1. What Happened-
The High Court Order obtained in the Lusaka High Court quashing the warrant of arrest on grounds of jurisdiction of the Magistrate Court was presented to the Magistrate who issued the warrant of arrest. The lawyers for the complainant as well as accused appeared and argued before the Magistrate. The Magistrate after considering the arguments recused ruled as follows:
a) That he cannot recognised the High Court Order because the said Order is in a civil action which cannot override public interest proceedings. This is the current law. No civil matter can stop criminal proceedings.
b) He recused himself from the case on grounds that the accused has sued the magistrate personally in the High Court for the said quashing Order.
c) He ruled that since he does not recognise the Order the accused person must remain in custody until the matter is re-allocated to another magistrate.
2. He Escaped?
Immediately after the ruling the brother and lawyer Nchima Nchito came with the vehicle and he entered the vehicle and sped away to the surprise of the police who were to lead him to the holding custody cell. He has run away from the police custody. The police tried a chaser but could not find him. Right now his whereabouts are unknown.
mj banda
February 12, 2015 at 9:53 pm
Nchima Nchito should be arrested as well, he is now an accomplice
Jane Mulenga
February 13, 2015 at 3:49 am
Please Rupiah Banda, leave our DPP alone. Stop prosecuting the DPP iwe ci Rupiah Banda. We know that its Rupiah banda the criminal who is behind this, and very soon, life will catch up with him.
Jim
February 13, 2015 at 1:29 pm
What has RB got to do in this matter?Mutembo Nchito stands squarely to blame.Is it RB who instructed Mutembo Nchito to forge a Court Order or swear a false affidavit.Mulandu suubola Baba!!!( a case never rots Sir!!!!)
king solomon
February 13, 2015 at 4:40 pm
You should respect elderly people. You ass sucker.
aisa
February 13, 2015 at 12:18 am
arrest both idiots
shigumbi
February 13, 2015 at 1:07 am
God, help us mu zambia ulupato. Ninshi fwebena zambia? tuling”anda imo twilapatana mwe bantu. Father 4give them they do not no wat they are doing.
Mula
February 13, 2015 at 6:49 am
Nchima Is Making A Big Mistake By Personally Involving HimSelf. He Should Just Be Underground Helping His Brother. I Think Our Zambian Courts Are A Nosense. Didnt The High Court Know That What Was Presentated To Them Was A Civil Matter And Can Not Override A Criminal Case Or Its Like Magistrate Knows Best. These Guys Should Exchange Courts. I Told You, Take Meembe To Court He Will Later Bring Mutembo In The Case And You Will Have More Ground To Prosecute Nchito M. Not This Tom And Jerry.
mukampipa
February 13, 2015 at 7:56 am
this judicial system we have is a Big joke!4sho bena Tom & JerryAnd the cops didnt even have a clue of what was going on…uku shishita ba mambala.I can imagine Mutembo doing a Usain Bolt..yaba…Ba DPP…shame!
Chisenga
February 13, 2015 at 8:43 am
WE THOUGHT THIS NONSENSE OF WITCH HUNTING HAS ENDED. I REMEMBER SATA LITERALLY BEGGED MUTEMBO TO BECOME DPP. NOW IMMEDIATELY AFTER HIS DEATH THE SAME GOVERNMENT IS HAUNDING THE POOR MAN. THE LESSON IS THAT MY BROTHER MUTEMBO SHOULD HAVE LEARNT BY NOW THAT POLITICS IS A DIRTY GAME. THEY USED HIM TO HUNT RB. BUT NOW THAT SATA IS DEAD THEY HAVE STARTED TO HUNT MUTEMBO ON FALSE TRUMPED UP CHARGES. HE HAS BEEN DUMPED. THE IDEA IS TO FIND A WAY OF REMOVING HIM FROM OFFICE.MY BROTHER MUTEMBO SHOULD GRACEFULLY RESIGN. THE FALSE CHARGES WILL NOT GO ANYWHERE. BUT ALSO DO NOT TOUCH THE LORDS ANOINTED. HEADS WILL ROLL FOR THIS.
dot komu
February 13, 2015 at 10:33 am
Do not just comment out look at the evidence first. He knowingly and deliberately introduced forged documents to mislead the court. He should infact been prosecuted long ago. He was shielded by the late Constable who you called president.
major chileshe
February 13, 2015 at 8:43 am
Hahahaha ati ” the police tried a chaser but could not find him” wats this ba tumfweko?
Kecy jones
February 13, 2015 at 9:26 am
Chisanga have you ever heard of the cartel? It’s just time catching up with them. Shame on them.
Pingback: Evidence of Nchito's Alleged Forgery Leaked | Zambia Reports
Jeff
February 13, 2015 at 11:49 am
There is no organisation called Cartel. With respect to Zambian Airways Ncht did nothing wrong. Z Air was a limited company and a legal entity. It could borrow money, pay back, sue and be sued. It borrowed money. The recourse when it fails to pay back is receivership. Directors are hidden by the corporate veil and cannot be seen. That veil can only be lifted in the event the directors committed a crime. What is that crime? Wasn’t DBZ satisfied that za was credity worthy?
