THE Lusaka High Court has dismissed suspended Director of Public Prosecutions Mutembo Nchito’s application for leave to apply for judicial review into the continuation of the sittings of the tribunal tasked to investigate his alleged professional misconduct and acts of impropriety.
Mr Nchito had asked the court to grant him leave to apply for judicial review of the decision of the tribunal set up to investigate him to continue sitting.
Mr Nchito wanted the court to quash the continuation of the tribunal sittings on grounds that the Constitution no longer provides for its existence.
He contended that the tribunal is illegal and that a jurisdictional issue had arisen when the Constitution was amended and that this is pending determination in the Constitutional Court.
But Attorney-General Likando Kalaluka submitted that the High Court is bound by the decision of the Supreme Court to give the tribunal an opportunity to carry out its investigations without undue fragmentation.
Mr Kalaluka argued that Mr Nchito’s application has no merit as all provisions relating to the operationalisation of the Constitutional Court are not yet in effect.
He said proceedings pending immediately before the effective date shall continue before the same authority even after the enactment of the constitution.
In her ruling, High Court judge Petronella Ngulube said that allowing judicial review of interlocutory decisions of administrative tribunals would hinder them from efficiently conducting their administrative inquiries.
Mrs Justice Ngulube said a tribunal’s interlocutory ruling can be challenged when an application is exceptional that Mr Nchito would suffer a fundamental failure of justice.
She said Section 16 of the Constitution of Zambia Act, number 1 of 2016 provides that proceedings before a court or tribunal shall continue to be heard and determined by the same court or may be transferred to a corresponding court established by the Constitution.
“By virtue of the provisions of Section 16, the tribunal still has mandate and power to continue sitting and determine issues before it. As such, it is erroneous and misconceived for the applicant to refer to it as a defunct tribunal,” Mrs Justice Ngulube said.
She found no exceptional circumstances to warrant the exercise of her discretion to grant Mr Nchito permission to commence judicial review proceedings and that there was no case fit for further investigation.
“This application fails for lack of merit and I accordingly dismiss it,” Mrs Justice Ngulube said.
Mambala iyo panji?
Mutembo, appeal to the Supreme Court. This is unacceptable.
what is this heavey bum scared of? Just go through the tribunal and get done with already. it was sweet for his to prosecute others but he finds it unfit now. *****
The cartel used to tease FTJ that his day in court had arrived, when they convinced Levy that FTJ was the biggest thief Zambia had ever had, over a USD 500,000.00
These guys ripped more money trying to get back the USD500,000 and justified it by saying that thwy had to make an example of FTJ that stealing public resources was a punisheable offence. These same people, together with Levy looted the country and managed to install themselves as the defacto rulers of our country
Mutembo Nchito, what is good for the goose is good for the gander…your day in court has arrived!!!
Fat Albert, just face the law!!
Counsel, you are embarrassing the legal fraternity. This is no good legacy and bad jurisprudence.
That serves him right. Is he a UPND cadre? the symbol he is waving.May be that’s why he is buying time hoping there will be change of government come 11.08.16 that can let him off the hook. Matuku-tuku ngoipa acimwene. Andione andione anagwa m’madzi a thobwa.
The man is damn scared.There is something he is hiding that most people do not know.He used to persecute others with his tabloid,Post, instead of prosecuting them.What sort of a lawyer is he who has a heart of a chicken.Lawyers are supposed to be strong like eagles.I miss lawyers like Remmy Mushota.Even when the man knew that he was wrong,he had to face the tribunal with resiliency.He defended himself,not in camera,but in an open court.We need such lawyers who are tenacius and resilient.People have started speculating that this Mutembo is hiding something because of his cowardice.There are a lot of things he swept under the carpet which the nation has to know.Nanga ayopanji mambala!!!!!
@Mbaluso. Remmy Mushota who “.. defended himself NOT IN CAMERA BUT IN AN OPEN COURT.” That is all Mutembo has consistently asked for and his detractors have consistently denied him.
Who is hiding what? Mutembo has asked for an open court but Govt has insisted on a secret trial with Judges who already have an axe to grind against Mutembo. No wonder Mutembo is afraid that there is no justice here, only a pre-determined execution by ECL & his discredited CJ’s Matthew Wataba Ngulube & Ernest Sakala.
Don’t take us Zambians for fools! All the shady characters who were around FTJ & RB have congregated around ECL. We will have our say when the day of rekoning comes! Viva Mutembo! He is within his rights to exhaust all the court processes within the law!
mutembo nchito tried late DPP Mukelabai Mukelabai in camera. There are no legal issues here, the chap is scared
There was a time when I used to admire Mutembo Nchito as a high flying lawyer but no more. The question is why is he trying by all means to avoid facing the tribunal?
There can only be one reason. He knows that he is trapped and the only way to save himself is by applying delaying tactics but for how long will he do that?
Now there is speculation that he is hiding a skeleton in his closet and he doesn’t want anyone to see it.
Prove the people wrong by facing the tribunal and let us see if you are the seasoned lawyer i thought you are. Don’t let me down.
He is just another kawalalala – tizamusiliza
I was rubbish end on this forum when I stated that this would be the outcome. Angel Silungwe, who is in this tribunal was first off CJ of Zambia and then Chair of the technical committee. He knew matters of this nature would arise and adequately provided for them. Guys, we just have to read, and not speculate. I also advised Mutembo to no longer consider himself with the hounds. He is now their prey so much use a more coordinated approach than behaving as though he is still DPP… Enough said.
Oops, autocorrect at work. I meant rubbished and not rubbish end…
Lol we told this fat desk lawyer that he was racing against none legal issues his appeal must be granted with a deposit fir security of costs as he is flying in the face of the guidance on interlocutory applications already ruled on. This ex Dpp misses flying first class being an investigator and prosecutor all in one voice because he law unto itself . The actions of this man are not only stupid but are akin to a person with mental challenges. Indeed the wheels of justice move slowly but they rein you in until you answer for your crimes. Bid farewell to the good public life and the big office besides the other officers used to be amused by your a flawed approach to criminal law