DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito must not continue abusing his authority of office but should start acting above board and enter a nolle prosequi in respect of Daily Nation proprietor Richard Sakala and his co-accused in the same manner he has done with UPND leader Hakainde Hichilema, Lusaka lawyer Kelvin Bwalya Fube has advised.
Mr Fube, of KBF Advocates, said Mr Sakala, his production editor Simon Mwanza and Foundation for Democratic Process (FODEP) executive director MacDonald Chipenzi, should be the first citizens to benefit from Lusaka High Court Judge-in-Charge Isaac Chali’s ruling to invalidate and expunge Section 67 of the Penal Code because it was inconsistent with Article 20 of the Constitution.
Mr Fube said the DPP should discontinue Mr Sakala’s case if he was to be seen to be above board and treating all cases the same because both Mr Sakala and his co-accused and Mr Hichilema were arrested and charged under the same law that had since been declared invalid by the High Court.
He advised that if the DPP was not going to discontinue Mr Sakala’s case for which the UPND leader had been reprieved, the Daily Nation proprietor had the right to write to Mr Nchito to challenge his decision to continue prosecuting him on the basis that the DPP had become deeply conflicted.
He said although the DPP had powers to discontinue cases using his discretion, he should not use his office to persecute his perceived opponents.
“It is my considered view and opinion that the first beneficiaries of High Court Judge Isaac Chali’s ruling to invalidate and expunge Section 67 from the statutes are supposed to be Mr Sakala, Mr Mwanza and Mr Chipenzi who had challenged that archaic law in the High Court. Mr Hichilema has benefited from Mr Sakala’s efforts to have Section 67 invalidated and the DPP would be buying back a bit of his credibility by entering a nolle prosequi in favour of Mr Sakala and his co-accused. Mr Hichilema and Mr Sakala were arrested under the same law and the only logical action would be to discontinue their cases at the same time,” Mr Fube said.
He said if Mr Nchito believed in being obedient to laws, he should be able to respect the decision by Judge Chali to expunge Section 67 from the statutes as the ruling by precedence had become law.
He stated that Zambians could easily see through Mr Nchito’s decision and unless Mr Sakala was treated in the same manner the UPND leader had been treated, the continued prosecution of the Daily Nation proprietor would be seen to be nothing but persecution.
Mr Fube advised Mr Nchito to avoid falling into the temptation of using the office of the DPP to settle imaginary scores and ensure that he exercised his authority with fairness and without being selective.
He said Mr Nchito had no option but to ensure that he was fair in his actions despite what he was going through adding that Mr Sakala was not responsible for the challenges the DPP was facing in his professional career.
Mr Nchito on Friday decided to continue prosecuting, Richard Sakala on a matter on which he has entered a nolle prosequi in respect of Mr Hichilema.
On Friday, the National Prosecution Authority in a statement said following Lusaka High Court Judge in-Charge Chali’s ruling that Section 67 of the Penal Code lacked consistency with the Constitution and that the law was invalid, it had become necessary to discontinue the proceedings against Mr Hichilema.
Mr Nchito however said after consultation, Attorney General Abraham Mwansa had directed that the ruling of the High Court in which Section 67 was declared invalid and expunged from the statutes in the case of Mr Richard Sakala, MacDonald Chipenzi and Simon Mwanza should be appealed against.
The Rainbow party when it forms Government will make sure mediocrity and abuse of the Justice system is a thing of the past
Vote the Rainbow for a new start and for a team of well known people that were trusted tested and tasted by Mr Sata
Thanks
BB2014
Precedence was set for a small nyau dancer ,so it must apply on all other cases.
Rainbow Party has no future in modern politics because all it is recruiting are members from pf and mostly those with issues at hand.
Its like a party formed out of defeat. It is the same Kabimba who was making pf very unpopular even in the eyes of, not only pf members, but the citizenly.
Sata formed pf from the scratch with Guy Scott and had a message but Kabimba has no message.
Why is Nchito allowed to work? Whatever prosecution he will do will not be respected.
The all judicial system is now broken in Zambia. Just shut down all courts.
Here comes drama. Playing tit for tat using the Judicial System will take away all confidence and respect that people have for it. These are educated people who should understand that especially that they are lawyers.
