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Friday, August 7, 2020

Mutembo Nchito challenges his dismissal, takes his case to the Constitutional Court

General News Mutembo Nchito challenges his dismissal, takes his case to the Constitutional Court


Lusaka Lawyer Mutembo Nchito has Petitioned the Constitutional Court asking them to nullify President Edgar Lungu’s decision to relieve him of his duties as Director of Director of Public Prosecutions.

Nchito has argued that on 7th January, 2016, the President of the Republic of Zambia Mr. Edgar Chagwa Lungu assented to the Constitution of Zambia Amendment Act, Number 2 of 2012.

And that on 23rd February, 2016, Nchito wrote to the President reminding him of the changes in the law which made it legally untenable for the Mutembo Nchito Tribunal to continue sitting and requesting him to comply with the provisions of Article 144 of the Constitution as amended.

Nchito argues that he delivered the said letter to the President’s Special Assistant for Legal who acknowledged receipt.

Nchito has submitted that he never received a reply from the President but instead he was berated in the news media by the President’s Special Assistant for Press Mr. Amos Chanda who announced that ‘State House would be ignoring his letters.

President Lungu has now written to Nchito relieving him of his duties allegedly acting pursuant to Article 144 of the Constitution and basing his decision on a Report that has not been disclosed to Nchito. Nchito is not aware of any proceedings before the Judicial Complaints Commission pursuant to Article 144 of the Constitution nor has he ever appeared or been summoned to appear before the Judicial Complaints Commission.

Mutembo submits that by virtue of the above, his right as Director of Public Prosecutions to be treated fairly and if necessary investigated under Article 144 of the Constitution by the Judicial Complaints Commission has been violated.

He has therefore prayed that it be declared that there has never been an investigation involving him before the Judicial Complaints Commission pursuant to Article 144 of the Constitution and that the President’s action of purporting to relieve the Petitioner of his position as Director of Public Prosecutions pursuant to Article 144 of the Constitution without there having been an inquiry under Article 144 of the Constitution is unconstitutional and therefore illegal, null and void and that all actions taken by the President after purportedly relieving the Petitioner of his duties including any appointment of a replacement Director of Public Prosecutions be declared null and void.


    • Wow, talk about a warped sense of entitlement!

      Mutembo, move on and do something constructive in your life for a change. Just entering a “null pros…” in a case in which you are the accused as DPP is sickening as it is. But this guy was the CHIEF OF DUBIOUS NULL PROSE…, mostly in cases involving his CARTEL FRIENDS (e.g. Rajan and M’membe.) Now he wants to rely on none existent technicalities in the Construction to survive?

      Bululu, time to move on and try to repair your tattered image. GOOD RIDDANCE IF YOU ASK ME!!!

    • Move on I,diot, we have elections to think about not your rubbish. You put a lot of people into prison who cant even be given chance to appeal to the constitutional court. Fact is you are a crook .

    • It is clear under the new Constitution that all matters entered under the repealed Constitution would continue accordingly….Stop wasting time and go on with your new disposition…



      I thank you!!

  1. Sick and tired of this crook….Mutembo!

    He should be thanking God. In some other countries he could have just disappeared.

    Boy! You have played all the dirty tricks. Look where Mmembe has ended up….

    • @XFM:
      What an Ar.sewhore you really are! Mother fuc.ker. Leave Mutembo alone and just GO to HELL until you get rotten you evil thing!!

    • Chilyata #2.1

      Just hear yourself. You sound do frustrated.

      Ok then.. let me your language.

      Bring your mother and I will f…ck her. !!!

    • Chilyata you must an 1mbecile, last time I wrote about this criminal Nchito and you argued and you still support him, are you also a criminal?

  2. This is what happens when people tell too much lies. They start believing in their lies.

    You were counting on HH winning. But unfortunately it’s not the case.

    Wait when the DBZ case lands on you. Where are you gonna run too. It’s coming soon. While these are saparate cases. But DBZ is coming.

  3. Lungu has created a “monster” in the constitutional court I tell u. He should involve the Office of the President to investigate his appointments. The cartel could just be there.

  4. Once again this dull drunk so-called lawyer in State House has failed to understand the law.

    Let’s hope the election results give him his marching orders and we get a real President to run our National affairs.

    We have had enough of this incompetence and ignorance. Let him take his STOLEN K23 million and drink himself to death far away from from the corridors of power.

