…says he cited wrong law in his pe­ti­tion

Daily Nation Newspaper - - HOME NEWS - By NA­TION RE­PORTER

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.

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