Kelvin fulwe must not be so bitter.this is not the first time Nchito has entered nolle for hh. I have known this guy as Rupiah’s chola boy.
NOW THEN ONE LUCIFER NEVERS MUMBA GOING TO BRAZIL AS AMBASSADOR THERE ,
RB AT WORK AND ONE KOLOKOMBWA SAYS RB AND NEVERS WANT TO WORK WITH HIM REALLY ??????
ONLY KWINDIZ AND KAPANGAZ MBEBAZ FROM EASTERN WILL BELIEVE THIS KOLOKOMBWA BOTTOM LINE IS
RB IS THE PRESIDENT AND GUYS FROM LUAPULA AND NORTHERN NOW MWAMONA BA NEVERS BUPUBA BWABO, FOR THE LOVE OF MONEY RB WITH BOKO HARAM MONEY AND WANTING TO BE A SUPREME LEADER BEEN SENT TO BRAZIL SO THT HE TKES FULL CONTROL .
PF PF BRACE FOR RBS SELFISH LEADERSHIP MWALINGILILWA AND IF YOU WANT SANITY CHASE HIM AND LUNGU AND CHIEF MPEZENI
Let the news about PASTOR Mumba accepting an Ambassadorial position in South America be untrue. One can abandon the flock once, but three times is unforgivable sin. It has been of termed an obsession.
@ Chaona
Can you please clarify what is the current message from PF?
Mushota, kabimba was fired by Sata
But how can this be the case? Kabimba has been arrogant and rude throughout his short political career. How can he change over night? He is just a rude person and has no place in a civilized polical nation.
This story makes one wonder whether it is right that Mr Nchito should actively discharging the duties of his office while he is under the threat of prosecution himself. How can this man discharge his duties without influence from his own experiences or motivation to settle scores? As they say in Bemba, is it time for `ukufilila munsenga’? I urge the powers that be to suspend him and then thoroughly and expediently investigate his issues. We cannot have a situation where people begin to suspect decisions to be made based on positioning and correcting malpractices. I would also urge Mutembo Nchito to not act in response to short term threats or interests but to do what is professionally and morally right. In your position, I would resign because my authority has been undermined.
Authority undermined by WHO? Politician or poverty stricken and simple puppets like Nguni????? Nchito is saying…..investigate and let there be a charge sheet and then take me to court for the cases that have been established. Is this difficulty to understand that procedure has to be followed???
Ways must be found to remove this man before he brings the system in total disrepute. He doesn’t own Zambia. Get rid of him!
Just removing Nchito like 1, 2, 3……? No pleases! Establish the cases through the police and if there is any case to answer, Nchito MUST be brought to court. Not just because you do not like Nchito and therefore he has to go??????? Procedure, procedure…procedure people has to be followed!!!!Who is defending Nchito’s activities? No one but he is not above the law and he is not below the law either. Fair and free application of the constitution is the way to go.
And who r u 2 tell him dat?
You dictators, leave the DPP alone. Mutembo Nchito should be allowed to do his work freely.
Rupiah Banda and his son Edgar Lungu will sweat blood after loosing the 2016 elections.
We shall see if Mugabe will save you fouls.
The lawyers have satanic mentality all the time. Why do you mention HH in your presentation instead of concentrating on your cases. You can not this one is supposed to be the first one to benefit because of blah blah. You appear not to be happy with HH’s case being discontinued. That is why I say you lawyers have satanic mentality, you can not wish someone something good and not the other one.
Mutembo is only doing his job. He is a lawyer, he understands law better than you guys who are just yapping. Sakala’s case is different from HH’s, so the DPP knows what he is doing. That Fube of a lawyer is just disgruntled. Rupiah and his friends will see when they lose in 2016.
Mu tembo, is a great lawyer, who understands, the law, he is just doing his job. Your Voldkar, for forgot the law, through the drink.
The truth will always set you free HH.This political arrests and victimisation only makes us in UPND to have our resolve to change Government in 2016.Why are they so scared of you if you are a loser as they put?Can some one tell me if there is any political party still strong like UPND in Zambia?If the answer is no then ask your selves why?The rest is for you guess what will happen in few months time in 2016.
