State to appeal in Nchito judicial review case


THE State has filed ex parte summons seeking permission to appeal to the Supreme Court against the High Court’s decision to allow suspended Director of Public Prosecutions (DPP) Mutembo Nchito to commence judicial review against the Annel Silungwe-led tribunal’s findings.
The Attorney-General’s chambers have advanced three grounds of appeal against High Court judge Mubanga Kondolo’s July 15 ruling to dismiss Attorney-General Likando Kalaluka’s application to discharge the leave granted to Mr Nchito to start judicial review.


Mr Justice Kondolo said in his ruling that the court will not be curtailing the investigative process of the tribunal by proceeding to hear the application for judicial review.
In March, President Lungu suspended Mr Nchito for alleged misconduct and acts of impropriety and appointed a tribunal consisting of three former chief justices to probe him.


According to documents filed in the Lusaka High Court sworn by Murah Kapamba, an assistant senior state advocate in the Attorney-General’s chambers, the State is dissatisfied with Mr Justice Kondolo’s ruling and wishes to appeal to the Supreme Court.
This is contained in an affidavit in support of ex parte summons for an order for leave to appeal to the Supreme Court and memorandum of appeal lodged in the High Court on Tuesday.


“The respondent herein being dissatisfied with the ruling intends to appeal to the Supreme Court against the whole ruling,” Ms Kapamba said.
She said the High Court erred in law and fact when he ruled that the mere act of subjecting tribunals to the process of judicial review would not result in curtailing its processes or investigative processes.
Ms Kapamba said Mr Justice Kondolo misdirected himself in law and fact when he held that the tribunal proceedings would not amount to interpreting Article 58 of the Constitution.



She said Mr Justice Kondolo erred in law and fact when he held that the judicial review proceedings can lie against an investigative tribunal.
Ms Kapamba said the State has a clear chance of succeeding on appeal in view of the proposed ground of appeal.
She said the application for an appeal will not cause any prejudice to Mr Nchito because it is made in good faith to further the delivery of justice.