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President Edgar Lungu Sets Terms of Reference for Tribunal on DPP
Pretoria, (Wednesday, 11th March 2015) — Following the establishment of the Tribunal to investigate the allegations of impropriety and misconduct of the Director of Public Prosecution, Mr. Mutembo Nchito, His Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia, has set eight Terms of Reference to help establish facts and proposed recommendations, besides the scope of investigating the said alleged acts of misconduct and acts of impropriety.
Below are the Terms of Reference set for the Tribunal:
TERMS OF REFERENCE FOR THE TRIBUNAL TO INVESTIGATE THE DIRECTOR OF PUBLIC PROSECUTIONS, MR MUTEMBO NCHITO, SC.
Investigate allegations that the Director Public Prosecution (DPP) has repeatedly abused the authority of his office by indiscriminately entering nolle prosequi in cases in which he is alleged to have an interest of his own to serve, namely:
The People vs. Shubert Sinkala, where the DPP had not even seen the evidence from the Complainant;
The People vs Hakainde Hichilema, despite knowing that the Attorney General had advised the DPP that the State had appealed against the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional;
The People v. Lameck Phiri;
The People V. Rajan Mahtani and John Peter Sangwa;
Investigate alleged misconduct or misbehavior of the DPP whereby on 20th February, 2015 the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case thereby defeating the ends of justice;
Investigate the DPP’s alleged uttering of a false document procured by means of false and fraudulent representation to Mr. Justice Gregory Phiri, Judge of the Supreme Court, under Cause Number 1998/HP/2097 whereby he inserted and sneaked in two extraneous paragraphs in an order of court thereby misleading the Court;
Investigate the DPP’s ac t of intentional disrespect to judicial proceedings and to Mr. Justice Nigel Kalonde Mutuna, Judge of the High Court, in particular, between 1st January, 2011 and 31st December, 2012 by walking away from the Court;
Investigate the allegation that the DPP has taken over matters in which he has a conflict of interest relating to his business partners (Fred M’membe and the Post Newspaper Limited) Rajan Mahtani (Creditor) thereby going against his statement made before the Parliamentary Select Committee of the National Assembly of Zambia chaired by Honourable Lucky Mulusa that he would not take over such matters;
Investigate allegations that the DPP connived with and instigated officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr. Brebner Changala and Mrs. Agness Kawandami whereby the DEC swapped vermox tablets also call Mebendazole used for de-worming human beings that were found in Mrs. Agness Kawandami’s belongings at Mr. Changala’s residence with what was said to be Metamphetamine or Ecstacy;
Investigate the alleged misbehavior of the DPP whereby on or about 8th May, 2013, he purportedly took over the prosecution of his known business allies Mr. Fred Mmembe and the Post Newspaper Limited without declaring conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court;
Recommend to the President whether the DPP ought to be removed from office for above allegation
Amos Chanda
Special Assistant to the President
Press and Public Relations
Posted by
New Educated Zambia
March 11, 2015 at 4:09 pm
A typical case of fixing thy enemy for personal reaons because now you have the power to do so and us the tax payer will foot the bill. Lungu seems so effecient at effecting irrelevancies. Why cant we hav a terms of reference for finding out why the economy has failed and the PF have failed to fix it. Why not a terms of reference for why we having fuel shortages. Why not one about why the president is controlling the police. The courts found nothing wrong with Nchito. Now does it mean that lungu is telling that the courts are compromised? didnt we also see this with sata? and what did it yield? Vote UPND to get rid of these rats. twanaka bane
Pathako Pinu
March 11, 2015 at 4:40 pm
And the same rats you want them to vote for your mabisi party? Lets your nega nega formula will get you state house as us the rats/monkeys will also use our kolopa dot com.
VAMPIRO
March 11, 2015 at 4:48 pm
I can see RB in these ToR been fixed too
Hamasiki
March 11, 2015 at 8:02 pm
@ New Educated Whatever You like waffling too much with out analyzing issues supporting blindly because you are blinded and chocked with hate for EL be real call a spade a spade not big spoon.There is nothing good or home to write about or on the international stage that we can brag about Nchito apart from fulfilling his personal interest and pushing his agenda with Meembe.
sena
March 11, 2015 at 4:17 pm
As usual useless NEZ, cant read between the lines.
poly
March 11, 2015 at 4:23 pm
ABOVE THE LAW: Only the person who has fallen down can explain to you how he would not have fallen.Mtembo has been discharging his duties without abusing his authority.Are we not headed for another “Lovemore Chikopa” type of tribunal?
Sikiza
March 12, 2015 at 7:07 am
Mmembe,winter,mutenbo are cartel members watch them out they wil pull u down
chongo
March 11, 2015 at 4:40 pm
This is very good ,only blind and bitterly person like NED who can not understand it,surely. This man was just serving his own interests and of Mmembes
mj banda
March 11, 2015 at 5:00 pm
Finally, he ll be nailed
John
March 11, 2015 at 5:10 pm
ANYWAY THE THING IS MY BROTHER NCHITO AND HIS ALLIES USED THE SLOGAN OF “THE FRIEND OF MY FRIEND IS A FRIEND AND AN ENEMY OF MY ENEMY IS A FRIEND.” THEY WANTED EVERYBODY TO HATE WHOM THEY HATED AND TO LOVE WHOM THEY LOVED BY USING PRESS AND LAW.
New Educated Zambia
March 11, 2015 at 7:05 pm
So, Ba PF the high court has put a hold on the tribunal. What did I tell you? Edgar lungu is a useless lawyer let alone president. Edgar acts like he does not know how the legal system operates in Zambia. Lesson to edgar is that one should not make decisions while being on supposed sickness rest. Vote UPND to prevent the circus that zambia has become
Kangwa
March 11, 2015 at 7:13 pm
What really concerns me is that Edgar Lungu was Justice Minister in the Sata Admnistration, where he is expected to have prevailed over Sata to set up a tribunal on Mutembo. If he rendered advice and Sata refused, he should tell us, otherwuse Zambians will be saying he is being pushed by Rupiah. Or is it out of hatred for Mmembe who is friend of Mutembo. Politicians serve their own interests. Edgar should have been working on giving Zambians the constitution, changing the electoral code of conduct to deal with the many by-elections Zambia is wasting resoirces on.These are the national matters that have direct impact on our poverty.
New Educated Zambia
March 11, 2015 at 7:16 pm
Took the words out my mouth mune. The PF is the joke of africa followed by mugabe’s regime. It no wonder they are close to zanu pf. In 2016 you know what to do bane. It is just forward and no looking back. Let us get our country back from these clueless visionless kaponyas. I hope you zambians have learned a hard lesson
zega
March 11, 2015 at 9:17 pm
iwe ka NEZ get lost
new educated Zambia
March 11, 2015 at 9:28 pm
Kiki iwe ati banji. Wadyela
shanikeshume
March 12, 2015 at 7:53 am
ned is undeveloped peoples party compaign manager from what he writes. time worster
confu
March 12, 2015 at 8:03 am
From Pretoria!!! It can’t wait until babwela. Iliko bad iyiy? Ni express zoona.
fr. bwalya
March 12, 2015 at 12:24 pm
The terms of reference are a joke. In any case the noble entered on his own behalf is as a result of how the case was handled .
EL has the powers but he is misusing the. NEZ ,apart from insults,has a point. EL has been part of this administration, he should tell us something else concerning the terms of reference. Appeasing RB will see PF out. What are you doing about it PF members?
Kaya