Nchito seeks court permission to subpoena tribunal members
FORMER Director of Public Prosecution (DPP) Mutembo Nchito is seeking permission of the Constitutional Court to allow him subpoena members of the tribunal that recommended his removal.
Mr Nchito wants to subpoena retired justice Matthew Zulu, who was the secretary of the Mutembo Nchito investigative tribunal, Justice Ernest Sakala and former Chief Justice Mathew Ngulube to testify. In this matter Mr Nchito is challenging his removal from the office of DPP arguing that it was illegal and should therefore, be declared null and void. Mr Nchito indicated in his affidavit in support of ex-parte summons for leave to issue subpoenas to the three justices. He indicated that he would like Justice Zulu, as the then secretary of the tribunal to tender or produce before court among other things a letter from Lewis Nathan Advocates to the Drug Enforcement Commission (DEC) dated September 3, 2009. Mr Nchito stated that Mr Zulu will also be required to give evidence in relation to the documents produced and the petition before court. He said Mr Justice Sakala will be required to give evidence on his appointment to the investigative tribunal, his prior dealings with him (Mr Nchito) directly connected to the petition before court. Mr Nchito further said the three witnesses will be required to say what they know about the matter. “In any event, these witnesses will be required to testify to what they know about the matter before court,” Mr Nchito said. Earlier, the court had refused to entertain Mr Nchito’s subpoenas as they were issued to the witnesses without leave of court thereby rendering them irregular.