SUSPENDED Director of Public Prosecutions (DPP) Mutembo Nchito has appealed against the High Court decision to dismiss his application for leave to apply for judicial review in a case in which he is contesting the continued sitting of the tribunal probing him which he claims is illegal.
According to a memorandum of appeal filed in the Supreme Court in Lusaka yesterday, Mr Nchito contends that High Court judge Petronella Ngulube erred when she suggested that he was “forum shopping” and that the judicial review was not applicable.
He argued that Justice Ngulube was selective when she construed section 16 of the Constitution of Zambia and failed to deal with the fact that that section of the law does not apply where the Constitution repealed the provisions providing for an ad hoc tribunal to probe a sitting DPP.
“The learned puisne judge erred in law and fact when she relied on the case of Attorney General vs Mutembo Nchito…without taking into account the provisions of the Constitution as amended by the Constitution of Zambia Amendment Act number 2 of 2016 and that the said case in any event held that judicial review must be allowed where fundamental injustice would be occasioned if not allowed,” he noted.
Mr Nchito said the judge erred when she based her findings on decided cases which did not deal with a situation where the Constitution was amended to abolish a tribunal half-way through the sittings of the said tribunal.
What is this !diot scared of. We are now beginning to suspect that you are guilty even before proven innocent. Kikikiki
The chap is behaving as if is not a lawyer…Chap you have reach a cul de sac
@HH Techilema: Speak for yourself you ID.IOT and NOT for all of us!! Who is we? What a shameless mother fuc.ker!!
The friend he lead to the slaughter house submitted himself lost his job and died in destitution.The many retirees he has gotten convicted and sentenced to prison terms,does he realise how they feel?Just submit yourself to the tribunal.Does the amended constitution apply retrospectively in any case.
Mr Nchito, I hope these are not just delaying tactics – and may be you have made a deal with the new in coming govt, to rescue you after August. But I hope they will also see your malice and the injustices you committed against the generally Zambian citizenry while you perched high there, as the DPP. I pray to God your time in court comes one day, and that you are fairly punished for it
@tione, there’s no incoming president cos the same pf/Edgar , will continue after Aug 11. He is yet to feel the pinch.
Ayopa chani kansi??
How many times will this guy take this case to court? Hope when reach a point where can go no further with courts he should b made to pay for the cost the tribunal is attracting because of these delays.
I like this guy nchito.people should not just submit but argue about it when it makes sense like he’s doing.the current constitution doesn’t allow that and must be followed full stop
The constitution says all pending cases before the courts or tribunals should continue being heard or may be transferred to the new established courts,i guess this was deliberately put in place to deal with the transition period to avoid confusion and to ensure continuity. Uyopa chani mambala?
The constitution says all pending cases before the courts or tribunals should continue being heard or may be transferred to the new established courts,i guess this was deliberately put in place to deal with the transition period to avoid confusion and to ensure continuity. Uyopa chani mambala?
The saga continues. What would Jackie Collins have called this one. Independence Avenue wives?
This is what will happen when the next president differs with their Veep. You will have to learn to live with them as you cannot fire them. Lesson is the constitution (& law) is bigger than anyone. Decisions should never be whimsical.
They was nothing selective the Ex-DPP wants to reargue what has already been argued in the lower courts decided and upheld by the Supreme Court he is well aware his application will be dismissed but then he will then proceed to the “none existent’ constitutional court the saga continues its the sane thing he has done with the money he stole from DBZ disguised as a “loan” which he later tried to resale to the lenders in the form of equity participation
What do citizens have to do to get justice out of our Judiciary?
Shall we revert to instant citizen justice, by dragging him into a market square and metering instant justice by mob lynching him? They continue failing this is what will happen.
This is a vexatious respondent, please judiciary ban him from appealing until after case heard ( not even after, appeal won’t be necessary)!
Uyu naena achilamo!
You time is up , just venture into something else .
He came up with the most incompetent case against Mukelabai Mukelabai.Mukelabai submitted himself to a tribunal was found innocent but the tribunal recommended that he be retired.Mukelabai who had just lost his wife then went to South Africa where he died a lonely man.Now fat desk lawyer does not want to submit himself to a tribunal.The soul of Mukelabai will not rest till he sees justice.Fat desk lawyer is fighting a loosing battle.
This guy is fighting a losing battle. He designed too many of his actions based on personal bias that the tribunal sitting will uncover not only misconduct but indecency too. Good luck hunter turned hunted!!! The season is over, the Bears are up from slumber. Wapya baisa!!
The Judge was on firm grounds in her interpretation of Section 16 of Act No 1 of 2016. Yes, she may have misdirected herself by considering the Supreme Court decision in Attorney General V Mutembo Nchito which had no relevance to the application before her. However, that misdirection is not fatal because she interpreted Section 16 of Act No 1 of 2016 on which Mutembo’s application was anchored on. Therefore, Mutembo’s application lacks merit and this time around the Supreme Court will dismiss his application with costs.
We zambians lack perseverance Let him exhaust all what he thinks is right by law.let us not be pushovers.Nchito take them on