The State has now preferred six charges which include allegations of incompetence or inability to perform the functions of the DPP against Suspended Director of Public Prosecutions Mutembo Nchito.
In a letter by Tribunal secretary Mathews Zulu addressed to Mr Nchito, the charges have been formally itemized in accordance with instruction issued at the last sitting.
The letter copied to tribunal chairperson Justice Annel Silungwe and two other members, justices Ernest Sakala and Mathew Ngulube was served on Nchito and states “I wish to inform you that the Tribunal Secretariat is in receipt of allegations leveled against you from the Attorney-General’s Chambers,”
The particulars of the allegations are;
(a) in bad faith, in abuse of authority of his office and abuse of the process of the court, entering nolle prosequi in the following cases:
(i) The People vs. Rajan Mahtan and John, Peter Sangwa, (ii) The People versus vs. Hakainde Hichilema, (iii) The People vs. Lameck Phiri and
(iv) The People vs. Shubert Sinkala,” Zulu stated.
(b). In bad faith, in abuse of the authority of his office and in abuse of the process of the court, taking over the prosecution of the case before senior resident magistrate Lameck Mwale in which he was an accused person himself and immediately thereafter entering a nolle prosequi, thereby defeating the course of justice.
Among other charges Mutembo Nchito is facing include alleged defeat of the course of justice in a matter where he appealed against a ruling of Lusaka magistrate Kenneth Mulife.
“(c). In bad faith, in abuse of authority of his office and in abuse of the process of the court, purportedly appealed (Mutembo Nchito versus The People (HPA/08/2015) as an appellant himself against the ruling of Honourable Mulife of the Subordinate Court in a matter in which he was the accused person and directing the same appeal to himself as the respondent, thereby defeating the course of justice.
(d). On or about May, 2013, in bad faith, in abuse of the authority of his office and in abuse of the process of the court, taking over the prosecution of a contempt of court matter brought by a private citizen involving his known business allies Fred M’membe and Post Newspapers Limited without declaring a conflict of interest.
In the last charge, Mutembo is also accused of disrespecting judicial proceedings and Lusaka High Court justice Nigel Mutuna, by walking away from the court.
Last month, President Edgar Lungu suspended Mutembo for alleged misconduct and further appointed a tribunal to probe him as provided for under Article 58, (2) and (3) of the Constitution of Zambia.
But when the tribunal held its first sitting on April 1, Solicitor General Abraham Mwansa requested for an adjournment of the proceedings to allow President Edgar Lungu to amend the charges against Mutembo.
Tribunal chairman justice Silungwe granted the application after noting that the enquiry had procedural lapses which needed to be corrected before they could proceed.