Jim
February 13, 2015 at 1:37 pm
In Legal terms a Company is different from the people who own it.In reality,when it is evident that the people that administer it are engaged in fraudulent borrowing like the case of Zambian Airways added to this,they guarantee the debt,then they become personally liable.Hence Mutembo Nchito and Fred M’membe liability to DBZ.
poly
February 13, 2015 at 11:59 am
We are now watching the re-enactment of “THE MEN WHO KILLED KENNEDY” only that locally it has been christened “THE MEN AFTER MUTEMBO NCHITO” its a must watch series.
gestapo
February 13, 2015 at 1:43 pm
I think its stupidity to say RB RB. How is he connected. Why is he running away if he is innocent. Its time for the idiot to face reality also. RB was the President of this this country did he run away wen hwe was arrested? Ya the idiot must pay for his sins. Chapwa
Mfuwe worker
February 13, 2015 at 3:54 pm
These nchito guys should not be allowed to behave like they are the only ones who know the law and hence are immune to it. Rightly put almost all former presidents who have left office in zambia and were alive have been legally questioned before. Although this may not be good the said leaders did not trash our legal system by running away. Remember they held higher offices than this chap nchinto. This us ridiculous,
Mfuwe worker
February 13, 2015 at 3:59 pm
Why should nchito feel like the law is nchito and nchito is the law? And why is Mmembe so shaken and upbeat about EL. Mmembe is always insinuating that EL is after his blood and that of Nchito. Maybe ni zoona EL ni small body but big engine and the chaps really know this. Maybe fate has made them to meet their match for once. Let us wait and see! Ilikoliko.
king solomon
February 13, 2015 at 4:34 pm
Book writers do your part.one event after another in short intervals.
king solomon
February 13, 2015 at 4:41 pm
You should respect elderly people. You ass sucker.
Galilea
February 13, 2015 at 5:19 pm
The bastard should bravely face the law if he has big testicles under his legs. Coward bastard afraid of a small court. Let this devil be captured and face the law.
Is he not a lawyer?
Galilea
February 13, 2015 at 5:24 pm
RB has nothing to do with this coward hyna. Chikateni chi dpp nacho cumfwe cell yakwa Kanene. Let him dance the Kanene tune.
The bastard should also surprise us by resigning as dpp.
ndaseka ine
February 13, 2015 at 7:43 pm
Zanbians eyes you have but do not see, ears you have but do not hear, brains you have but do not use them? ARE YOU AWARE THAT THE “CARTEL COIN” was and is still used to manipulate your minds to see nothing wrong where everything is wrong and to think all is well where nothing is alright? On whose side is the DPP is when he prosecutes plunderers and public thieves? Do you really know who Newton Nguni is and who his masters are?
The redeemed
February 13, 2015 at 8:05 pm
I have great fear fo the law . I never knew that persecutors can also face the law. This man has brougght many pipo to their knees but today he is burnt by his own fire ! When you are wicked no one will help you when its your time .
jobreaker
February 13, 2015 at 9:44 pm
awe…let both nchito and rb face the courts…if they are innocent let it be proved in those four corner walls..kwasila. ….Ba EL I salute
Kabiki Katombela
February 14, 2015 at 8:08 am
The DBZ case was in public domain before PF formed govt. Why was Mutembo cleared by LAZ, DEC, OP, ACC and ratified by Parliament to become DPP if at all he was not credible?
I personally cannot see any ground that makes Mutembo liable to criminal offences.
It is even much easier to arrest and charge Mmembe that subjecting the entire govt. system as a laughing stock in the eyes of the international community.
Cool temple
February 14, 2015 at 8:14 am
What goes around comes around. Mutembo is simply reaping what he sowed ! The Bible says so.
Tembo levy
February 14, 2015 at 12:02 pm
RB & EL ,please stop what you are doing God is watching you.Vengeance belongs to God.
We expected the former deputy minister of Finance Newton Nguni to surge is power on advising EL on how to contain the free failing Kwacha against the dollar and not exert unsubstantiated charges on DPP.
Mind you the world is also watching and slowly losing confidence in your governance.Investors are now looking else where, were they can invest their money because political environment and justice system play a key role in deciding where to invest.E.g if the innocent DPP can be bundled like that just for prosecuting corrupt people and that was his duties, what more of an investor?This will therefore render business environment unsafe because any time there can be confusion coming from cadres ,protests and other civil unrest.
Please RB & EL put the interest of the nation first before yours.
Zambians want affordable accommodation and these are the issues that are affecting the common man.
People want to be renting a 3 bed room house at k1,200.00. not what you are doing to DPP.Please STOP! STOP !STOP!
mwewa mano
February 15, 2015 at 8:24 pm
As a zambian i feel embarassed at the way our DPP is being treated we are acting like a country without laws.How does some small magistrate in chongwe become part of this criminal Nguni who thinks that his stupid behaviuor ends at zambia only .the international community is asking whether we even have laws and respect for this constitutional office.It is not Mutembo as such but the office he holds is the backbone of zambia’s justice system and should not be brought into disrepute like that.So tomorrow some minister somewhere within the country will be pulled to police station by some pf party stalwart acting on some stupid instruction from somebody.where is the president of a country to allow such chaos under his watch.Is this Sata’s legacy?am now telling my friends that am not zambian.