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Mutembo Nchito Enters Into Nolle Prosequi
The Director of Public Prosecutions Mutembo Nchito has entered into a Nolle Prosequi in his own case in the on going legal show down over alleged criminal misconduct at the Lusaka Magistrates Court.
Nolle prosequi as a declaration can be made by a prosecutor in a criminal case either before or during trial, resulting in the prosecutor declining to further pursue the case against the defendant. Courts seldom challenge applications for nolle prosequi and the DPP of the Republic of Zambia has just entered one in his own favour.
But in this case, Nchito is the accused and he is the Chief Prosecutor setting what is arguably a legal precedent and the first of its kind in the Commonwealth legal system.
The declaration may be made because the charges cannot be proved due to evidence too weak to carry the burden of proof, because the evidence is fatally flawed in light of the claims brought.
Nchito faced at least 11 counts of criminal charges among them fraud and forgery and it will be interesting to note which direction this case will take in light of this development.
Posted by
New Educated Zambia
February 20, 2015 at 6:13 pm
Zambians always the first to set precedents on irrelevant foolish childish things. All out of vengeance now their fellow rat is playing them at their own game. He was taught how to unfairly beat the system by the same party and now he is taking them for a ride. Please vote UPND in 2016 and let us remove this dirty mess you illiterate punks created in 2011
miyanda hamakuba
February 20, 2015 at 10:46 pm
No Tonga thief or defiler will be found guilty under Hakainde Hichilema’s rule, the only good thing is that God will not let HH win.
When the UPND wrongly sensed victory in the last January, 2015 elections, they shared almost all the positions among Tongas and the bantu botatwe dialects leaving the likes of GBM and other intruders. No wonder GBM is backing late Mazoka’s son for UPND President. People are fed up of the losing specialist in HH.
New Educated Zambia
February 21, 2015 at 1:45 pm
As they say, the ignorant and unsuccessful illiterates always feel threatened by the educated men of integrity. You know when HH comes in he will clean up all the stupidity that has been pertaining in that failed country. Watch out, 2016 is not far. start packing your tukatundu. foolish man
Josias Muchindu
February 20, 2015 at 6:16 pm
Truly a legal show down. What a precedence!!
sierra charles
February 20, 2015 at 6:21 pm
So looks like this said criminal is above the law. What a country?
Chief of Grief
February 20, 2015 at 6:33 pm
The legal fratenity pa zed eyo ndilakofye pantu its very much aplicable to the less fotunate(abapina).Mwebuteko bwandi,try 2 revise were necesary.
New Educated Zambia
February 20, 2015 at 7:09 pm
ama errors yapakisha for this to be human error. I do not know where to start from as this is a very sad case of poor education management. Please all those carrying out PHD researches on the education systems of Africa, take this chap as a good case study
mj banda
February 20, 2015 at 7:43 pm
Since that day he ran away from hands of justice, let him be nailed for that
king solomon
February 20, 2015 at 8:07 pm
MUTEMBO bola panshi.
Best solutions are 1)Resign as Dpp
2)President should fire him.
The Bible says that”Thou shall not judge thyself”but “let thou be judged by other judges.
miyanda hamakuba
February 20, 2015 at 10:31 pm
If Mutembo were not guilty of his acts he could have let the matters continue in court. Now it appears he is buying time but I hope the President will step in and suspend him because he looks demon possessed enough never to resign on his own.
As a President, ECL must urgently act, this is nonsense, how can an accused have power to stop his own case? The we have SHIT law, and SHIT is SHIT, it must be changed IMMEDIATELY, if not no future DPPs will ever be handled by our rickety courts.
mutale yumba
February 21, 2015 at 7:45 am
Dear Sir it is not Mutembo to blame for this. Even I would do the same under these circumstances. You can not do this to a sitting DPP.Did you not know he had a baggage before he was made DPP? The DPP is the chief prosecutor and can enter nolle at any time for any offence including his own. There is the person and then the office both occupied by one Mutembo.
Blame your own law and also ECL.
Before taking the matter to court Nchito should have been stripped of his position by way of tribunal. Even then there is no guarantee that he would be removed because people submit evidence to these tribunals and recommendations made at the end. Anyway the whole thing is very interesting. Let us see where it all ends!!
Klim
February 21, 2015 at 11:35 am
Well articulated!!!
Chief of Grief
February 20, 2015 at 8:40 pm
Ala ka mwaiche ka educatd irritant!!U jus mekin a fool of yoself!u rily craving 4 atention aiyi?How i wish noko alikwete miscourage pali iwe so in this case machende yabamayibako musatanyoko iwe.
king solomon
February 20, 2015 at 8:47 pm
Imwe ba mukolwe ninshi muleitukila?Go to bed if you have no issues.Ba mwankole imwe.na chimbwi awamapo.ba shetani mwe.
