THE State has submitted to discharge the stay obtained by suspended Director of Public Prosecutions (DPP) investigating his misconduct because it lies against the Laws of Zambia that prohibits granting of injunctions against the State.
Attorney General Likando Kalaluka in the arguments to discharge the order granting leave to apply for judicial review by Mutembo Nchito, said an injunction obtained by the applicant was against the President of the Republic of Zambia.
“From the foregoing, we urge this court to take congnisance of the fact that the order to stay the decision of the President to establish the Tribunal and suspending of the DPP from performing his duties as such flies in the face of section 16 of the State Proceedings Act, Chapter 71 of the laws of Zambia that prohibits grant of injunctions against the State,” Mr Kalalula said.
Mr Kalaluka submitted that judicial review proceedings must not be used for forum shopping whilst the same issue between the same parties was pending determination by the Supreme Court.
The State also argued that the leave granted to the applicant should be set aside to pave way for the Tribunal to carry out its mandate as Mr Nchito had failed and neglected to substantiate the allegations of biasness.
“As regards the claim for damages for misfeasance in public office, we submit that this is untenable and that the applicant has not adduced evidence firstly of any breach of duty by the respondent, nor that he has suffered any damages or injury,” Mr Kalaluka said.
In this case, Mr Nchito had obtained a stay to stop the Tribunal constituted to investigating his wrongdoing by High Court Judge Mubanga Kondolo after he granted him leave to apply for judicial
review.
Mr Kalaluka contended that by entertaining the application for judicial review, the court would set itself on a path to either curtail the Tribunal’s investigative process or purport to interpret Article 58 of the Constitution.
“The decisions being challenged are not irrational or unreasonable as they are not outrageous in defiance, logic or accepted moral standards, the Tribunal acted reasonably to have it held in camera
taking into account precedents and the need to safeguard the office of the DPP,” he said.
He said any attempt by the court to start interpreting Article 58 of the Constitution was beyond its mandate in judicial review matters.
The matter comes up today for hearing.
Please throw out the silly application and let the cartel members taste their own bitter medicine . . . . but he also refused to recuse himself from persecuting RB ? He together with Mmembe prosecuted Late Mukelebai in camera? so who is he to be treated in a special way ! If he didnt know Edgar Lungu is determined to clip the wings of the cartel that was basking in Satas foolishness by hook or crook. The man will no longer be a dpp …finito!
Ba Mukelebai’s Ghost! Ati “…he also refused to recuse himself from prosecuting RB..”. A Prosecutor is required by law to recuse him. He is not the judge who weighs the evidence before him. That is why a Judge must not be biased. And by the way, Mutembo did not prosecute Mekelebai. Do not revise history.
And if Mukelebai was comfortable with holding his tribunal “in camera”, that is his prerogative. Maybe he had things to hide. Mutembo does not. That is why he wants an Open Transparent Tribunal. The problem with lies is that when you repeat them so often, even the liar begins to believe them as facts. Edgar Lungu is determined to clip everyone’s wings – including Pilato!
I meant to say “a Prosecutor is NOT required by law to recuse himself..”. It is a Judge who is required by law to recuse himself where there is bias. Let us not bend the truth becoz we hate Mutembo.
Mr nchito if u r really innocent then prove it sir,jus prove that thoz allegations r false
I’m perplexed by the learned Attorney General’s submission that a stay of proceedings against the state is precluded by the State Proceedings Act.
The State Proceedings Act debars injunctions against the state and not stay of proceedings.
In Wynter Kabimba V Attorney General, Wynter Kabimba challenged the decision by the agents of the state to transfer him laterally from Lusaka City Council to Kitwe City Council and a stay of proceedings was granted pending determination.
The arguments presented by the AG here were also raised in that case and the court ruled in favour of Kabimba, thereby setting a precedent.
Nchito is very much ready for the tribunal, but he wants it to be done in public, not in a jemasoni suitcase.
The so called learned judges made a ruling that the tribunal is only investigative and not adjudicative. But we know that the recommendation of the tribunal is final and will seal Nchito’s fate, being removed or re-instated.
Yes! Prove it that those charges are false! BUT LET US DO IT IN AN OPEN TRANSPARENT MANNER!!! NOT IN DARK CORNERS, IN SECRET WITH PRE-DETERMINED DECISIONS!
As someone has said “We don’t know what those old men want to do in the dark….”.
Let us get rid of all suspisions and have an open transparent tribunal.
Nchito please i am sure you know by now that your time is over please face the tribunal and let’s get over it,you did the same to the last DPP now it is your turn what goes around comes around be a man and move on stop fighting the system.
What about the court order that was granted in the case of the Judge Chikopa’s tribunal what is the difference can someone educate me plz am not in the legal field
If my memory serves me right the same man once advised late FTJ (MHSRIP) to prove his innocence and not simply avoid the process, what has changed? Whatever a man soweth so shall he reap. It applies to EVERYONE not just people you hate.
THE TRIBUNAL WILL GO ON NCHITO IS MERELY BUYING TIME BUT HE HAS REACHED THE END OF THE ROAD. HE IS LIVING SCARED.
MATHANI IS GOING DOWN M’MEMBE IS EQUALLY DOWN. EL YOU ARE GREAT AND FEARLESS WE SALUTE YOU.
This should mark the beginning of the end of the FRED MMEMBE era. He has outlived his purpose this hypocrite. Ba PF and OP you need to set up a complete wing under OP with special terms of reference and objectives to completely dismantle Mmembe and his corrupt cartel. These people have terrorized too many innocent Zambians for no good reasons, time to pay back. Ask the Americans or Israelis how they get rid of bad people.
Yes Mmembe terrorised FTJ the man who declared this Country as a Christian Nation and perhaps even contributed to his death, Mmembe was completely obsessed with Chiluba it was everyday talking about Chiluba this Chiluba that, so now let him pay.
Ba Sata na Mwanawasa were just a bit clever to cause him to be on their side otherwise ngabalibapwile nabobene
Mutale Chitapankwa! How does Fred Mmembe come in this issue? Maybe those who were terrorised are thieves such as FTJ, Richard Sakala, RBin, etc?
I can assure you that there is a corrupt cartel in power right now. You can see them trying to hide their Nigerian Oil deals, secret loans of $192million, K45million theft from Shoprite,….. This is the only reason they want to get rid of the DPP. But their time will come. Zambians are not stupid.
Mutembo Nolle Nchito Your time is up stop wasting our time .
Mutembo wants to be heard by a court matters he ‘failed’ to sneak in at the Tribunal ie he is running a parallel Tribunal one in the newspapers and another through various applications before the courts…..next stop Supreme Court…
Metembo has a point even I would not trust Judges like Judge Ernest Sakala. Remember how he refused to greet Sata at a public gathering, that tells you that he is a biased compromised Judge who has no integrity. He did not behave like a leader who serves the interests of all Zambians he showed partiality and impartiality. Can you expect justice from such a one?
Mando @ 6. That is why we have courts. Every person has a right to be heard. I urge Mutembo to go right up to the Supreme Court.
Mutembo is not afraid of this tribunal. All he wants is an Open Transparent Tribunal. The state wants a secret tribunal. Maybe their decision is already made? Predetermined?
Why are you afraid of the light?
meant Judge Sakala showed partiality and not impartiality