I thought you were so sure of changing govt on 20 Jan 2015! What happened? What makes you so sure that you will manage in 2016?
Wishful thinking not so? Wake up from your gankata hangover and face realities!
UP N Down supporters ar Foo.ls owez un necesary coment u belong to wachdog y ar u ditchin u famous online go liv us at peace I.diots
@ kelvin
at least ZWD was against DPP for past three years whilst you and other members of ruling “intelligentsia” saw savoir in Nchito.
Now, he is not more your smart and incorruptible savoir?
What happened? As there is now alliance between past and present plunderers, Nchito must become foul guy in order to ratify such alliance?
let the law take it’s course. Don’t politicize court issues, but remember ifintu ni E.C.Lungu.
It will be a fallacy for a tribalistic and regionalitic element such hh to win an election it much easier for comel to pass through the eye of the neddle
Sakala cannot plead for a nolle. Nolles are dished out by the DHL at his some pleasure. Isn’t Tricky Dick Sakala the crook who stole that video editing kit? Is he afraid to go back to his cell at Chimbokaila where he belongs?
Meant DPP, not DHL.
The DPP sort advise from the Attorney General in both cases that Fube is talking about.The DPP did this because both cases are political,he was not suppose to consult in the first place.After receiving the advise from the AG,the DPP acted accordingly.Why is Fube condeming the DPP instead of the AG?
Is this not closer to an offence. Commenting on cases before the courts of law. Anyway, these days, all you need in whatever professional is to buy a PF regalia make some comments on anything even against the law and you will get away from it as long as you are in PF camp.
Is this not closer to an offence. Commenting on cases before the courts of law. Anyway, these days, all you need in whatever professional is to buy a PF regalia make some comments on anything even against the law and you will get away with it as long as you are in PF camp.
I ask you all to go onto you tube and watch/listen to Patrick Lumumba s speeches especially on corruption in African countries. Could we all arm ourselves with what you will get from there. To me he is in the same class as ask kwane Nkrumah. Him and Thabo Mbeki need to be up there with the greatest African leaders
Mtembo has been a great lawyer, and mind you he’s not stupid as you think!! Leave him alone!! why didn’t you stop Lungu from contesting when all he was doing wrongs? Why did you provoke him!! This was Banda-Lungu’s plans! who doesn’t know their works?? Now you have started un stoppable fire!! Musakulwa nansezhi makwapa!! Viva mtembo
The sad thing that can happen to any nation is when the justice system is called into question, especially when the officers, bearers of the law are seen, known or suspected to be compromised. When confidence is lost in the system of appeal, frustration sets in and anarchy becomes the “Way,” governance becomes seriously incapacitated. The Nchito situation needs to be arrested. Out of Moral obligation and the pursuit of the Good of all, the President must act! A tribunal will exonerate Nchito if indeed he is not guilty or indict him if he is found with fault. That is how the system we have all ascribed to works. Otherwise there will be a guy using Nolles to fight some and get equal with others. The result is a horrible circus! The president should restore confidence in the system.
Totally agree with Lundu. President Lungu needs to act now, or else he will be drawn into the mud himself, due to his inaction. This is pathetic to say the least. Lawyers are well educated people but I am not sure how many are civilized. I can’t say more, I am too upset. This Nchito does not own Zambia, we are all part of it.
It is already to late. HE the President refused to exercise his constitutional prerogative and instead sat on the Chongwe Magistrate fence.
You are annoyed with yourself for nothing. This is an easy case……..just allow the police to investigate the alleged cases that involve Nchito and if the police will find something to take to court, then there shall be a charge sheet as a basis for taking the case to court. Mutembo is not above the law and he is also not below the law. This is a straight forward issue. If EL will not take responsibility over this case nothing will happen. Mutembo holds a constitutional office and to remove him just like that will be beyond anyone’s common sense.
This Fube Fube or rather fog should shut his mouth. He has so much hatred for Mutembo. We are tired of the fog. Which law is he going to use to write to the DPP about the nolle. Is there anything in the law which says one must write the DPP or it is the DPP who decides?
Dear Lusaka time, how was my earlier comment not applicable?