Judge Silungwe to appear before ConCourt to substantiate DPP Mutembo suspension
By Staff Reporter
MUTEMBO Nchito has asked the Constitutional Court to summon justice Annel Silungwe so that he substantiates the professional misconduct allegations that a tribunal chaired by the former Chief Justice used to recommend his removal as Director of Public Prosecutions last year.
But Solicitor General Abraham Mwansa has asked the Constitutional Court to set aside Mutembo’s application because it lacks merit.
This is a Constitutional Court matter in which Mutembo challenged the decision by the Silungwe-led tribunal to recommend for his suspension from office on account of professional misconduct.
He had argued in court papers that the tribunal sittings were unconstitutional, especially after President Edgar Lungu amended the Republican Constitution in 2016 whilst the tribunal was still in progress.
The matter came for a determination of merits before the Constitutional Court on Monday morning.
Mutembo, through his lawyers from Nchito & Nchito, wants judge Silungwe to justify the professional misconduct allegations levelled against him and found him guilty thus leading to his suspension as DPP.
Others that Mutembo wants subpoenaed in this matter are judges Mathew Zulu, who was secretary to the tribunal, and Charles Zulu, who also served as a support staff on the Silungwe-chaired tribunal.
According to the subpoena directed to Justice Silungwe and the two others, the trio would be respectively notified of the date when the matter would come up for hearing but that should they fail to abide by the judicial directive such an act would be deemed as disdain, which may result into committal to prison.
But in his rebuttal against the subpoena, Mwansa said Mutembo’s application was devoid of any merit.
However, the Constitutional Court judges ruled that Mwansa was not in order to make such an observation when the matter was coming up for determination of merits.
Mutembo, through his lawyers, said there was no way the state could oppose the subpoena directed at the three judges because there was a high level of bias exhibited by the Silungwe-led tribunal.
The Constitutional Court observed further that Mutembo’s matter must be given appropriate attention so as to find a proper relief for him and so that issues are put to rest within the confines of natural justice.
The matter was then adjourned to February 22, 2018 for determination of the reasonability of the merits.
