Mutembo drops subpoena against two former Chief Justices
By Staff Reporter
FORMER Director of Public Prosecutions Mutembo Nchito has withdrawn his application to subpoena two former Chief Justices to testify in a petition in which he wants the Constitutional Court to determine whether his removal from office using Article 144 of Act no. 2 of 2016 was legal.
Mutembo also wants the court to determine whether he is entitled to the report of the Tribunal that was instituted to investigate him and recommended his removal.
When the matter came up before judges Mungeni Mulenga, Enock Mulembe, Palan Mulonda, Professor Margaret Munalula and Martin Musaluke, the court informed the parties that the matter was coming up for hearing of the petition in line with a ruling that was made on April 18 2019 where certain reliefs that Mutembo was seeking were expunged.
Mutembo told the court that in September 2018, he filed a motion to subpoena two former Chief Justices Mathew Ngulube and Ernest Sakala and also Mathew Zulu who was the secretary for the tribunal as witnesses.
He said upon reflection, it was his conclusion that he would not be requiring subpoenas in relation to Justices Ngulube and Sakala.
Mutembo said it was however, still his position and motion that Zulu, who is now High Court judge, be summoned for the matter to be tried.
He prayed for the indulgence of the court to subpoena judge Zulu to enable him prosecute his petition.
Mutembo wants judge Zulu to be summoned to tender for production before the court correspondence, documentation and exhibits produced before the tribunal.
The items he wants include but not limited to the following; letter from Lewis
Mosho Advocates to Drug Enforcement Commission dated September 3,
2009- Shoprite Holdings Share Sale proceeds, letter from DEC to Mr M.
Nchito SC dated March 9, 2012- summons to accused- Shubert Sinkala; letter from Mulenga Mundashi to DEC dated September 21, 2011- Shoprite Holdings and Lewis Nathan Advocates preliminary matters.
Others are letter from Lewis Nathan Advocates to Law Association of
Zambia president dated February 4, 2012 –complaint against conduct of Mr Lottie Mpundu –deputy DEC commissioner, letter from Lewis Nathan Advocates to DEC dated October 21, 2012-notice of assassination
attempt, ex parte order granting leave to commence judicial review dated February 12, 2015-M Nchito v Magistrate in Chongwe-2015-2015/HP/192.
Mutembo further wants judge Zulu to give evidence in relation to documents produced and the petition.
The court has reserved ruling on whether to subpoena judge Zulu or not to a day before hearing of the petition on July 23.
And Solicitor General Abraham Mwansa submitted that in as much as the State was alive to the fact that it was Mutembo’s case and he has the right to prosecute his matter in the manner he wishes, the two reliefs he is seeking hinge on the interpretation of constitutional provisions particularly Articles 144 of Act no. 2 of 2016 and Article 58 of the Constitution before amendment.
“We form an opinion that witnesses may not necessarily be in contention on substantially legal matters,” said Mwansa.
