Last week, President Lungu wrote to Mutembo, informing him that he had been relieved of his duties, in accordance with Article 144 of the amended Constitution, following a recommendation from the justice Annel Silungwe led tribunal.
But Mutembo asked the Constitutional Court to nullify President Lungu’s decision on grounds that Article 144 of the Constitution does not give powers to a tribunal to recommend the removal of a DPP, but instead gives such powers to the Judicial Complaints Authority, which never sat to hear his case.
Constitutional Court judge Enock Mulembe granted Mutembo the order to stay the President’s decision and set August 19, for inter parties hearing.
The Constitutional Court should be watched closely…And why go to one Judge and not a panel of judges to make a decision…
That court is full of UPND vuvuzelas
THE CONSTITUTIONAL COURT HAVE SUDDENLY FOUND THEMSELVES WITH A MONUMENTAL TASK!!
IT IS MUCH BIGGER THAN THE TWO CASES THEY HAVE HAD TO HEAR SO FAR – & IT WILL ALSO ASK OF THEMSELVES OF WHETHER THEIR JUDGEMENTS WILL BE FOUND TO BE CONTRADICTORY!
IT IS ONE THAT WILL GO DOWN IN HISTORY, BECAUSE IT WILL, ONCE & FOR ALL, CHANGE ZAMBIA IN A LOT OF ASPECTS, NOT JUST POLITICAL!!
SOME PEOPLE HAVE ALREADY REFERRED TO IT AS THE “STRESS TEST” FOR THIS “YOUNG” COURT – FOR CERTAIN, THIS SHALL BE SO!
BUT WHY IS THIS SO??????
THIS IS BECOZ WHAT THEY DECIDE, WILL LEGITIMIZE A SERIES OF PROCESSES!!
THEIR JUDGEMENT WILL DO ONE OF TWO THINGS, LEGITIMIZE or REFUSE TO LEGITIMIZE THE FOLLOWING:
1] GRAND CORRUPTION
2] TRIBALISM
3] GRAND ELECTORAL FRAUD
4] TYRANNICAL GOVERNANCE
5]…
….5] DISENFRANCHISE THE ELECTORATE on a GRAND SCALE
6] MAKE DEMOCRACY IRRELEVANT & THE PROCESS POINTLESS AS IT IT’S CORE LIES PLURALITY!
7] EVERYTHING WE RECOGNISE AS BAD FOR SOCIETY!! (Becoz all of those things have happened in this Election)
FOR IT’S CREDIBILITY, one would be looking to a CERTAIN JUDGEMENT, with NO DOUBTS HANGING, basically, an UNQUESTIONABLE JUDGEMENT!
FOR THE CONCOURT, it is not about pride or trying to make history, BUT ABOUT UPHOLDING THE MORALS OF OUR SOCIETY/COUNTRY – for this JUDGEMENT WILL DICTATE THE DIRECTION THE COUNTRY TAKES US, but MORE SO THE FUTURE OF GENERATIONS TO COME!!
ONE HAS TO NOTE, INFAMOUS TYRANTS DIDN’T “MAKE THEMSELVES”, THE WERE MADE BY THE SYSTEMS & SOCIETIES THAT TOLERATED THEM – NONE HAVE EVER BEEN SUCCESSFUL, WE ALL KNOW HOW…
….KNOW HOW THEY HAVE ENDED.
ONE HAS TO NOTE, that the PRAISES, being PROFFERED OVER THE RECENT ELECTION, ARE CAREFULLY WORDED:
1] UN SEC GEN has CONGRATULATED THE COUNTRY ON MAIN, A PEACEFUL ELECTION & NOT LUNGU
2] HE Jakaya Kikwete CONGRATULATED Lungu based on an INTERIM REPORT, & basically POLITICALLY CORRECT to offer congratulations being present in person.
3] The CARTER CENTRE has “MAY HAVE RECOGNISED” Lungu – WHY DO I DOUBT: THE FOUNDATION PUBLICISES SUCH STATEMENTS, rather than middle of the night phone calls! One has just to READ THE PARAGRAPH ON “COUNTING”, to doubt the VERACITY OF THAT PHONE CALL!
