken.
“Justice Silungwe also announced that the hearings will be held in camera not in public in order to protect members of the tribunal and witnesses”.
Protection from who? The DPP & his office are public affairs, why HIDING!? These PF BANDITS on the tribunal are just yapping, leave Nchito alone. Let the tribunal come atleast after RBs corruption cases.
As long as it’s in~camera, the tribunal is a FAIL, tramped up charges against Nchito. PF please, learn to respect the office of the DPP, moreover, he’s protected by the CONSTITUTION!
Bravo to Mutembo Nchito, despite his skeletons’, he is the best DPP Zambia has ever had. Viva Nchito, Viva DPP, no amount of PF propagandized tribunal can mock God.
The Skeleton Key
~206~
@Skeleton, you are one dull human being.
@Action Man, your actions would make sense if they were smart. Please stop accelerating in reverse gear with the intention of going forward! Nchito is a disgrace to the legal profession as shouldn’t be a role model to any well meaning citizen of our country – the allegations against him are grave and also constitute a serious betrayal of the trust of the Zambian people – just the kind of lawyer we should NEVER have again in such high public office!!!!
Well done Tribunal.
Please proceed in camera and let us maintain the importance of the DPPs position by discussing these issues away from public eyes
Ba post, sorry sana you have nothing to sensetionalize matters with
Even when you are charged before the court, the DPP is at liberty to amend the charges. Mr Chiluba, under Mr Nchito’s prosecution, started with 160 counts before being reduced to one or so after seven years. So,why cant ToRs for a disciplinary tribunal be amended after it has commenced. A bit of legal amnesia on cases we are familiar with. The criminal justice system needs to be redeemed.
We can’t have a media house that always want to portray his allies as innocent and term the people with different views as evil, holding proceedings in camera is the best way to protect the integrity of the tribunal to avoid prejudice and pre-emptying the all process, If the so called smart lawyer is innocent there’s no need to cry foul in some section of media, all that is needed is to face the judges and clear himself against all the allegations and in that way He will earn more respect. If the will be leaks to some media house Zambians will be able to judge the motive behind which is to pre-empty the tribunal to favor their so called ally.
Nchito thought he could insult our former justices and get away with it. On this one point he has insulted three lions on a war path.
While the justices are together, could they also have a side tribunal against a certain Jene Kapata MP. Useless cabinet minister. She has sentenced our lions and leopards to death.
Nzelu, that is why ignorance is dangerous. Is it an insult to say CJ Ngulube works for Mahtani? Is it an insult to say CJ Ngulube received $168,000 from Zamtrop which led to his resignation? Those are facts! Go and check them for yourself. CJ Sakala also tried to fix Judge Dennis Wood and lied about it. Check the facts for yourself. If you are willing to bury your head in the sand, that’s your business.
The accused is asking for Open Court while the accusers are busy fighting for a secret trial!
You are doing more harm to the Presidency & the Judiciary! Show us that you have nothing to hide! How do you expect us to believe you pre-determined result? You want to “protect the office of DPP” now? What about the time you were dragging him to Chongwe? That is when he needed protection!!!
Proceed with haste. There have been far too many unnecessary delaying tactics so far!
NCHITO INASILA NCHITO KUDALA. Be warned most lawyers were not happy with your conduct especially after the Swedish government pumped in money in investigating Chiluba and his cartel. You Nchito and your brother being selfish decided to keep all the money to yourselves.
The work for the tribunal is already cut out. There task is to recommend for Mutembo’s removal. The secrete sittings are a perfect stage for preparing a cross for nailing him after stabbing him in the dark. We know how this movie ends. How ironic for the Justices to serve an unju.t cause
The accused judges pass judgement in their favour.What a shame. They can’t step aside njala banyokola.
How can they step aside? Ni tribunal yabanyoko? They need to be on the payroll full stop.
Judge Silungwe is very wrong by suggesting the proceedings be held in camera. I too have my suspicion he has to hide something. Am not taking sides but am for openness and transparency. Let every true witness and truth come out in the open, DPP is a public office. What is strange here is that the accused is asking for open court and the accuser is vying for secret proceeding.
If you were an under age when Mutembo Nchito and his friend Fred M’membe falsely accused the late DPP Mukelabai and forced Levy Mwanawasa to institute a tribunal that held its sittings in Camera,you can be excused.The Post Newspaper or Mutembo Nchito never protested about holding this tribunal in Camera.What has now changed? Is it because it is Mutembo Nchito and not Mukelabai who was pushed to his early grave???
In his submissions, the Attorney General is on record as having said the state doesn’t mind the proceedings being held either in public or in camera & it was entirely up to the tribunal. So why are u claiming the accusers are clamouring for secrecy?
The accuser accused
Nchito is not the best lawyer at all we know his records at university. he is acrook
Will tribunal invite interested parties to the hearing since it will be in camera?
