Ruling In Nchito’s Own Nolle Case Due Tomorrow

Lusaka Magistrate Lameck Mwale is tomorrow the 2nd of March expected to make a ruling in a matter Director of Public Prosecutions (DPP) Mutembo Nchito entered a nolle prosequi in his own case.
Magistrate Mwale is expected to rule as to whether Mr. Nchito who is alleged to have committed among other offenses Abuse of Authority of Office, Contempt of court, Procuring execution of documents by false pretences and Conspiracy to defeat justice, can enter a nolle prosequi in his own case or not.

When this matter came up for mention and taking of plea on Friday the 20th of February 2015, in his argument for entering the nolle prosequi, Mr. Nchito told the court that he has been forced to use the powers vested in him under the constitution to stop the criminal proceedings against him because he does not think the due process of the law has been followed.

Mr. Nchito contended that he cannot be prosecuted on charges that have not been investigated and on which a signed charge sheet has not been drawn out.

But in response to Mr. Nchito’s decision, Magistrate Mwale who had earlier ruled that the DPP takes plea despite him retaining his constitutional powers allowed the prosecution team representing former Finance Deputy Minister, Newton Ng’uni who is the complainant in this matter to be heard.

Magistrate Mwale ruled that this is because the matter at hand is unprecedented and therefore the prosecution team had to be heard.

In their submissions, the prosecution team which compromised lawyers from Makebi Zulu Advocates, PNP Advocates and Keith Mweemba Advocates contended that by entering a nolle prosequi in a matter he is facing alleged criminal charges, Mr. Nchito is in fact abusing his Authority as DPP.

The prosecution team argued that it is also against law of natural justice for Mr. Nchito to enter a nolle prosequi with respect to himself, adding that there is no provision in the country’s constitution that protects the DPP from prosecution.

Magistrate Mwale then adjourned the matter to tomorrow the 2nd March to enable him study what was been submitted before making ruling.

Posted by Kunda on March 1, 2015. Filed under LATEST NEWS. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

22 Responses to Ruling In Nchito’s Own Nolle Case Due Tomorrow

New Educated Zambia

March 1, 2015 at 7:12 pm

Unnecessary cases brought about by greedy and selfish motives. It seems zambia is good at making precedents at law. For a poor country of only 14 million we are indeed contributing to the legal precedence at an unprecedent level. One would think we were also making tremendous progress in our standards of living. However, the opposite is true. Our government and leaders spend time and money fighting over their own interests whereas the common man and woman is going without food. Nolle prosequi will not bring down the price of mealie meal or put food on our tables. You fools wake up and start leading this country. Vote UPND to prevent this stupidity.
- Pathako Pinu
  
  March 1, 2015 at 7:44 pm
  
  If Maureen & Muntinta paraded in bras would have made sense.As for the a$shole HH & his UNPD fanatics if you are tired of parading your women in kitchens & kraals you better use beaches like Samfya beach not tu ma bra mu town.Next time we shall unleash Bemba chimpazees & guerrilla to rape your women should you parade them naked so that you get ebola then we shall quarantine all the UPND chaps including the overzealous douchiebag faggot ass clown garbage New Undeducated Zombie.Nyo!!!
  - New Educated Zambia
    
    March 1, 2015 at 8:38 pm
    
    I think this idiot called pathako pinu is cross eyed. Because I believe he is commenting on a wrong story all together haha. Foolish PF cadre. Take your confusion and retardation elsewhere. We want mature and constructive debate. This is not state house where you can open your mouth anyway as is pertaining there now
    - Pathako Pinu
      
      March 2, 2015 at 2:17 am
      
      Iwe jikala Mutembo Nchito has to be shown the door to hell especially that he entered a nolle prosequi for HH just to provoke GRZ & PF camp & not on merit & value.He is a conspirator & schema who needs to be fornicated before he claims “virginity”.Yikes!
      - New Educated Zambia
        
        March 2, 2015 at 12:38 pm
        
        LOl the law is amazing. Please read today’s news to see what the decision on his case is.
mj banda

March 1, 2015 at 7:41 pm

I hope the law will take its course and no one is above the law
Chitutuma

March 1, 2015 at 7:48 pm

You are wasting time with your incessant but boring trash. Nobody pays any mind to you, fortunately, except your fellow Tonga-types.
Ntehime

March 1, 2015 at 8:01 pm

@New Educated Zambia
I like your comment in spite of the fact that I’ve never ever been attracted to upnd leadership in my entire life… we need you and Mwetwa in Rainbow.

