MUTEMBO Nchito, the suspended Director of Public Prosecution (DPP) has now filed two applications in court in a desperate bid to block and stop the tribunal which is currently sitting and probing him for incompetence and abuse of authority of office.
On Tuesday, Mr. Nchito petitioned the yet-to-be established constitutional court to block the proceedings of the tribunal claiming its sittings had been rendered illegal after the amendment of the constitution which President Edgar Lungu signed on January 5, 2016.
All this was done inspite of the Supreme Court ruling that threw out the previous interlocutory judicial review application in which he objected to the proceedings and composition of the tribunal.
The previous application delayed the tribunal for many months until the Supreme Court came up with the ruling in which it quashed the application.
On Tuesday, he filed a High Court application for judicial review to set aside the decision of the Supreme Court and quash the proceedings of the tribunal established to probe him because it was illegal as it its mandate was not provided for under the new constitution.
He has argued that the amended constitution provides for new procedures on the removal of the DPP to which he should be subjected now that the law is in effect.
However, Article 16 (1) of the new Constitution states that unless otherwise provided under the Constitution as amended, proceedings pending before court or tribunal shall continue to be heard and determined by the same court or tribunal or may be transferred to a corresponding court or tribunal established under the Constitution as amended.
Further, Article 16 (2) states that unless otherwise provided under the Constitution as amended, a matter or proceeding that, immediately before the effective date, is pending before a commission, office or authority shall continue before the same commission, office or authority or corresponding commission, office or authority established under the new Constitution as amended.
Mr Nchito described the tribunal as illegal and irrational as it had no jurisdiction to sit under the newly amended Constitution.
“If leave to apply is granted, a direction should operate as a stay of the decisions to which this application relates pursuant to Rule 3 (10) (a) of Order 53 of the Rules of the Supreme Court,” Mr Nchito said.
He has applied to the High Court for an order for the quashing of the decisions of the tribunal for being irrational and illegal.
Mr Nchito charged that if not prohibited, the alleged defunct tribunal would be operating under the supervision of a Constitution which no longer provided for its existence.
He has since requested the courts for a hearing of the application before the judge which he said once granted would be expedited in view of the matter at hand.
The application follows the commencement of sittings by the tribunal to probe the suspended DPP which began on Tuesday February 23, 2016.
This fwototo is damn scared, in this world bululu, you reap what you sow. The spear that will strike you, you shall never dodge it. The writing is on the wall.
Stup1d Zambians forget that this tribunal is steeped in illegality. Where did the manouvres to remove Mutembo start? In Chongwe with Newton Nguni, a mere cadre for hire. Where did he get the authority to have a constitutional office holder arrested? Of course from ECL! And when all else failed, ECL brought in the tribunal with corrupt dicredited former CJ’s who obviously have a bone to pick with Mutembo. When he insisted on a transparent tribunal, they opted for a secret one becoz they have a pre-determined outcome. So what is wrong with Mutembo fighting for his life within the law? Let him have his day in court. By the way, we are voting out ECL and his thieving crew!
@ SM I think Newton Nguni is laughing right now if you are correct to be so dismissive of him.
Deal with the Burgar firmly Next its Mmembe…..
This Ido!t is tyring to buy time, nail him down hard, then M’membe . These Ido1ts are hell bent at bring the economy to its kneels thru monopolistic practices in business and cartel operations including controlling the seating Presidents (Mwanawasa and Sata). Its very sad and unbelievable that HH has apologized to M’membe or all people. HH forget about my vote this year!
If you ever feel like changing your HH decision thus year just keep remembering this and add the indelicate way he has handled our neighbours in the current diplomatic flare up.
Protect this country from vultures like Nchito and M’membe by voting for ECL this year. HH is in the pockets of M’membe the HH’s apology says it all.
Comment: We all know that the tribunal was fictiouslly instituted to prevent Mr Nchito from prosecuting Rb. As expected, Rb has now been set free. The tribunal is now irrelevant.
Well either law is so much more complicated than rocket science or somebody is simply so desperately scared that he hopes obtaining injunctions endlessly will earn him decades of justice delay. I’m just disappointed that this is somebody who was prosecuting others and then he’s looking for another standard to be applied to him!!! Surely we must all be equal before the law!
Equality before the law Mr Mutembo Inchito, no one is above the law.
The President must bite the bullet, call the bluff, stop the tribunal and transfer the complaint to the Judicial Complaints Commission immediately. We cannot keep wasting time. Nchito is an astute lawyer, and he knows his onions!
The tribunal is ill designed…………transfer the matter to the constitutional court which am afraid another stooge has been appointed..Lungu shall drink his medicine one day soon when he lives the plot 0.
why is it difficult for Zambians to say sorry? Banchito you have done so much for this country. My appeal is that say sorry, to Zambians my brother. look at Mpombo and masumba
this is a fishing expedition. Eventually, time will catch up with you bawishi. Then you will remember all those people you convicted/prosecuted illegally, for the love of money.
You will remember all the public money you acquired illegally.
It is a pity HH seems to have a soft spot for you, i hope he is just politic – otherwise no sensible person would feel you.
Good luck
irrational and illegal? Is that a view of the Judiciary process to which he hopes to be reinstated as a senior head?
I think he has list his head.
tione Yes they were thieves and they store from us Zambians that is why they were prosecuted you hear me. Leave Nchito alone. Nchito leta ubwembya tume amashilu. We are doing that on 11 August 2916.
I meant we are doing that on 11 August 2016.
I am of the view that the DPP’s arguments with all due respect are legally misplaced. Section 16 of Act No 1 of 2016 is very clear on the pending proceedings before the court or any tribunal. The “otherwise as provided under this Constitution” part under section 16 does not mean that the proceedings have been rendered defunct unless it specifically provided that the proceedings shall cease upon the enactment of the constitution. The argument that would have made sense is for him ask for the transfer the proceedings to the Judicial Service Commission as a corresponding body.
The Suspended DPP ought to know better a Lower Court cannot stay a decision of a Superior Court to enable him have his preliminary issue heard…ofcourse all he will do is once the lower court rules against his application he will appeal….wait for a supreme court ruling which will be against him and then begin another preliminary argument and recommence the process all in the name of fighting to remain DPP…..but the law is not set up for such there must be finality in process….
One doesn’t need to be a rocket scientist to tell that this is a desperate effort on the part of the suspended DPP designed to prolong or delay the process. He is buying time at no cost at all.This in itself is enough reason why he cant be trusted to hold that office.
How can a lower court over rule decisions of a supreme court? Isnt the decision of the supreme court final?Lawyers guide us.