DPP Mutembo Nchito has entered a nolle proseque for himself. A nolle proseque is power exercised by the DPP to stop any criminal matter in court at any time and he is not obliged to give reasons. In this case, the accused person is the DPP himself.
Appearing before Lusaka Magistrate Lameck Mwale, Mr. Mutembo Nchito said in powers vested in him in article 56 of the Zambian constitution, he has power to take over any criminal matter and discontinue it. He said it was for this reason that he was entering Nolle.
Mr. Nchito who entered the Nolle Prosequi from the accused dock was earlier represented by his brother Nchima who applied to the court that Mutembo could not take plea because there were constitution matters the defense wanted to raise.
Makebi Zulu one of the lawyers for Newton Nguni who is the complainant in this case argued that there was no way the defense could stop Mutembo Nchito from taking plea because the constitution issues were not yet raised. He said article 28/2 of the constitution said constitution issues can be raised at any stage in the matter.
Keith Mweemba also argued that on charges that did not need the consent of the DPP, Mutembo Nchito should take plea. Another Prosecution lawyer Gilbert Phiri said since Mutembo Nchito had been summoned to court by the court itself, provision of section 204 of the criminal procedure code kicks in that demand that someone takes plea to plead guilty or not guilty.
In his ruling Magistrate Mwale ruled that Nchito takes plea in the charges that did not the DPP’s consent and set aside two that needed the DPP’s consent.
It was after this ruling that Nchima Nchito told Magistrate Mwale that his client wanted to address the court because him and other lawyers had stopped representing the DPP.
This surprised Magistrate Mwale but he allowed Mutembo Nchito to address the court.
Mutembo then said he was the DPP who was allowed to take over any criminal matter. He then said he entered a Nolle.
The Prosecution argued that Nchito was in court as Mutembo Nchito not DPP.
The Magistrate has set March 2,2015 as the date of ruling whether to accept the Nolle or not.