The law is on Nchito’s side, unless it is raped by el political hand which is highly unlikely where succeeding is concerned. Nchito is just to smart.
Shaka Zulu

March 1, 2015 at 8:03 pm

Nchito should quickly be sent to prison.We need to move on as a nation.
Shimapuli

March 1, 2015 at 8:15 pm

What tribe is Nchito? Is he a Bantu Botatwe?
malion

March 1, 2015 at 8:58 pm

New educated you’re making upnd unpopular.80%,of comments is coming from you. Very few read your coments even when you change your name.maybe first sentence.u enjoy being insulted.you’re possessed. Anyway ypraying for you
- New Educated Zambia
  
  March 1, 2015 at 9:39 pm
  
  Malion I am not here to please you. I am not UPND and UPND is not me. I am just here to pass on the message of UPND policies. If you do not like it, you do not need to read it. Do not say we, am sure everyone here is capable of typing their own feelings here. Thanks for your concern but no thanks. Vote UPND
  - Pathako Pinu
    
    March 1, 2015 at 10:48 pm
    
    chikala gona you are not even in Europe you just pretend.Give me 24 hrs I will trace your I.D. since I have administrators access for tumfweko.After that I will make it public.
    - New Educated Zambia
      
      March 1, 2015 at 10:53 pm
      
      Pathako pinu you have the I.Q of that which is in your avator. A dry buttock! Please go ahead,if trying to trace me will help you sleep at night be my guest haha. You have failed to articulate your points now you are angry. Do you all now see why the PF cadres are violent. It is the same with people that stummer. They get frustrated and end up resorting to violence. Kabiye uko iwe!!
      - Pathako Pinu
        
        March 2, 2015 at 12:33 am
        
        Better than your avatar with a masturbating hand logo
mj banda

March 1, 2015 at 10:36 pm

Ndiwe chipuba, listen to other people views, it can’t be u all the time with hate speech. Learn to be human not ugalu uko shaaaa!!!!!!
tutu

March 1, 2015 at 11:05 pm

just give nchito more money,he seems to like money a lot…itole
Chisenga

March 1, 2015 at 11:12 pm

WE ALL KNOW WHAT THE RULING WILL BE.
1.MUTEMBO WILL BE TOLD THAT HE CANNOT ENTER A NOLLE IN HIS OWN FAVOUR.
2.NGUNI WILL BE TOLD THAT THE ALLEGATIONS WERE WRONGLY BROUGHT BEFORE THE COURT AND WILL BE THROWN AWAY. NGUNI WILL BE ADVISED TO TAKE HIS COMPLAINTS TO THE POLICE WHO HAVE TO INVESTIGATE AND IF NEED BE A TRIBUNAL WILL BE FORMED BY ECL. THIS MEANS THE CASE WIL DRAG ON AND ON AS NGUNI WILL BE GRILLED BY MUTEMBO BEYOND RECOGNITION.IN THE END MUTEMBO WILL VOLUNTARILY RESIGN OR ECL WILL JUST STEP IN AND ALLERGE INCOMPETENCE ON THE PART OF MUTEMBO IN ORDER TO CREATE A JOB FOR A DPP WHO CAN FREE RB.

AND BY SO DOING, MUTEMBO WILL HAVE BEEN VINDICATED.
- Pathako Pinu
  
  March 2, 2015 at 2:15 am
  
  Chikala use I not WE.That aside Mutembo won’t be vindicated but has to be shown the door to hell especially that he entered a nolle prosequi for HH just to provoke GRZ & PF camp.He is a conspirator & schema who needs to be fornicated before he claims “virginity”.Yikes!
jobreaker

March 2, 2015 at 7:02 am

ka edu..so simply because case does not directly benefit u u lable it useless.. do u know what u are saying .u are saying since those thieves did not steal from my house u might as well let them go free..u complain of those kind of cases won’t affect the mealie meal prices.. so that’s not of Ur interest. then all criminals should be left scot free until they fix the mealie mill price.that my friend is how upnd works..we the Pf would like to see justice prevail, nchito claims to be innocent that platform is for him to prove it to the courts.
zega

March 2, 2015 at 7:11 am

i wonder you call yoself new educated wen in yo dream you are saying mutembo should not be prosecuted.wat is wrong wth u evry tym u talk lky yo leader hh wu does’t knw hw to say good things out of his mouth.
jobreaker

March 2, 2015 at 7:12 am

edu I’ve come to believe u as a low thinker with a lot of words to say becuase from this point it seems any wrong upnd or Hh wiil do u have already convinced urself that its OK..u defend issues like women walking naked in the streets, carrying a coffin on foot to the graveyard, Hh seating in a funeral home wen he should be outside,u defend mtembo nchito because he defended Hh..to u Hh is as good as a messiah,he cannot do wrong, that trust in a man is the beginning of Ur downfall