Friday, April 19, 2024

President Lungu Fires Nchito on Recommendation from Tribunal, Appoints new DPP

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DPP Mutembo Nchito addressing delegates during the 3rd International Association of Prosecutors (IAP) Conference for the Africa-India Ocean Region in Livingstone at Zambezi Sun Hotel
Former DPP Mutembo Nchito
President Edgar Lungu has removed suspended Director of Public Prosecution (DPP) Mr. Mutembo Nchito from office following the Tribunal’s recommendation that he vacates office for misconduct.

According to a statement released to the media by his Press Aide Amos Chanda, President Lungu has since appointed acting DPP Mrs. Lilian Siyuni into the job subject to ratification by Parliament. The President has made the appointment in exercise of powers vested in him by Article 180 of the Constitution of Zambia.

In a letter dated 9th August, 2016 to Mrs. Siyuni, the President wished her God’s speed in the discharge of her duties.

“I hereby appoint you as Director of Public Prosecutions. Your appointment is subject to ratification by Parliament.”

The President’s decision follows the Report by the Tribunal which was appointed on 10th March, 2015 pursuant to Article 58(2) and (3) of the Republican Constitution. The Tribunal was appointed to investigate allegations of misconduct by Mr. Nchito.

The Tribunal led by former Chief Justice Mr. Justice Annel Silungwe on Sunday, 7th August, 2016 submitted the Report to His Excellency the President, after completing its inquiry into the matter.

The Tribunal recommended that the two proven Terms of Reference No. 2 and No. 4 sufficiently constituted misconduct in reference to Article 58(2) and (3) of the Constitution of the Republic of Zambia.

The Tribunal concluded that the Term of Reference No. 2, alleging misconduct or misbehavior by the DPP whereby on 20th February, 2015, the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case thereby defeating the ends justice, has been proved.

The Tribunal also concluded that the Term of Reference No.4 that the DPP’s act of intentional disrespect to judicial proceedings has been proved.

86 COMMENTS

    • Ala! Edgar is now firing people illegally, when he is also on the firing list.

      RB’s wish list has been fulfilled plus k5m bonus,,, I have started fasting for lungu my drinking friend, he is headed for problems in his ‘ after life’,, mmembe and the cartel will come hard on him without Vaseline

    • Chakolwa has been running a criminal enterprise called PF. Apart from amassing K23m in one year, he has repeatedly breached the Constitution. Chakolwa is the most corrupt, most incompetent, most crooked, thieving President that Zambia will ever have. He is also a mass murderer who is killing Zambians just to remain in a state house.

    • Sacking and appointing people with two days to Polling day …really laughable…why the rush? the office of the DPP has been vacate for a while, what is another two day. Useless lazy Bum Edgar!!

    • OKAY, ILLEGALLY, KA? HOW IS IT ILLEGALLY WITH RECOMMENDATIONS FROM THE TRIBUNE? ARE THESE THE ILLEGALITIES IN UPND? SO WHAT THEN IS LEGAL- WHEN THERE’S NO RECOMMENDATION?

    • Why would this guy dismiss and appoint people to constitutional offices in the middle of an election, I mean just 2 days before elections? This should be illegal in the first place and the new constitution should be tightened to eliminate such blatant abuse of power. It should be like an acting president who can’t appoint constitutional offices bearers.

      I remember in the USA when Obama was condemned by the republicans for appointing a replacement to the bench of the SCOTUS even though he had at least one year still left in office as POTUS.

      And by the way who is going to fire Lungu for breaching the constitution?

    • He is called Lazy Bum Edgar for a reason..imagine a lawyer who has no time for reading books only keen on emptying bottles of Jameson and dancing…really laughable. The more he emphasis on the opposition accepting the outcome of the results the more I doubt whether the selfsame bum will accept the results…what can this drunkard do after life in State House apart from being a bar man.

    • THE MAN IS DEAD SCARED. THE ALL THING WILL BE REVERSED BY THE NEW PRESIDENT. LUNGU SHOULD ALSO BE FIRED. ZAMBIA DOES NOT BELONG TO HIM. THIS IS LAWLESSNESS. HOW CAN A PRESIDENT TAKE SUCH AN ACTION TWO DAYS BEFORE THE ELECTIONS? AWE BA LUNGU KUYA BEBELE.

