MUTEMBO Nchito, the suspended Director of Public Prosecution (DPP) has now filed two applications in court in a desperate bid to block and stop the tribunal which is currently sitting and probing him for incompetence and abuse of authority of office.
On Tuesday, Mr. Nchito petitioned the yet-to-be established constitutional court to block the proceedings of the tribunal claiming its sittings had been rendered illegal after the amendment of the constitution which President Edgar Lungu signed on January 5, 2016.
All this was done inspite of the Supreme Court ruling that threw out the previous interlocutory judicial review application in which he objected to the proceedings and composition of the tribunal.
The previous application delayed the tribunal for many months until the Supreme Court came up with the ruling in which it quashed the application.
On Tuesday, he filed a High Court application for judicial review to set aside the decision of the Supreme Court and quash the proceedings of the tribunal established to probe him because it was illegal as it its mandate was not provided for under the new constitution.
He has argued that the amended constitution provides for new procedures on the removal of the DPP to which he should be subjected now that the law is in effect.
However, Article 16 (1) of the new Constitution states that unless otherwise provided under the Constitution as amended, proceedings pending before court or tribunal shall continue to be heard and determined by the same court or tribunal or may be transferred to a corresponding court or tribunal established under the Constitution as amended.
Further, Article 16 (2) states that unless otherwise provided under the Constitution as amended, a matter or proceeding that, immediately before the effective date, is pending before a commission, office or authority shall continue before the same commission, office or authority or corresponding commission, office or authority established under the new Constitution as amended.
Mr Nchito described the tribunal as illegal and irrational as it had no jurisdiction to sit under the newly amended Constitution.
“If leave to apply is granted, a direction should operate as a stay of the decisions to which this application relates pursuant to Rule 3 (10) (a) of Order 53 of the Rules of the Supreme Court,” Mr Nchito said.
He has applied to the High Court for an order for the quashing of the decisions of the tribunal for being irrational and illegal.
Mr Nchito charged that if not prohibited, the alleged defunct tribunal would be operating under the supervision of a Constitution which no longer provided for its existence.
He has since requested the courts for a hearing of the application before the judge which he said once granted would be expedited in view of the matter at hand.
The application follows the commencement of sittings by the tribunal to probe the suspended DPP which began on Tuesday February 23, 2016.