Chief of Grief
February 20, 2015 at 11:47 pm
Iwe naiwe @solo,yatekepanshi welupenfuwe.
mwewa mano
February 20, 2015 at 9:52 pm
That is the best thing to do because bakolwe tamwatekenye u should not have rushed to abuse the court process in that manner ,u needed to calm down first and research the case alittle more deeply, especially that most of those charges are simply fabrications.DPP is a constitutional office therefore quite hard to deal with in such a casual manner.Now all zambians are now aware that those dirty criminals want Mutembo out so that they could plunder the little money zambia has.Be careful Zambians Mwaibilwa again.
miyanda hamakuba
February 20, 2015 at 10:18 pm
Lets talk like mature people here. It is our dear President His Excellency Edgar Lungu’s fault for not suspending Mutembo Nchito. Why should he continue holding office? Explain to the nation Mr President.
Klim
February 21, 2015 at 11:45 am
It is not a question of suspending for the sake of it. If the allegations were true, why did they not report to the police so that the DPP could be investigated then the sanctions could have followed later?
Natalia
February 20, 2015 at 10:19 pm
Bravo Nchito,
We are behind u
syms
February 20, 2015 at 10:47 pm
mutembo must and i mean must remaine the countries d
Zee
February 20, 2015 at 11:51 pm
Never insult a crocodile while your legs are still in water. Question, was it in order for the court to drag the DPP to court????
kakolwe
February 21, 2015 at 5:27 am
HE WHO COMES TO EQUITY MUST HAVE CLEAN HAND.
So says an old adage.
Let the games continue as I watch the charade.
Deja Vu
February 21, 2015 at 6:24 am
Others have said it, I will only repeat: LET MUTEMBO NCHITO GIVE US A CHANCE TO KNOW WHETHER HE HAS BEEN ACCUSED FALSELY OR NOT BY STOP ACTING FUN!
Klim
February 21, 2015 at 11:54 am
So to you, the fact that the matter was reported to a Chongwe Court while both the accused and the complainant stay in Lusaka, the fact that the said offences were not reported to the police, the fact that the police ignored a court order not to arrest him, to you all these strange happenings do not tell you anything?
GK
February 24, 2015 at 7:24 am
Ba Deja Vu,
The constitution has laid down a procedure of dealing with a DPP, which Nguni and Co are not following. Mutembo is using the law to rightly defend himself. What are they afraid of? Let them follow the law. As Mutembo has said: “No one is above the law, not even the DPP, but no one is beneath the law, even a beleagured DPP. We are all entitled to the due process of the law..”.
Yohane Mulenga
February 21, 2015 at 7:06 am
Nchito abomba inchito my mutembo was mfumu. I love this Great Son of Zambia. Of course, criminals would never love him. Viva umutembo! Viva inchito!
Kwati like so
February 21, 2015 at 9:00 am
Mutembo balange law,hahahahahaha confusing the so called kangaroo courts. So many lawyers with little knowledge about law. Thieves ve teamed up!
Kayz
February 21, 2015 at 9:47 am
the smartest job in the land DPP.
Kayz
February 21, 2015 at 9:49 am
DPP best job in the land
Kwati like so
February 21, 2015 at 10:55 am
Lets see as the drama unfolds in this episode. Battle of wits!
chongo
February 21, 2015 at 11:29 am
It’s looking a little bit like funs but serious,this is cartels vs lungus government,we shall see the winners.but I trust lungu as a lawyer is a simple giant,this country is becoming dangerous to stay how can some people be so sophisticated.its seems some groups are above the laws of the land,criminality is dangerous and we need to be extra careful with some newspapers,they always pretend to be angel while their fueling criminality, uses their newspaper to cover up their criminality,but days are numbered.
GK
February 24, 2015 at 7:20 am
Chongo,
Ask yourself why all the lawyers fighting the DPP are crooks or are facing the law? Why doesn’t Nguni go and report to the police? If I accused you of planting drugs on a person, why should I be afraid to report to the investigative wing of government? What interest does RB’s lawyers have in having the DPP removed? Of course they want a new DPP who is user friendly and can give their client a nolle.
Smell the coffee!
New Educated Zambia
February 21, 2015 at 1:47 pm
Foolish corrupt government full of clueless thieves and criminals. Vote HH in 2016 to clean this bloody mess
ndaseka ine
February 21, 2015 at 6:43 pm
Dullness is no excuse at law. Nkuni (fire wood) is so much behind and dull just as his boss Vodka who claims to have no hand in the humiliation syndicate of the HIGHLY LEARNED DPP this land has ever had.
Nchito, let the fools dare you, however not only the law, but also the majority of the genuine law abiding citizens of this respectable nation are with you. No short cuts in removing you will succeed, but the wicked ones will perish not only in their ignorance but also in their mathuvi stupid schemes.
GK
February 24, 2015 at 7:15 am
Bravo Nchito!! Give them a run for their money! All the crooked lawyers have bunched against the DPP.