THE Annel Silungwe Tribunal yesterday resumed sitting with suspended Director of Public Prosecutions (DPP) Mutembo Nchito, who is under investigations, indicating that he will call 30 witnesses to defend him.
The tribunal resumed after a two-week adjournment following an application by Mr Nchito to allow him time to prepare.
The State concluded its submissions about two weeks ago after which Mr Nchito requested for an adjournment to allow him prepare his witnesses as part of his submissions.
This is expected to be the last stage of the hearing before the Annel Silugwe-led tribunal makes recommendations over the allegations that Mr Nchito, SC, abused his authority as DPP in his operations.
Mr Nchito has been without legal representation at the tribunal after his brother, Nchima Nchito, withdrew together with the entire Nchito and Nchito advocates from the proceedings.
Sources have revealed to the Daily Nation that Mr Nchito has named 30 witnesses to appear before the tribunal in his defence.
The State closed its case at the tribunal on March 9, 2016 and only resumed yesterday on its final duration before it makes recommendations of its findings to the President who is the appointing authority.
Last year, President Edgar Lungu appointed the tribunal to probe allegations of abuse of authority of office into the conduct of the DPP, and was subsequently placed on suspension.
But Mr Nchito commenced court proceedings with the intention to nullify the tribunal and its operatives, claiming persecution.
But the Supreme Court in February 2016 ruled in favour of the proceedings going ahead and probe Mr Nchito. Again Mr Nchito applied through the High Court for judicial review to act as a stay following an application at the Constitutional Court against the proceedings of the same tribunal, but High Court Justice Petronella Ngulube dismissed it.
Ms Justice Ngulube threw out the application citing the defendant for “forum shopping” following several applications being made over the same matter in different courts, all against the Supreme Court Ruling that gave mandate to the tribunal’s existence.
On this one, I will side with Kapompa Saladi( Mutembo Nchito)
Article 16 (1) of the amended constitution act no 1 states that;
Unless otherwise provided under the Constitution as
amended, proceedings pending before court or tribunal shall continue
to be heard and determined by the same court or tribunal or may
be transferred to a corresponding court or tribunal established under
the Constitution as amended.
The first sentence is enough “Unless provided under the constitution as emended”.
But Act No 2 in Article 182 Clause 3 states that:
The Director of Public Prosecutions may be removed from
office on the same grounds and procedure as apply to a judge
Article 143 of Act No 2 states that.
A judge shall be removed from office on the following
grounds:
(a) a mental or physical disability that makes the judge
incapable of performing judicial functions;
(b) incompetence;
(c) gross misconduct; or
(d) bankruptcy.
Article 144. (1) The removal of a judge may be initiated by the Judicial
Complaints Commission or by a complaint made to the Judicial
Complaints Commission, based on the grounds specified in Article
143.
(2) The Judicial Complaints Commission shall,where it decides
that a prima facie case has been established against a judge,
submit a report to the President.
(3) The President shall, within seven days from the date of
receiving the report, submitted in accordance with clause (2),
suspend the judge from office and…
30 Witnesses with the hope that by the time they are done with them, ECL will no longer be in office. Just clear your name Mutembo.
Zondwayo, this is how people clear their names in court! He is calling 30 witnesses that will demolish the half hearted attempts by the state to lie about him.
“proceedings pending before court or tribunal shall continue
to be heard and determined by the same court or tribunal or may
be transferred to a corresponding court or tribunal established under
the Constitution as amended”
@1 the above is the crucial part of the provision. What this means is that unless the constitution states that MN case be transferred then it would ordinarily continue under the previous law…something the Fat Desk Lawyer selectively chose to understand or better still displayed his ignorance. 30 is a good number like the 30 pieces of silver he got under the Task Force….
@3 ellen. The clause states “shall continue unless otherwise provided” for under the amended constitution. The question to ask is “has the amended constitution provided for the removal of the DPP”? How has it provided for it?
And by the way, he seems to be doing a good job of defending himself! The state only had six (06) witnesses! After all that talk? Surely?
Did Brebner testify? And Nguni? The fact of the matter is that ECL removed Mutembo to free RB.
Fat Albert is a crook. The new constitution is clear in that what it is saying in simple, plain english language is that the Tribunal shall continue handling Mutembo’s case unless it gets transferred to …As matters stand it has not been transferred and it appears it will not be transferred to another corresponding court or tribunal. What is Mutembo hiding. The same thinking as RB hiding in the immunity.
But why are not starting with the first sentence which says ‘ unless provided under the Constitution as amended ‘
How have our MPs PF, MMD, UPND, independent and FDD not stripped him of his official power. See why the grade twelve certificate is important people?
PF campaign strategy – Donchi kubeba reloaded:
A. Obtusification: Lying that Lungu is on top of things and humble.
B. Falsification / Smear campaign: Accuse HH of buying all dollars, mealie meal and privatizing all parastatals
C. Tribalism: Refuse to acknowledge that other tribes other than Tongas can think of challenging PF failure. Therefore label all Non-Muchinga PF Bembas as Tonga and insult them as one.
D. Violence through Police and PF militias.
E. Blackout HH from public media.
F. Stop HH from campaigning.
Iwe naiwe chi colour fimo fine
time to find out what you are hiding, sir
As things stand, we can safely say that Chagwa has failed to remove the DPP. Parliament is being dissolved in 35 Days time! Is there any time left to ratify the acting DPP? While the substantive Office holder is going thru 30 witnesses? By the time the cross-examinations are thru, we will be beyond August 11!
Whether you like him or not, you must just admire Mutembo’s tenacity & genius!