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Alba Iulia
Monday, January 20, 2020

Supreme Court reserves ruling in Mutembo Nchito’s case

General News Supreme Court reserves ruling in Mutembo Nchito's case

Former DPP Mutembo Nchito
Former DPP Mutembo Nchito
The Supreme Court has reserved ruling to a later date in a matter where the state is challenging the High Court decision to stay proceedings of the tribunal constituted to probe Suspended Director of Public Prosecutions Mutembo Nchito for alleged profession professional misconduct, pending the outcome of the judicial review hearing.

And Attorney General Likando Kalaluka contends that the High Court ought not to have entertained the application for Judicial Review by Mr. Nchito as it cannot be allowed to curtail investigative processes of the Tribunal.

Chief Justice Ireen Mambilima deferred ruling on the matter after hearing submissions and arguments from both parties at the Supreme Court in Ndola this morning.

Justice Mambilima sat with a panel constituting four Supreme Court Judges namely Deputy Chief Justice Marvin Mwanamwambwa, Justice Evans

Hamaundu, Justice Elizabeth Miyovwe and Justice Henry Chibomba.

This is in the matter where Mr. Kalaluka and Solicitor General Abram Mwansa have on behalf of the STATE raised three grounds of appeal against the Lusaka High court decision.

Mr. Kalaluka submitted that Mr. Nchito should have waited for the tribunal proceedings to come to an end and only go to court if he felt there was injustice in the tribunal findings.

The Attorney General argued that there is no need for the suspended DPP to go to court now, supposing that the tribunal clears him of alleged professional misconduct.

Mr. Mwansa submitted that the Judicial Review sought by Mr. Nchito was prematurely before court.

In Response, Mr. Nchito argued that some of the members sitting on the tribunal are connected to what he is alleged to have done and should not be allowed to sit on the panel.

He submitted that as a constitutional office holder facing a tribunal, he can only seek recourse in an event where there is unfair justice through Judicial Review.

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  1. The judiciary now is compromised.They always want to side with the state.It is very clear that the judges now days want to side with state because of intimidation frm Davies Chama and the Company.

    • Even if you are UPND, in this case siding with the state is a really really good thing.

      Viva President Nawakwi.

    • As long as you do not have honest reforms this will be the case …even the former no nonsense ECZ Chairwoman now Chief Justice has been muted with benefits and allowances!!

    • Mutembo Nchito – Sata’s best appointment. He is too smart, too sharp and too clean for the State to pull him down. Nchito’s head wanted by Chagwa so that he can put it on a platter and hand it over to RB. Shame.

  2. Mapalo, is that what you call preemptive tactics? Very dull indeed, the rest of us normal Zambians will wait for the ruling.
    And if you think that Judiciary in Zambia is compromised, it is clear that Mutembo Nchito does not share your fooli..sh opinion, otherwise he would not have applied for judicial review.
    Yaba, bu UPMD nabo, bwafya mwebantu, bulwele!

    • @Terrible. Mutembo is playing them at their own game. The judiciary is compromised. The ruling on bias of the three former Chief Justices was based on a High Court ruling when there is a Supreme Court ruling by Justice Sakala, which over-threw the High Court judgement. Just to fix Mutembo?
      And why does the state not want the Tribunal to be held in the open? Why don’t they want a judicial review if they have nothing to hide?

  3. I have no respect for Judiciary in Zambia. They are compromised, biased, corrupt and untrustworthy. Just look at how they have been nullifying elections. Just because they dance to Pf tune. Kak man!

    • Monica Mwanza, who told you that Mutembo is no longer DPP? He is still the DPP. The one issuing compromised ‘nolle’s & refusing to appeal RB’s judgement from the magistrate is an ‘ACTING DPP’. There is a reason why she is “acting”. The substantive holder of the office is Mutembo Nchito. ECL thought it was an easy thing to remove a constitutional office holder!
      Walila mvula walila matope!

  4. You can yap yap as you wish but it does not change the fact that the matter before Nchito is investigative which could recommend a clear or prosecution.
    Is this not true that DPP entered a nolle in Matthann forgery case of share certificate
    Is this not true that DPP entered a nolle in Matthan signature forgery of current Bank of Zambia Governor, Danny Kalyalya.
    Is this not true that it is these nolles that made Finance Bank be a lead arranger in the DBZ loan to the Nchito and Mmembe
    Is this the reason why Matthan guaranteed a loan of $4Mi to Nchito and Post from DBZ
    So keep yapping, it will not change the fact that Nchito is a thief and will never get back to DPP

    • @The Game. Did you hear the High Court ruling on the Mahatani ‘nolle’? The judge cleared Mutembo & castigated the Attorney General and the acting DPP! That makes it two of the so-called charges against the DPP already dropped even before the Tribunal starts!!

    • Yaba ba The Game ati “Is it not true that it is these nolles that made Finance Bank be a lead arranger in the DBZ loan to the Nchito and Mmembe”!!!! This is not a fact:
      1. The DBZ loan was procured before Mutembo became DPP.
      2. The loan was procured in 2006. Mutembo became DPP in 2011 and the nolle was given in 2012.
      I think you need to learn how to count as well as be a little bit more factual. Facts do not lie. When you say that “Nchito is a thief and will never get back to DPP”. Please provide proof. And by the way “who is the DPP”? Last time I checked, it was Mutembo Nchito! Seems it is proving a bit difficult to get rid of him! ECL – 0; Mutembo – 15!!

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