    • Listen to this nincompoop above. What is illegal about following the recommendations from the legally instituted tribunal. What does Upnd stand for.? You wanted him to reinstall him even when the report says fire him.

      Vote wisELy Don’t vote fullisHHly Few hours left

    • @Peter 1.5. This is illegal on a number of points:
      1. Both CJ Ngulube & Sakala should not have sat to hear Mutembo’s case becoz they are have had conflicts with him. A supreme court ruling by Sakala himself on bias says: “If a Judge is conflicted, he shud not sit. If he does sit and hear the case, his judgement does not hold”. Those are grounds for appeal by Mutembo.
      2. The Tribunal has cleared him of all the charges on which he used the “self nolle”! They have agreed that he was right!

    • @Peter 1.5 Cont’d
      3. The Magistrate Court in which he produced the “self nolle” made a ruling on it. The Judge said there was nothing wrong with it and the state has NOT appealed up to now! How can a Tribunal set aside a court judgement? It is inferior to a sitting court.
      This whole issue was flawed from the begining. All that Mutembo has to do is appeal to the High Court and all that these Judges were doing in secret will be out in the open. I can assure you, the CJ’s reputations will not survive. What is Lungu rushing for? Two days before elections? What about the other Tribunal Reports he is sitting on?

  1. Excellent outcome.

    Mr Walk the Talk we are humbled by your great, visionary and exemplary leadership. You are the best gift to our country since Independence and Levy Mwanawasa. These are the good results of following due process from the tribunal.
    We are putting you back in office on Thursday your Excellency. Yours is a strong but fair leadership of rules and laws not men.

    Leave political debates to Under 5 kids and their minions.

  2. Edgar Chakolwa Kaloba Wrungu the 2016 most incompetent and 1diotic president of the millennium should also be removed from state house for keeping illegal minister.

  3. Edgar is just a clueless,visionless,useless,dullness,ruthless,heartless,brainless,directionless,needless,spineless and a drunkard who in the first place was not supposed to be allowed to get near the state house,the guy is a mess he is only good at swindling widows their hard earned cash. VOTE UPND VOTE HH.

  4. Cursed is the day Edgar Chakolwa hangover Kaloba Wrungu was born and become a president also cursed is day Kudos was vomited on earth I say vomited because to woman can give birth to such a creature called KUDOS

    • Most tongas do and the reason is simple he is of a stronger character and principled and will defeat unprincipled HH.

    • Avoid taking these political matters to such levels….you may die a disappointed soul on God’s earth…have you ever paused for moment to think that ECL may win these elections…..then what happens? Find something at micro level to do and put all that passion you are exhibiting here…. life will become more interesting for you

  5. Why is Lungu in a hurry to appoint Acting DPP one day b4 Elections which he might lose? Furthermore the composition of the New Parliament is unknown and if its dominated by UNDP MPs might decide not to ratify the Acting DPP and reinstate Mutembo Nchito. So why is Lungu rushing this firing of Mutembo? Doesn’t Mutembo have any further legal recourse? If Lungu is not re-elected what are the implications of Lungu’s rushed decision? Very strange decision indeed!!

    • BECAUSE HE DOES NOT WANT UNNECESSARY BACKLOGS WHEN HE BOUNCES BACK ON 12 AUGUST 2016. STRAIGHT FORWARD ISSUES MUST BE DONE AND DUSTED, NOW. MORE TIME FOR PLANNING DEVELOPMENTAL PROJECTS AFTER ELECTIONS. NISELA TUBOMBEKO KAILI.

  6. This decision by the president has made me decide to vote for him on the 11/08/2016. Mr president you have my vote. Nchinto is a criminal

  7. In 2015, Edgar Lungu was elected on the sole promise of “continuing Sata’s legacy.” Since his inauguration, all his accomplishments have been irrefutably dununa reverse on Sata’s legacy: acquitting RB of corruption charges, absorbing the likes of Dora Siliya into PF, closing the Post, and now he fires the Sata appointed DPP for frivolous reasons. Its very clear that the vision less Lungu is clinging to every word he hears from his mentor RB. He better be prepared to dance to the music RB danced to after the 2011 election.

  8. In May this year, President Lungu disagreed with his Attorney General Likando Kalaluka’s statement that after Parliament was dissolved, ministers would not stay in office. Lungu went on to blame the Zambians for having a very bad reading culture and that was why they failed to interpret the law. Now following the constitutional court ruling, it has turned out that Lungu is the one who does not know how to interpret law. Even this hiring and firing of the DPP which is done in a haphazard manner in my view, is likely to have been done wrongly.

