Failure by the State to follow procedure led to the tribunal set up to investigate allegations of misconduct and impropriety leveled against suspended Director of Public Prosecutions (DPP) Mutembo Nchito to cut short the proceedings this morning.
The three-man tribunal chaired by former Chief Justice Anil Silungwe was due to hear preliminary issues as to whether its proceedings should be heard in-camera or not but could not proceed after it was realized that proper procedure should have been that the respondent Mr. Nchito first gets formally served with the allegations.
Justice Silungwe, who sat with tribunal members former Chief Justices Matthew Ngulube and Justice Ernest Sakala, then adjourned the proceedings to Monday, 13th April after the State through Solicitor General Abraham Mwansa applied for an adjournment.
In his application for an adjournment, Mr. Mwansa told the tribunal that the State needed to add more allegations to the allegations before the tribunal and that it will need at least 7 days in which to do so.
Mr. Nchito however objected to the application by the State arguing that adjourning the proceedings will be unfair to him.
He contended that he was ready to proceed as he has issues he needed to address from the allegations already before the tribunal.
Mr. Nchito wondered how the State could turn around and request for an adjournment after constituting the tribunal as the appointing authority.
He said the matter had already attracted immense public interest and that it was more relevant not only for him alone as suspended DPP but for other constitution office bearers in the country.
But in response Mr. Mwansa stated that for the fact that lapses in following procedure were noted, proceedings of the tribunal had to be adjourned until such a time that Mr. Nchito is formerly served with the allegations.
Delivering ruling on the application, Justice Silungwe adjourned the hearing to the 13th of April on which date the hearing will proceed with the raising of preliminary issues with the media and members of public free to observe the proceedings.
Earlier before the lapses in procedure where noted, Mr. Nchito was allowed to raise preliminary issues in which he referred to the allegations leveled against him as incompetent and invalid.
Mr. Nchito argued that this is because the tribunal appeared to be a judicial hearing than an inquiry in that his removal from office as DPP is what the State seemed to seek.
He contended that this would therefore mean the tribunal would be impeaching the constitution which provides how a sitting constitution office bearer like the DPP should be removed.
But in response the State through the Solicitor General Mr. Mwansa contended that the nature of a tribunal that Mr. Nchito was appearing before has no room for raising preliminary issues with respect to the merit of the allegations.
He also argued that it was not the duty of Mr. Nchito to guide the tribunal as to whether the allegations before it were competent or not.
Beautiful Moma
April 1, 2015 at 7:16 pm
“He also argued that it was not the duty of Mr. Nchito to guide the tribunal as to whether the allegations before it were competent or not.”
But that’s Mutembo for you. If he didn’t tell you what to do, then that’s not his name. This crew are the ‘sons of god’. The rest of us are commoners. One thing is always clear though, time catches up with us all.
New Educated Zambia©
April 1, 2015 at 7:38 pm
kiki useless tribunals set up based on personal vendettas on behalf of one old corrupt chap called banda. Meanwhile the foolish judges sitting on this tribunal were paid for today. adjournements or not they are paid. This is law. Foolishly wasting our tax payers money on cases they have not fully researched and trying to buy time in order to find cases. We in the UPND will ensure that the law is applied fairly and in turn save us money. Law is law let it apply equally to all. busy wasting our time and money
mj banda
April 1, 2015 at 8:54 pm
We in UPND will never come and even in 2016 you ll fail again. Remember UPND will never ever form government but continue crying until another credible party comes into existence.
New Educated Zambia©
April 1, 2015 at 8:57 pm
Kikiki grow out of it Michael Jackson banda
MCCM
April 1, 2015 at 11:43 pm
As for me and my entire family,I cant waste my vote ob a tribalist
Mula
April 1, 2015 at 8:41 pm
@The State Needed To Add More Allegations To The Allegations Before The Tribunal. Why Should You Start A Case With Useless Allegations? This Shows That You Are After A Person, Even Though It Could Not Even Be The Case. Lets Not Play Tom And Jerry Here, This Is No Time For Intertainment.
