The Constitutional Court has dismissed an application by former Director of Public Prosecutions Mutembo Nchito to have a concerned Zambian citizen Chanoda Ngwira cited for contempt of court.
The application has been dismissed because it is irregular.
In this matter Mr. Nchito alleged that Mr. Ngwira wrote to Justices Mumba Malila and Albert Woods threatening criminal action against them for giving witness statements in a case where he is challenging the legality of his removal from office.
In his letter Mr. Ngwira said he had difficulties with the two sitting judges testifying in a case were Mr. Nchito has dragged government to court.
In his application for leave to commence contempt proceedings Mr. Nchito alleged that Mr. Ngwira published his threats both on ZNBC and Social media.
Mr. Nchito argued that he was making the application in the interest of safeguarding the administration of justice.
But when passing the ruling Constitutional court judge Enock Mulembe dismissed the application because of irregularities.
Justice Mulembe who sat as a single judge of the court said Mr. Nchito had premised his application on a wrong provision of the law.
He said order 52 and rule two of the supreme court are not the correct provisions to invoke in the case.
The court also noted that the rules of the constitutional court are not very clear on how to commence contempt proceedings.
The court however gave an option to Mr. Nchito to apply for leave using the correct provisions of the law.
It’s not difficult to connect Mutembo and Judge Albert Wood when one recalls the events surrounding the Judge Chikopa tribunal, the transfer of the case involving Zambian Airways and DBZ. Things seem to be adding up. The best Mutembo can do is just to move on, as a lawyer and businessman he can make more money than he’d earn as DPP. Unless he wants to use his case to get at others which is vengeance, it’s not good. Which god does he worship?
I don’t the this court is fit for purpose.
Theirs work and outcomes are now premeditated.
Thanks
BB2014,2016
@Ayatollah. Great observation
People really succeeded in painting Mutembo in black colours. But some of us who know better know that he is an upright man, who stood for justice and truth. And no matter what propaganda stories have been spawned to tarnish his reputation, his essential character remains unblemished. It’s always good bro remember that God sees not as man sees. God looks at the heart. The time will come when Mutembo will be vindicated.
I don’t understand anything going on here, just the same as ConCourt don’t understand why Mutembo wrote a letter, or why Chinonda Ngwira (a Zimbabwean) a friend of Kaiser is suing Mutembo. I don’t understand a shhhit in this IRREGULAR case.
It’s difficult to feel for nchito,, this guy was used by mmembe, a lesson to all don’t be to excited when you are in a public office
@Ayatollah: It’s the power that comes with being DPP that he misses. This guy can make money anywhere and anytime. But it’s the power he craves.
@Journeyman: Dude, your knowledge of history of this country is bad. You think Mutembo is an angel??
@Zambian Citizen…I know far more than you can imagine on this matter. But i wont go into details because it won’t get us anywhere. You are free to believe whatever you wish. I respect your right. Perhaps one day, you and I will sit and discuss this matter over a cup of coffee. But out of principle I will stand with a man I know to be upright. To fail to fail to do so would be cowardly and dishonest. I chose to be true to what I believe and say no to fear, even though the whole world says and does the opposite.
1.0 Very accurate observations. One thing about Zambians is that they don’t take time to see through someone. Even people who were called criminals immediately become heroes because they become antigoverment. If we don’t change we will keep on putting the wrong people in government. As for Nchito even if by some miracle he got his job back how is he going to work with the president considering the acronym that we have seen growing.
Mutembo expired a long time ago!! Time to move on.
@Ndanje: Remember the violent protests by upnd cadres when Sata nominated Mutembo as DPP?? Today they are in full support of him, how did he change?? That’s the problem with our political set up-WE THE PEOPLE!!: our basis for selecting public office bearers is erratic and based on low standard attributes like tribe; THAT’S WHY WE ALWAYS END UP WITH MEDIOCRITY.
@Journeyman: I believe in the truth. I was one of those who religiously supported the FTJ corruption cases and held Mutembo in such high esteem for the job he was doing. I got disappointed 8 years later as this matter dragged on and Mutembo and his cohorts became very rich and FTJ was acquitted. It also disappointed me that the sitting DPP at the time the FTJ trials began was cleared by a tribunal when The Post and the Nchitos called him corrupt and conniving with plunderers. As Ndanje has put it, it helped me see through Mutembo!!