  9. I pity Lungu and i pity whosoever going to vote for him.
    How do you shaw your reactions like that towards elections?
    Truly the presidence has gone to the dogs.

    • Unless kalusa hh’s outburst. Im sure that was your first time seeing him but for your demi god it is his way of life… rude, temperamental, pompous, greedy etc

    • Sorry to disappoint you. Mutembo Nchito will not be arrested. Those were frivolous reasons. Where did all the other accusations go? Planting drugs? Forging a court document? Selling Nolles to Mahtani? The same accusers have cleared him of all these charges. What did the Magistrate say about the self nolle? That it was in order! All he needs to do is appeal the findings of this Kangaroo tribunal and the High Court will throw it out. Watch this space!

  10. If the occupation of office by ministers after the dissolution of parlement and deputy ministers after the signing of the ammended cobstitution was illegal, then the sitting of the tribunal has also been illegal for there is no provision of such tribunals in the amebded const. The concourt should therefore declare both the submission of the tribunal and the appointment of the new DPP null and void. In addition, tribunal judges should be asked to pay back whatever they got for doing that illegal work. I now inform the president that Mutembo is still the legal DPP.

  11. Firing someone with just two days to go is a joke haha!
    Worst is giving a position to someone with just two days to go.

  12. frank, lutuku am warning you as I have realized you are the same fool and not a Zambian. You have been paid. Back to the issue above, all right minded should think and separate party issues from State issues. The state shall always be there, HH or ECL. therefore, insults just makes even HH look bad and tribalistic when he is not.

  13. Don’t worry Nchito you will in forty hours head the newly formed task force on corruption by the incoming government presido…..

  14. My family, my extended family my wife’s family are all voting HH.

    they have had enogh of PF thuggery for example where kayzer zulu discharges firearms in public and assaults women at filling stations for no reason other than he is lungus advisor.

    They have had enough of hunger with inflation at 22% while they see PF officials getting very rich like magic.
    They have had enough of unemployment.

    The doubters in this group were finally swayed when they saw lungu was illegally blowing tax payers money , no less then $50 million, with his ministers on PF campaigns while people go hungry and people are dying in hospital because of no medicine.

  15. THE TRIO: NCHITO, MMEMBE AND KABIMBA WANTED TO BE CONTROLLING STATE HOUSE WITH IMPUNITY
    =============================
    I am so impressed by your smart decisions made to uprooting rotten eggs from influencing statehouse and key state areas for their selfish gains. Chaps were bent at undermining the presidency and State house with venomous wits! Thanks for sending these lazy bees right where they belong.

    • Ba Thorn in the Flesh; Tell your ECL not to fight imaginary enemies but real ones like inflation; economy; dollar/kwacha rate, price of mealie meal, job creation, etc. Those are the real enemies that we employ a President to fight. Not citizens who can speak their minds and are not boot lickers!

  16. Funny but next week Mutembo Nchito will be heading the task force on corruption and he will squeeze PF mapolo hard.Brace yourselves bane.

  17. I am watching HH’s press conference right now on Muvi TV, the guy is petty, egocentric, bitter and unpresidential. Zambia face a rock and hard place in this election. HH is not worthy the change we want. I am sure he won’t win, wait and see.

    • And what was un-presidential about him pointing out that the UPND rally was unjustifiably stopped just becoz Lungu who had scheduled to campaign in Ndola Rural suddenly decided to go and “rest” in Kitwe effectively having the UPND rally cancelled? and What was un-presido also for him to call all his supporters to be peaceful? Who is egocentric between the 2? He has a guest house in Ndola why didnt Edgar go there instead?
      Also if you really watched MUVI did you see how Edgar was all over the place when being questioned by the EU electral observers on the unfairness observed….He wasnt presidential AT ALL even the manner in which he was sitting

  18. Our besieged and impoverished Zambian voters will also take a cue and fire Edgar Lungu and his violent+visionless PF.

