EMBATLED Director of Public Prosecutions (DPP) Mutembo Nchito will today know his fate as to whether he will be allowed to prosecute his business partner Fred M’membe who has been sued for contempt by former President Rupiah Banda who rejected his (Nchito) manoeuvres to take over the matter.
Mr Nchito is also back in the dock in the matter in which he entered a nolle prosequi in respect of himself on an array of offences including forgery and fraud.
While the High Court will be determining whether Mr Nchito could prosecute Mr M’membe who is in court for defaming and slandering Mr Banda, Magistrate Lameck Mwale will be delivering a ruling on Mr Nchito’s self nolle prosequi,
Mr Banda took the matter to the High Court for determination of constitutional issues in the criminal matters in which the former head of State was facing including Mr Nchito who has been said to be deeply conflicted to continue prosecuting the former head of state
Mr Banda on April 25, 2014 put down 19 criminal contempt charges against Mr M’membe whom the former president accused of slandering and convicting with his allies through his editorials.
In his complaint submitted to the court, Mr Banda says Mr M’membe together with his newspaper, the Post had been charged with contempt for writing defamatory and contemptuous editorials in total disregard of court proceedings which the former head of State firmly believes was meant to influence the court process.
If the outcome of the High Court goes in the favour of Mr Banda, he will not be tried by Mr Nchito anymore in the cases he was facing in courts of law.
And after more than a week of researching and brainstorming, Lusaka Magistrate Lameck Mwale is today expect to deliver a landmark ruling on whether Mr Nchito was in order to enter a nolle prosequi in his favour while in the dock, as the accused person.
Zambians will be waiting for what would be a landmark ruling which would redefining in Zambia’s judicial system after Mr Nchito was dragged to court on an number of charges and shocked Zambians and the judicial system when he entered a nolle prosequi in his own favour.
“I do not agree with you. This is novel. With due respect to your constitutional powers and without taking them away from you, you cannot be a judge in your own case,” Magistrate Mwale said.
Outside the courtroom, analysts have questioned Mr Nchito’s motive for entering nolle prosequi in the matter he is the accused, and they described such as action as the waste form of abuse of authority.
They have vehemently called for immediate removal of Mr Nchito from his office, or if the waste comes to the waste, the tribunal should be appointed to probe the allegations Mr Nchito was facing.
Mr Nchito has been accused of several offences including forging of court documents and obtaining a bank loan by fraudulent misrepresentation.