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Chief Justice Irene Mambilima will today swear- in the four-member tribunal appointed by President Edgar Lungu to probe suspended Director of Public Prosecutions (DPP) Mutembo Nchito for alleged misconduct.
This is according to a Press Release made available ZANIS by the Tribunal Secretary Mathew Zulu March 15th.
The Tribunal will be chaired by retired Chief Justice Anil Silungwe. The other members of the Tribunal are retired Chief Justices Matthew Ngulube and Ernest Sakala.
President Lungu appointed the Tribunal on 10th March pursuant to Article 58(2) and (3) of the Republican Constitution.
President Lungu has set eight terms of reference for the tribunal to help establish facts and propose recommendations besides investigating Mr Nchito’s alleged misconduct.
Among the eight terms of reference is for the tribunal to investigate and establish how Mr Nchito took over a matter he was an accused person in and discontinued it by entering his own nolle prosequi therefore defeating the course of justice
In this matter before Senior Resident Magistrate Lameck Mwale last month, Mr Nchito was accused of criminality.
The President has also tasked the tribunal to investigate allegations that Mr Nchito repeatedly abused the authority of his office by indiscriminately entering a nolle prosequi in cases in which he allegedly had an interest of his own to serve.
The cases include ; the People versus Shubert Sinkala where the DPP had not even seen the evidence from the complainant, the People versus Hakainde Hichilema; despite the DPP knowing that the Attorney General had advised him (DPP) that the State had appealed the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional.
Other cases are the People versus Lameck Phiri and the People versus Finance Bank owner Rajan Mahtani and lawyer John Sangwa.
President Lungu also said that the tribunal should investigate Mr Nchito’s alleged uttering of a false document procured by means of false and fraudulent representation to Supreme Court Judge Gregory Phiri.
Mr Nchito will also be investigated for conniving with and instigating officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Brebner Changala and Agness Kawandami where the DEC swapped vermox tablets used for de-worming human beings that were found on Ms Kawandami’s belongings at Mr Changala’s residence with methamphetamine.
Another term of reference is that the DPP should be investigated for purportedly taking over the prosecution of Mr Fred M’membe and the Post Newspaper without declaring a conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court.
Upon conclusion of findings, the tribunal should recommend to President Lungu whether the DPP ought to be removed from office based on the allegations.
