The Zambian Voice has welcomed the decision by the Lusaka Magistrate Court to discontinue the case where a private Lusaka resident Newton Ng’uni drugged the Director of Public Prosecution (DPP) Mutembo Nchito to court on allegations of abuse of public office .

Zambian Voice Executive Director Chilufya Tayali said the law was clear that a sitting Director of Public Prosecution (DPP) cannot be prosecuted according to the constitution.

This is according to the press statement issued by Mr. Tayali to ZANIS in Lusaka today.

Mr. Tayali however observed that the discontinuation of Mr. Nchito’s case does not mean that the DPP’s immunity is not like that of the President which is explicit in the constitution.

He said the matter has remained with President Edgar Lungu to set up a tribunal according to article 58 of the constitution of Zambia to probe the DPP.

Mr. Tayali said the DPP may not function properly because public confidence has been shaken by the allegations.

He said therefore the President has an obligation to protect the DPP’s office.

Mr. Tayali has also commended President Lungu for not interfering with proceedings in court since the case started.

During a news conference last week, Mr Hichilema claimed that he controls the state intelligence system in the country and has access to intelligence files before President Lungu.

President Lungu said the Police should investigate to ascertain whether Mr. Hichilema’s claims are true or are just aimed at bringing confusion in the country through mere policking.

He has also directed Police to investigate and identify the officers leaking information to the UPND leader.

President Lungu issued the directive this morning at State House when he swore in Justice Ireen Mambilima as Chief Justice.

‘I expect the police to move in and find out from him how he is doing so. Has unsurped the powers of the President. The past five days have worried me a lot and I want you to find out from him whether it is true he runs the OP in this country because as far as I know there is only one President and that President is me and through me we all have to be governed,’ he said.

He said, ‘the police must find out from HH how he is controlling the state intelligence system and if there are people leaking such information to him, we need to fish them out and charge them and if there is a criminal offence occasioned, the Director of Prosecutions will take it up.’

President Lungu also reiterated that he will not interfere in the operations of the Judiciary.

‘As for me, I want to assure you that I will not interference with the judiciary, I will not interfere with the court general and I will not interfere with Parliament,’ he said.

He said with the appointment of a new chief justice, Zambians expect speedy transformation in the delivery of justice to the public.

And Justice Mambilima pledged to expeditiously address the challenges affecting the speedy delivery of justice in country.

Justice Mambilima disclosed that she will be meeting stakeholders to discuss how this can be addressed.

‘We hit the ground running and address the issues affecting the delivery of justice but it needs the input of all stakeholders including the bar, the public, the government and ourselves, we are going to start now and meet all the stakeholders,’ Justice Mambilima said.

The Lusaka Magistrate has sustained the nolle prosequi entered by Director of Public Prosecution Mutembo Nchito on 20th February this year.

When the matter came up before Lusaka Magistrate Lameck Mwale Monday morning, Magistrate Mwale told the court that after considering the matter, he is of the view that the DPP has power to discontinue the case even when he is the accused.

Magistrate Mwale therefore allowed the case to be discontinued as the matter was not an exception due to the powers vested in the DPP by the Constitution.

And in interviews with Journalists outside court, Nchito reluctantly said the law had to be followed.He said there were some people in Zambia that that wanted to bend the law to suit their own interests.

Meanwhile, the complainant in the matter Newton Ng’uni told Journalists that he will apply to the High Court to reopen the matter.

FORMER member of Parliament for Senga Hills Kapembwa Simbao says he will easily win the seat if adopted by the Patriotic Front (PF).

Mr Simbao, who was MMD MP until last week when the Supreme Court nullified his election, has applied to contest the seat on the PF ticket.

“The people that campaigned for me have asked me to stand on the PF ticket. I have personal strength and I will certainly win if adopted,” he said in an interview yesterday.

Mr Simbao expressed hope that the ruling party will adopt him.

“I will deliver this seat on behalf of the PF if they adopt me.

I am strong on the ground and I have a huge following,” he said.

The Supreme Court overturned the High Court decision that Mr Simbao was duly-elected after finding that his election was marred with election malpractices.

PF losing candidate Giles Yambayamba appealed to the Supreme Court after the High Court found that Mr Simbao was duly-elected as MP for Senga Hills.

In his petition, Mr Yambayamba contended that Mr Simbao’s election was characterised by widespread undue influence, bribery, intimidation, voter treating and electoral malpractices contrary to the law.

Mr Yambayamba further alleged that Mr Simbao made false statements and displayed an awful picture depicting the late PF President Sata as a person unworthy to rule Zambia and that the PF and its candidates were satanists.

He also alleged that Mr Simbao accused Mr Sata and PF male candidates of being pro-homosexuality and further false statements were made that the PF government would do away with fertiliser subsidies.