4] EUOM has not YET CONCLUDED as “FAIR” & proceeded to Congratulate Lungu
5] No SITTING PRESIDENT (I maybe wrong) has yet COME OUT TO CONGRATULATE Lungu – as they have to WAIT…
….as they have to WAIT as they have to WAIT FOR SUBSTANTIAL EVIDENCE
WE await the CON-COURT!
I thank you!!
Hahaha….good start to your new 5 year mandate. A glimpse or trailer to the next 5 years of PF. Wish you all the best your excellency.
Well done Constitutional Court you are doing your Job never be intimidated by so called fake Presidents. Its a shame Lungu has put himself to such. watch out he might lose the presidential case?? Its time African leadership changed. ;let the police and military take CC as an examples. than being ass leakers??
We will continue watching the circus as the lawyers and Judges continue dribbling each other to by time.
Let it be known by all that UPND has the strongest support amongst Zambians.
Zambia comprises 72 ethnic groups with about 90% of the population belonging to the Nine major ethnolinguistic groups: the Nyanja-Chewa; Bemba; Tonga; Tumbuka; Lunda; Luvale; Kaonde; Nkoya; and Lozi. These nine major tribes are split politically as follows:
PF support bases is from the Nyanja-Chewa; Bemba; Tumbuka. (Three tribal groups)
UPND base lies with the Tonga; Lunda; Luvale; Kaonde; Nkoya; and Lozi. (Six tribal groups)
UPND will whack PF anyday, anytime, anywhere IF the election is free and fair. The people in Lusaka
Iam happy with this dribbling. Journalists! Please lets take cases of freedom of expression to this court. The control by the Executive of Dead NBC is unconstitutional. Lets get a hearing on this
When ‘ll this talk of Mutembo Nchito this, Mutembo Nchito that.. comes to an end? Is this man an alpha?
Legal issues can be legally dribbling. The wrong one can get it right and the right man get it wrong, even by silly overlook of small bits. They just watch each other’s lips, get anything, twist it and start legal arguments. It is a noble profession but can be very porous to abuse with legal trickery.
He’s just kicking the ball down the street. The eventual outcome will still be the same.
The President’s advisers should be checked.. ECL your own vomit will bring you down. Check your advisers if they have the will of the people.
Welcome move. We’ll wait n hear more
Every court should be regarded as a Court of Justice, not personal favours. It must be about JUSTICE.
Lungu is a lawyer and yet he cant follow simple legal procedures. Why not seek proper and professional legal advice b4 taking action? Lungu did this with his illegal Ministers and now he has erred in this case. Why does Lungu have a high propensity to breach existing laws? Lungu is just disgracing himself in the eyes of public opinion.Anything he touches is turning into dust. Has the man got professional legal advisers at all?
I think the constitution is quiet clear on this matter. The whole Mutembo Nchito case was not handled properly by the executive and one is left to wonder what type of legal advise the presidents gets. He made an error with the issue of continued stay of ministers after dissolution of parliament and now this and his a lawyer!!!!
Journalists! Please lets take cases of freedom of expression to this court. The control by the Executive of Dead NBC is unconstitutional. Lets get a hearing on this
It’s either the president ignores legal advice or he is a stubborn fella who does what he wants and thinks he is above the law.
The Judges in the Concourt are……………… Although ethically Mutembo Nchito should resign on his own because he will not work. How!!!!!!!!!!!!. Who will allow him to go and start destroying records when he enters his former office. Who will allow him to go and fire all his former workmates. The Cartel at the Con court is up to know good
When you are too much in a hurry to injure someone, you will make very silly mistakes even when you are right. Take your time and check the facts. If the facts and the law are against you doing what you want to do, leave the matter and don’t force things. Most of the guys surrounding ECL have issues with Mutembo and not ECL himself. So they are forcing him to act illegally against the law.
Mr. President please reconsider your choice of judges in the constitutional court. These fellas are out to embarras you. Please Please please.
From what I can see
The Zambian Courts and their Judges will throw this beautiful country into chaos
Watch this space.
Kill the constitutional judge
Isnt the court supposed to be a panel of judges that meets a quorum? Can just one judge hear a case?
Judges gone wild…
I think baPamaFi you’ve just f.u.cked yourselves hard in da-ass. You appointed concourt and it’s interpreting the law with great wisdom; it’s like coming up with an idea of building a police post in your area expecting immunity from the cops for your crimes