New Educated Zambia©
April 1, 2015 at 8:49 pm
Young mulla baby. We told u guys. Please vote upnd
pillar
April 2, 2015 at 7:16 am
BOI A NORMAL PERSON CANT VOTE FOR UPND,THE PEOPLE OF ZAMBIA HAVE REJECTED HH FOR SO MANY TIMES,HE WAS GIVEN TIME TO CAMPAIGN WHEN WE HAD CONFUSION IN THE PART,DO U THINK HE WILL FIND IT EASY AGAINST A SOLID AND STRONG PF PART IN 2016? STOP DREAMING OF UPND FORMING GOVT FORGET MWANA NOT IN ZAMBIA.
TONGAS VERY USELESS PEOPLE WHO CANT BE TRUSTED
New Educated Zambia©
April 2, 2015 at 9:00 am
Caps lock? Lol you now gettin frustrated and desperate.
shocks
April 1, 2015 at 9:04 pm
Do we really have competent men & women in zambia who could assist in interpreting our laws. Its shame that these so called retired judges does not even know which procedure to follow. No wonder our prisons are full of innocent people yet our streets are full criminals like RB. Shame on u ati wise men. U are all become fools!
chilufya bwalya
April 1, 2015 at 9:11 pm
lungu u ve no time in this world to fight people like meembe & mutembo, people wants job, good schools, good hospitals, access to clean water, cheap plots, etc. I can assure u by the time the fight will b half u will b out of state house ( voted out ), if u argue go & ask the let levy ( MHSRIP ) or ask RB. its high time PF now faced that & look for someone who can convience people in next years’ election or make the end of pf
oliver mudenda
April 1, 2015 at 9:30 pm
Rb is influencing all this
kanono
April 1, 2015 at 9:33 pm
Nchito is a man indeed,wat was the state waiting for without adding more cases nt until the day of the tribunal that’s wen they rememba,time and money wasting wich is meant for edcation and health
CHILANKALIPA
April 1, 2015 at 9:35 pm
Shocks and Chilufya you really shock and get people lost. How can you say : so called retired judges ‘does not’ even know which procedure to follow. And that ‘people wants job,’ ‘ask the let levy’ ‘convience people’ Did you guys see the inside of a proper classroom?
New Educated Zambia©
April 1, 2015 at 10:24 pm
english is not our mother tongue. Plus blame this on the poor levels of education in government schools brought about by the same pf and previous governments.
pillar
April 2, 2015 at 7:18 am
It is not the PF Govt that is trying to fix the DPP but rather the President trying to “clean up” the DPP’s office and have a rightful person with integrity and unquestionable character occupy it.
It was not the PF Government that told Nchito to fraudulantly forge Court papers was it? It was not the PF Government that told Nchito to enter nolle’s in Mahtani’s court cases was it? It was not the PF Govt that told Nchito to lie before the Parliamentary select committee during his appointment process – was it?
If it wasnt then your point is misplaced and let the Tribunal do its job and you can turn to Chikwanda and President Lungu to vent your issues on the economic situation in the country.
New Educated Zambia©
April 2, 2015 at 9:03 am
And has he been charged for any of those allegations? Ubupuwa. Know difference between an allegation and a charge. That is why you are adjourning tribunals left right centre kiki
mj banda
April 1, 2015 at 10:37 pm
@nez, talk sense than correcting people’s grammar. Please stop lying to people that the freemanson government will if ever meet all peoples needs. By the way, has HH signed anything with the suppressors/ oppressors
New Educated Zambia©
April 1, 2015 at 10:44 pm
erm who is correcting anyone’s english? are you retarded? if you can read you will notice that i was advising chilankalipa on the need to understand that english is not our mother tongue hence the need for him not to be condenscending towards shocks. You seem to only see what you want to or do you just make things up? very foolish behaviour ba pf
VAMPIRO
April 2, 2015 at 3:13 am
No sane person in his right frame of mind can be attracted to join Upnd or even give it a vote after being insulted degraded and being called dull clueless all sorts of unprintables. Never on this planet. Of managed to unseat a ruling party because we moved as one important group of people. @DEZ try that in UK maybe.
