THROW OUT MUTEMBO NCHITO APPLICATION- COURT URGED
By CHINTU MALAMBO THE state has requested the Constitutional Court to declare that it had no jurisdiction to hear former Director of Public Prosecution (DPP) Mutembo Nchito’s reliefs in a matter in which he is challenging his dismissal as DPP.
This was after the court raised a preliminary issue as to whether reliefs sought by Mr Nchito where properly before the Constitutional Court.
In response, Solicitor General, Abraham Mwamba on behalf of the state said the matter was not properly before court.
Mr Mwamba said some of the reliefs sought in Mr Nchito’s petition cannot be by way of petition but Judicial Review.
“To answer this courts question, we are inclined to submit that the court has no jurisdiction to entertain the reliefs sought by Mr Nchito. We do not agree that the reliefs sought can be addressed in a petition.
“The appropriate way judicial review proceedings ought to be instituted in this court to in order to address the reliefs in issue,” Mr Mwamba submitted.
Mr Mwamba indicated that while it was correct that the court may grant declarations sought, it was not in doubt that Mr Nchito’s pleadings go to the root of challenging the decision making process leading to his removal as DPP, which challenges could only be substantiated by way of Judicial Review.
This is in a matter in which Mr Nchito petitioned his expulsion alleging that there had never been an investigation against him before the Judicial Complaints Commission pursuant to Article 144 of the Constitution.
Some of the reliefs sought by Mr Nchito were that the report of the Anel Silungwe led tribunal be declared null and void on account of the uncontroverted evidence of bias and conflict of interest on the part of justices Ernest Sakala and Mathew Ngulube.
Further that it was unreasonable for the tribunal to find him liable of having walked out of Justice Mutuna’s court, when in fact he sought leave which was granted by the judge and the tribunal heard evidence which rendered the judge’s conduct of the matter a nullity.
Also that it was unconstitutional and unreasonable for the tribunal to recommend his removal as DPP for entering a Nolle Prosequi when under the constitution, the power of the DPP to enter a Nolle Prosequi cannot be questioned.
He is also seeking a declaration that the report of the tribunal be declared null and void.