CONCOURT TRASHES MUTEMBO NCHITO’S APPLICATION

…says he cited wrong law in his petition

THE Constitutional Court has thrown out an application by disgraced former Director of Public Prosecution (DPP) Mutembo Nchito for citing the wrong law in his attempt to have a critic, Chanoda Ngwira prosecuted for contempt of court. The court ruled that Mr Nchito cited the wrong law in applying to commence contempt of court proceedings against Mr Ngwira pursuant to order 52 rule 2 of the Supreme Court, but Constitutional Court Judge Enock Mulembe in his ruling, rejected his application for being irregular. Judge Mulembe ruled that Mr Nchito premised his application on the wrong provision which rendered the application irregular and that the application was accordingly dismissed for irregularity. “In my considered view, order 52 rule 2 requires that before an application to a divisional court for an order of committal for contempt can be made, leave of court must be granted. “It follows therefore, that order 52 rule 2 is not the correct provision to invoke before this court. The petitioner has premised his application on the wrong provision and thus renders the application irregular, “The application is accordingly dismissed for threats on ZNBC main news and even gave an interview repeating those threats. “The contemnor has gone so far as to publicise the acknowledgment of receipt from the chambers of judges of this court and others. “The treats by the alleged contemnor were replayed in the ZNBC news at 19:00 on October 29, 2018 including an interview which also repeats the threats. Mr Nchito said if the deliberate disrespect for processes of the court by the alleged contemnor went without sanction, it threatened to diminish the dignity of the court. In the main matter, Mr Nchito sued the state citing Attorney General Likando Kalaluka, arguing that his removal from the office of the DPP was illegal and should, therefore, be declared null and void. He has since called witnesses to aid his case.