  5. Compare $600 million hh was paid for privatisation? Off course he did not eat alone. When government pays such kinds of money to a company you know there is nichekeleko in the background.

  6. Ohhh so all convictions after enactment of the new constitution for charges made under the old constitution are null and void? If this is true, then my own ignorance will scare me!!!!

  7. I foresee another embarrassing ruling on this matter. Edgar Lungu is acting on impulse and emotions to get rid of Mutembo Nchito just because he doesn’t like him. Unfortunately things don’t work out like that. The law is the law and it has to be followed. This case will be like the one to do with ministers occupying office illegally after the dissolution of parliament. Just watch this space. We have a lunatic of a president in this country.

  8. The new constitution says all other matters started prior to the current law should continue and reach conclusive and binding decision. MUTEMBO READ. LOOK AT YOUR FRIEND MEEMBE. HE ALSO LIKED JUMPING FROM COURT TO COURT AND NOW HE IS BACK WITH A SURBODINATE COURT LANGUISHING

  9. I don’t see him succeeding. The Tribunal was appointed in March 2015 long before the Article 144 Mr Nchito is relying on ever came into existence. That Article only came into existence on January 5, 2016. Section 14 (3) (e) of the Interpretation and General Provisions Act, Chapter 2 of the Laws of Zambia provides as follows:

    “14. (3) Where a written law repeals in whole or in part any other written law, the repeal shall not-
    (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings, or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing written…

    • So Mr Yambayamba, if Mutembo has no case, there is nothing to be scared of! But just think for a moment: Mutembo has been cleared by this tribunal of ALL the charges on which he entered a nolle. So THIS tribunal AGREES with him that there was NO MERIT in the charges – becoz they have cleared him! Secondly, a tribunal cannot act as an appeals court. The magistrate CLEARED Mutembo over the nolle. He said the nolle was in order and good at law. So the tribunal is overturning a court decision, which does not make sense.

    • Mutembo Nchito like his comrade Fred M’membe is abusing court process with a view of buying time.No matter the circumstances,every body knows that you cannot issue a NOLLE in your own case without raising other peoples eye brows.If Mutembo had deliberately decided to ignore summons to appear before the tribunal,he cannot now turn around and claim not to be aware of any proceedings before the Judicial Complaints Commission pursuant to Article 144 of the Constitution nor has he ever appeared or been summoned to appear before the Judicial Complaints Commission.The matter here is not about the Judicial Complaints Commission by the TRIBUNAL appointed by the President and chaired by Judge Annel Silungwe.

  10. Actually it’s crooked people like this former DPP who tarnish the noble legal profession as a grouping of kawalalas!

  11. His point is very valid…..use all your constitution rights to get clarity on the matter, there was a change of law so what was changed to agree with the new requirements regarding misconduct…fight mwana

  12. nothing new next he will go to the lower courts to argue that he be paid for rendering service under the Task Force…or something….he will lost the appeal as his matter was correctly before the Tribunal and he has lost…once again he has no case or leg to stand on but let him try to argue all he wants is to reopen the tribunal proceedings which wont happen the tribunal members will not be called as witnesses….

  13. I had so much respect for this guy. Never did it occur to.me that he is a scoundrel until I started quesioning his association with Mmembe. Tyen I realised what a crook in sheeps skin

  14. And this Chilyata guy, why the bitterness, the vile language, are you sure he is a hardcore criminal like a murderer I mean? If not he certainly cannot be a human being.

    XFM seems to know how to deal with the monster, you have my full backing.

  15. One shudders to imagine how many mutembos are within our legal profession. Surely how can a decent man enter a molle in his own case? Even I as a semi literate layman in law know about declaring interest. Linda Kasonde, shouldnt you be directing some of your energies to cleaning up the law profession?

  16. Iam really disappointed with you guys throwing insults at each other, some of you are so abusive that you are calling the president names, didn’t he do a good thing to appoint senior judges prObe mutembo why are you so hateful, simmer down please

  17. When there is a change of laws there is a practice called grandfathering which ensures that there is no confusion because of the new law. All existing cases and offices continue to exist and only new ones are subject to the new constitution. Under your reasoning, there should have been elections the day following the constitutional change because ECL was elected using first the post and not 50 + 1. That wasn’t the case. Get a life. We are tired of your pride and self centeredness let’s move on bane. Even when good people die, we cry for two days and move on.

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