VAMPIRO
April 2, 2015 at 3:14 am
Typo …Pf managed
New Educated Zambia©
April 2, 2015 at 11:47 am
we do not expect a vote from lungu. It is lungu who is clueless.I think we can win the election minus one lungu’s vote. Unless you are saying you are also clueless kiki
son of a Gun
April 1, 2015 at 11:44 pm
So ba NEZ you will bring your own pipo in the system? And from where?the same pipo that FTJ left are the same Levy found and left R B left MC left,ECL Found a burden, this time around trying to put things in order,Bane twilabepa a Bantu,UPND will fix this and that,mean while your Hero has not even felt what it means to be a ward counselor,weather he likes it or not he will go back to the same recycle routines,if u argue with me where is William Banda senior mapatizya formulator,GBM,Silvia Masebo the list goes on.This tendency you have of finger pointing,eh!PF this!some of these pipo just work in government institutions they are either Narep,Fdd,UPND,now Rainball different political affiliated pipo,some to frustrate government efforts and so forth, the way I look @ you,your of thinking capacity is like that of a little kid who cries every morning,for nothing but a Candy sweet. Very limited,narrow,naïve and shallow. You had better look @ your self and get organized. you r So dismantled! assemble your self. be meaningful not meaningless its dangerous.
MCCM
April 1, 2015 at 11:44 pm
As for me and my entire family,I cant waste my vote on a tribalist
Judge Joe Bidden
April 2, 2015 at 12:40 am
All you chaps are boring instead of discussing the issues you all go back to cheap politics it’s only @beautiful moma, shocks and kanono who maintained the topic. Let me go to sleep
tutu
April 2, 2015 at 3:09 am
batumfweko soveniko ka number akalebomba akehule lilya ileshitisha itwanukane pa facebook,iyi mwatupele yapa w@sup tachileasuka balamya,na msg tumine yonse tachilebwesha..njafwilisheniko ndimuntu wenu
VAMPIRO
April 2, 2015 at 3:16 am
If she’s not answering ninshi balemunyenga, just wait @kakolwe apwishe. Kikikikiki.
Jay
April 2, 2015 at 6:17 am
All the people in this gvnmnt r stupid fools,gud for nothing chaps,idiots
John Chinena
April 2, 2015 at 7:06 am
A full is you who cannot reason and think beyond your nose. I am sure you are just a failure in life who always blame others for your own failures. People like you are a mistake on this planet.
pillar
April 2, 2015 at 7:31 am
WECHIPUBA NEWEBO CHIKALA
New Educated Zambia©
April 2, 2015 at 9:05 am
Kikiki can you blame this man for having such views when the pf have failed us all
pillar
April 2, 2015 at 9:18 am
infact it is u who have failed the PF,how can u familiarize yourself with our developmental program when u are a frustrated individual nursing 20 january fatigue? kikikikiki.UPND cadres aweshuya kuwaya yawafwi hoping that one day HH will be at plot one.
very frustrated that they can even kill
New Educated Zambia©
April 2, 2015 at 9:22 am
Even u are doing the nez laugh kiki. You know you are relating to our message. We understand that due to family benefits from pf you need to be seen as supporting them. 2016 do right thing. Things have changed kiki
poly
April 2, 2015 at 9:28 am
@Jay….are you undergoing your initial stages of lunacy for you to be insulting people who wont hit back? To me, you sound like someone who was born a crime (Fathered by a gang). Stop it and be sensible.
poly
April 2, 2015 at 9:36 am
This Tribunal appears to be up to some mischief.Imagine from the time they were appointed, the have completely failed in their duties to add more allegations to the allegations.
