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.