SUSPENDED Director of Public Prosecutions Mutembo Nchito, SC, has opted to represent himself at the tribunal set up to probe his alleged misconduct and abuse of authority of office.
And the Annel Silungwe Tribunal has commenced sittings after a day of adjournment to allow Mr Nchito to find alternative legal representation after his lawyers, led by his brother Nchima, walked out on him on Monday.
Sources close to the proceedings disclosed to the Daily Nation that Mr Nchito opted to represent himself after the tribunal decided to proceed without further delay in discharging its mandate.
Meanwhile, the tribunal has not been affected by Mr Nchito’s Constitutional Court petition and High Court application for judicial review as their mandate was at the directive of the Supreme Court.
The tribunal, set up last year by President Edgar Lungu to probe the suspended DPP’s alleged misconduct and abuse of authority of office, had its sittings delayed by a court order until the Supreme Court ruled that it proceeds on its mandate to recommend to the courts its findings in its investigations.
Mr Nchito had applied to court for the disbanding of the tribunal set up to probe him, but the Supreme Court disagreed with him.
In his petition to the Constitutional Court, Mr Nchito charged that the newly amended Constitution Act no. 2 of 2016 had nullified the existence of the tribunal set up under the old law.
He said according to Part 13 of the new Constitution, the tribunal was now defunct under the new law.
Mr Nchito charged that the constitutional backing on which the tribunal stood were of no legal effect as the law was repealed and replaced by a new constitutional process.
But according to the amended Constitution Act no. 1 (16) the new law has properly allowed for the legal transition of all court proceedings which remain liable under the old law until after disposal of the cases. 18 parastatals