It may be that they are overwhelmed by the number of references that they are not in a position to articulate themselves.Maybe, all the allegations are sincerely defective and require the attention of the appointing authority.
For now, this Tribunal is headless and may God help us.
New Educated Zambia©
April 2, 2015 at 11:49 am
kiki now you have seen that everyhting is hopeless under the PF. Indeed god help you kiki. Fyafulungani ifintu. mukose nokukosa. Pray hard this easter
Chisenga
April 2, 2015 at 10:57 am
MUNZI WAMA JUDGES WAPYA. THEY HAVE REALISED THAT THE INITIAL CHARGES WERE FRIVOROUS, VEXECIOUS AND FUTILE. SO THEY HAVE TO CREATE OTHER CASES THAT MAY BE VALID. MUTEMBO SHOULD STUDY THIS SITUATION. DID NGUNI INITIALLY COMPLAIN ABOT THESE NEW ALLEGATIONS? GOD HATES INJUSTICE. THEY SHOULD NOT BE CHANGING GOAL POSTS. IF YOU SAY YOU ARE READY YOU MUST PRESENT ALL THE CHARGES FROM YOUR BAG.
Sobongo
April 2, 2015 at 12:10 pm
Stupid tribunal headed by stupid Judges!
Mutembo is right when he says the tribunal appears to be a “judicial one”.
Useless Patriotic Foolishness at display!
pierrre Cadin
April 2, 2015 at 12:14 pm
Easy ba Mutembo easy. The journey has just started. It will be long and winding, frustrating at times. Now i suppose you will know what it feels like being on the other side of the road where nolle prosqui is non existent. What is good for the gander must be good for the goose as well eh. Kikikikikiki………….
Johnson Mwanza
April 2, 2015 at 2:16 pm
The tribunal judges are useful idiots just like Pillar.
Let’s be objective in the approach of issues.Surely these 3 judges are former Chief justices but it looks like because of their incompetence ,they were reduced to school Boys by Nchito.
New Educated Zambia©
April 2, 2015 at 3:30 pm
kiki very true. And it is scary to think that these former judges at one point decided on the fate of those alleged to have committed crimes. The judiciary is a joke especially during the pf era. You know what to do in 2016 mune.
Ishmael
April 2, 2015 at 11:06 pm
That’s nchito those guys are mafias ni kuyamba munshe that tribunal might not even yield a thing.remember the 14billion DBZ issue is still a song anyway we watch and see how it goes.
pillar
April 3, 2015 at 9:46 am
THE plan by the Government to set up maize milling plants in all 10 provinces of Zambia is a step in the right direction as it provides an opportunity for millers to go into Public Private Partnerships (PPPs) with the State,
New Educated Zambia©
April 3, 2015 at 10:33 am
Wabema chani lelo iwe
pillar
April 3, 2015 at 2:30 pm
@NEZ,we as PF govt we were elected by the people of zambia so our plan is set up maize milling plants in all 10 provinces even in southern province were we are hated.
New Educated Zambia©
April 3, 2015 at 2:35 pm
kiki what was difference between your candidate and the upnd’s? you must be retarded and living in cuckoo land if you think you are comfortably in the lead come 2016.
pillar
April 3, 2015 at 2:39 pm
the difference between HH and one EDGAR LUNGU (president of republic of zambia) is that HH has been campaigning for so many years,but EDGAR LUNGU campaigned for 30 days and he his your presido
kelly
April 3, 2015 at 2:26 pm
leave nchito alone,very soon Edgar will b out of state house,this is de first tym Zambians have made mistake to elect a president without a vision
mbu mbu
April 3, 2015 at 10:18 pm
iwe chi pillar like or not HH is leading a very comfortable life.One that a fool like u can only dream of.The reason why he runs for presidency is to help stupid pipo lyk u.Foolish, stupid ,idiot!!