Is there objectivity in this case or there’s just lawyers friends ‘protesting’ each other without basis? I see Lungu an interested part, lawyer and president ‘ fighting’ with Mutembo’s group only for egos and to settle scores. Such a case can never benefit anyone. Lungu with all the apparatus will do everything to win, while Mutembo will use lawyer friends to help him carry on contesting anything. There will be no objectivity or giving in on this.
I also remember how the Post under Mmembe “failed ” to tell the nation about Edgar Lungs “crimes” when Sata appointed him minister of justice, defense etc. His “evil ” passed deeds only came to light after Edgar expressed interest in the presidency following the death of Mr Sata . In the Catholic Church we call this a sin of omittion and it’s more serious than other sins.
Problem with PF cadres, they equate everything to monetary value. No wonder corruption is now like Vitumbuwa. Let him clear his blemished name first, why should he be in a hurty to move on?
I don’t the this.
What does it mean?
Mutembo alipo? We forgot about him, maybe this is his way to not be forgotten by Zambians. Maybe he feels he was the people’s choice & not Sata’s choice of DPP. Someone remind him that each president prefers his own puppet.
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz,,,,The law must be respected …….. especially when a cadre disrespect the Highest Bench………. Next time Ayatollah you will face injustice by a cadre calling on Jugdes preisiding on your case that the Judges must sentence you to death(fatwa) for insulting Mohammed whilst you are innocent………will it be good for us to urge to move because you make more money as a muslim despite your right being infringed……
there is no vengeance in pursuing justice…………
No cadre must disrepect the Bench just because he is PF……….
The constitutional Court has a lot to do to prove itself………… The sad part of Zambians is they are cowards and love to worship an individual…………. it is easierand nicer to wish a JEW or…
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The constitutional Court has a lot to do to prove itself………… The sad part of Zambians is they are cowards and love to worship an individual…………. it is easierand nicer to wish a JEW or your enemy killed than have your daughter raped….. You consider it right to kill the Rapist ofyour daughter . for example it is easier to insult HH or GBM than Lungu and get away with it…….. I can assure you that the moment you insult LUNGU , the whole state machinery will follow you……You can be jailed for 7 years just like that Doctor………… Remember Davies Chama former PF secreatry General threatening JUDGE CHITABO…………..
JESUS saves us from such men………………………………..
What are the benefits of being a cadre?
Just become one. ..the proof of the pooding is in the eating.
I am beginning to think this constitutional court is just a rubber stamp for all judgments in favour of PF. We might as well do away with it because it looks like it is being run by very unprofessional men of the law
I would rather we forget about this Mutembo Nchito business, they had their best times under Mwanawasa and far much better under Sata. They were being favoured by Sata against all odds. Please its time for others to enjoy, let him just join Mmembe the friend and become the vice President of the Socialist Party, Full Stop, than wasting our time. In the first place he was a very wrong guy at the time to become a DPP, no wonder any noble thinking Zambian objected to his appointment including parliament because he had a lot of conflicts of interests. As director of Zambian Airways he over borrowed from DBZ and Matani’s Finance Bank with no plan of paying back, taking advantage of the powers that be that he will not be followed. He had to protect himself from DBZ loans he was owing ( that’s…
Another social media judge!
how Denis Wood comes in the picture where he wanted his fellow judges – Musonda, Kajima and Mutuna fired in defend of Mutembo and Mmembe) and the Finance Bank loans where he issued a nolle in favour of Matani and I hear the loan was cancelled. So even Judge Mukelebai to defend and say its him who advised as AG may not hold water as we are told from the learned lawyers that the DPP makes his own decisions without instructions from anyone unless this is not true. Mutembo had always been an admirable and good lawyer until he decided to form Zambian Airways from Roan Air assets I hear and had difficulties to survive in the aviation industry which is the order of that business and decided to borrow to sustain a business which was not sustainable at the time. So the motivation for his…
acceptance was to come and defend his loans and other statutory fees from govt. institutions and for Sata was to use him to fix RB on his Mpundu Trust, which were all MISSED SHOTS. Otherwise agreed HE IS A VERY GOOD LAWYER ALL THINGS BEING EQUAL