Former DPP Mutembo wants his job back

Prosecution (DPP) Mutembo Nchito wants the Constitutional Court to allow the judges who recommended his dismissal to appear before the court. Mr Nchito said he was deprived of the report of the investigative tribunal that led to his removal and that he was denied the opportunity to call witnesses to aid his case. “The subpoenas in question were issued after a duly filed matter` was dealt with by the court. There is no prejudice to be suffered by the State regarding the subpoenas that have been issued to aid me who has been denied his right to view the report, “It is only the petitioner who stands to suffer if he is not allowed to call the witnesses he requires,” Mr Nchito said. Earlier, Mr Nchito had subpoenaed retired Chief Justice Annel Silungwe, chairperson, retired Chief Justice Matthew Ngulube as the secretary and Justice Charles Zulu who was vice-secretary of the tribunal which recommended for his dismissal. He accused former Chief Justices Matthew Ngulube and Ernest Sakala of having embarrassing conflicts of interest and biases in the matter in which they did not declared to the parties but chose to continue. But In an affidavit in support of summons to set aside the subpoenas, Solicitor General Abraham Mwansa said the subpoenas should not be allowed as they were issued without leave of the court. Mr Mwansa argued that the Constitutional Court did not provide procedure of how a witness ought to be subpoenaed but that order 1 rule 2 of the Constitutional Court referred to the rules of the Supreme Court for practice and procedure.