  19. A little known entity, Edgar Chagwa Lungu, previously found wanting in the legal profession (client money issue) becomes President after Sata inexplicably makes him acting President on a few occasions (because he is not sure he can do so with Scott and fears other power hungry ‘shadows’ within the PF) He presides over the most primitive form of politics that Zambia has ever known through a bunch of incompetent self-enriching clue-less gorillas, borrows uncontrollably to fund roads whose costs are inflated so his cronies can pocket the difference, fails to show any credible plans to resolve Zambia’s pressing issues (sustainable energy, youth unemployment, local resource generation, the mines saga etc.) and ends up with egg on his face for ignorantly and illegally sustaining ministers in…

  20. (Cont’d) …..power. Yet, some lobotomised Zambians accept this state of affairs. We can’t strive higher in this time and age? Because of blind loyalty for the crumbs that fall off Lungu’s table? – When our children, whose quality of life is poor as it is, will also have to bear the burden of the nations debts and effects of a corruption riddled regime? It will be a perversion of the values of human existence if Lungu is retained in power.

  21. Let the empty tins such as spika fimo fimo, jay gay, dobo, that are collected from the cesspits continue to makes noise as the wind blows their crap away.

    Fact is yesterday when HEMCS was alive you were busy calling for Nchito to be fired now today he is your hero..what a bunch of trully empty disease infested tins you lot are! Hypocrites that will continue to be shamed. Hopeless cretins.

  22. The &stupidity exhibited by Upnd is pathetic to say the least. These 1mbeciles signed a document of chipenzi and released a road map of passing the constitution the first month in office once elected. What happened later. Ecl won and released the constitution and they opposed it. They are on record demanding for the removal of dpp illegally. What happened Ecl followed the right channel and fired dpp according to their wish but today they are complaining. The same 1diots again did the same on Fred post and hh was even tear gassed for wanting Fred to pay back what he owed the zambians and today he is siding with Fred.
    Just where does Upnd stand?
    Anyway vote wisELy Don’t vote fullisHHly Few hours left.
    I thankyou
    HH chilema

  23. Indeed they dont know what they stand for. Its a party that has no principles. White can be blue depending on the benefits to be derived of propelling HH to Plot One. It will not happen. We need stability as a country if we are going to grow; less than five years is not enough to judge and change a government as we do underwear and that is why there is no wind of change blowing..

  24. THIS IS VERY GOOD MR PRESIDENT. NOW COLLECT OUR 14 BILLION STUCK ON HIS A.SS WITH MEEMBE. I WILL GIVE 200,000 VOTES JUST FOR THIS ACTION.

  25. If Lungu is sure of being re-elected tumoro why would he act in such a rushed manner and 2 days b4 Polling Day?Lungu seems to have a personal grudge against Mutembo Nchito. Why is Lungu panicking? This decision appears illegal and the New Parliament might not ratify Lungu’s illegal and rushed decision and might even re-instate Mutembo. Lungu does not seem to understand law. He has been wrong on the illegal Ministers and he will be found to have acted illegally by granting RB K5billion cash for the House benefit ahead of other Presidents. On this Mutembo issue he will be proved to have acted illegally. Lungu has no respect for Rule of Law,Court Orders and has a high propensity to break the law. The man is not a proper and fit person to be President of Zambia. Zambian Foward with HH and…

  26. The toxic curtail is NO MORE!!!!!!! Job Well done ECL. Shutting down The Post Via ZRA and bringing down Mtembo Nchito Via The Tribunal. These goals were overdue. Thank you.

  27. Lesson number 1 dont associate with the crooks in the name of a ”cartel”. They will dump you at the last minute. These elections are also about eliminating the cartel from our political and economic space.
    Great job ECL, m’memba and mutembo are down how is next….
    Viva ELC for taking a couraguios stance agaist political and economic monopolistic infltrators in the name of a cartel.
    ECL you have my vote!

  28. Nakwenakwe ECL until declared winner on 13th August 2016! Well done your excellence for ridding us of the cartel that held your predecessor at ransom. They have criticized you incessantly but we love your boldness, calmness and decisiveness.
    Through these attributes we now have the long awaited people driven constitution. You knew it will make things hard even for your own elections, but for the Zambians’ sake you allowed the 50+1 % benchmark for these elections.
    You have my vote and those of my 2 children.
    PF supporters ensure you also vote YES for the referendum, we need the new bill of rights.
    In 2021, HH will still face this BOR if he will still have the heart to continue after this resounding lose he is suffering tomorrow.

  29. While the UPND leadership is busy displacing villagers and using bad grammar towards reporters, Mr. Lungu is delivering. We shall also deliver you back again into office of Presidency, come 11 August, 2016 using the ballot.

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