Mutembo Nchito
The Supreme Court has dismissed the application by suspended Director of Public Prosecutions Mutembo Nchito to stop the tribunal instituted to investigate his alleged professional misconduct.
This is in a case in which Nchito had obtained a stay to stop the Tribunal constituted to investigate his wrongdoing by High Court Judge Mubanga Kondolo after he granted him leave to apply for judicial review.
Delivering the ruling Chief Justice Ireen Mambilima said the High Court Judge had erred in stopping the tribunal proceedings.
And Attorney General Likando Kalaluka in the arguments to discharge the order granting leave to apply for judicial review by Mutembo Nchito, said an injunction obtained by the applicant was against the President of the Republic of Zambia.
The State also argued that the leave granted to the applicant should be set aside to pave way for the Tribunal to carry out its mandate as Nchito had failed and neglected to substantiate the allegations of biasness.
In march last year, President Edgar Lungu suspended Nchito and appointed a tribunal to enquire into his alleged professional misconduct.
Under article 57 of the Constitution of Zambia, the Head of State then appointed Lillian Shawa Siyuni to discharge the functions and powers of the DPP pending the outcome of the tribunal.
The tribunal is now set to resume sitting.