Just simple logic here, am not taking sides; Investigations can be done privately but court proceedings should always be open to the media and public for the truth to be known and also to avoid speculations. Am disappointed by the reasoning of this judgement. Am of the impression that witnesses are protected by provision of adequate security and not by holding court proceedings in secrecy. This is the kind of proceeding you would be watching live on t.v in other developed countries.
please learn to understand administrative law. a tribunal is not a court, but an administrative procedure. only in court are issues whether criminal or civil are held in public. no wonder nchito kept on failing Prof Mvunga’s course. He is just lack, no intellectual argument at allllllll. His preliminary issues raised were baseless. I wish Mvunga was part of the tribunal to tear him apart like his student, to peaces. He is a disgrace. Next time I wish the president can ask lecturers who taught these guys to give an academic view over anyone. There are some jobs that require excellent brains to put it simply, high performing former students.. A d+( pus) student must not be appointed to such a position.
Very interesting state of affairs! This chap Nchito is trying all sorts of legal gymnastics but they all seem to be flopping! Its now time to prove that he is not a legal heavy weight as a claims but just a simple and useless crooked guy hiding behind the veil of office of DPP! We shall see how that unholy idiet Mumumbe will rescue him!
By the way yesterday, i was monitoring how The Post News Paper has drastically reduced in terms of sales! Mumembe is now failing to pay his employees who actually get very low salaries! Imagine a guard being owed three months salary arrears! The chap is in a fix!
No. please do not celebrate about Mmembe’s failure to pay his works. I personally feel for him. But the mistake was to divert from the papers ideology. The paper was established to did deeper and not to witch hunt. It lost direction, because the editor has over stayed his use. When you have an idea of how to run a company never make it personal. If he is not careful, it may collapse completely. The idea of entrepreneur skills and knowledge is to pass them to others. This is what developed America.if one has an idea should be shared by everyone. Universities such as Harvard started like that. The government must enact a law that if one starts a company and runs it successfully for 5 yrs should cease belong to that person and must be reviewed and taken over, or fund it the company.
There is a precedent which was set by Mutembo Nchito himself. when mukelabai mukelabai was director of public prosecution Mutembo and mwanawasa did the same .it was held in camera to protect witness for mutembo to claim that justice is done in an open court , it is hipocrisy of its highest class. he should have started himself which he did’nt ,those of you who are ignorant about this, are showing you part of being mis informed.when mukelabai was hound out of office no one came to his rescue. until after the death of the man. it was known that mutembo and the post had framed him. so he who swallows the udala seed must measure the size of his anus.
Musonda Banda @14. Stop repeating lies that you have heard! Iam sure you have proof for what you are saying? Where is the proof the Mutembo set a precedent in the Mukelebai tribunal? Don’t repeat beerhall talk without facts! You remind me of the poverty stricken chaps who think every rich man is a wizard – without proof.
I thought all the charges Mutembo is facing were made in public? Wasn’t he dragged in public to Chongwe despite a High Court order? So, what has changed? Why should we have the sittings in secret? Maybe you are embarassed of the contradictions from the so called witnesses! We already know about some of them. And why did Silungwe rely on a High Court judgement WHEN HE KNOWS THERE IS A SUPREME COURT JUDGEMENT THAT CONTRADICTS HIM? Wow! Is this JUSTICE FOR HIRE? By the way for those of you who might be ignorant and are rejoicing too soon, Mutembo can appeal up to the SUPREME Court, where decisions will be based on the law – including the one Silungwe conveniently forgot about!
And so what if he appeals.In fact it is his constitutional right to do so. The tribunal is not a court, but an administrative procedure please. If he is cleared, well and good, then he can get back his job. In fact the president simply suspended him. Even simple logic defies the argument here. How do you appeal to the supreme court when you are not in a court of law for trial, but simply administratively procedure. I have never heard of any company that makes any of its employees disciplined
publicly. All matters regarding employees are held in camera, they only become public when they are in court. Mutembo knows, but simply wanted public sympathy, which has back fired. He was even lack to accuse the justices, and got away with it.
Mutembo just better refuse to attend this sham tribunal.
Let them try themselves na Chagwa wabo.
Everything is predetermined. You are guilty as charged, as far as RB is concerned.
Ndelolesha fye!! When a country has a single profession that only bikers and cannot agree on a simple issue then learn that development will be in 250 years.
Sorry I couldn’t post this on ZWD because I reckon they wouldn’t print it.
The ZWD is now taking the high road, claiming ‘principle’. If only people did what they preached. The self-claimed ‘principle’ is just marriage of convenience. It is here today but will vanish tomorrow. I heard this kind of self-praise ‘editorials’ before (from one Fred M’membe) and the first time I heard them, I was f00led. I said never again.
I’m afraid no one is principles in Zambia… I repeat no one! If you were, you wouldn’t be closing comments on your sponsor Machiani’s articles.