The Lusaka Magistrate Court this morning referred to the High Court for constitutional determination if Director of Public Prosecution (DPP), Mutembo Nchito can presecute his business partner Fred Mmembe.
When the matter came up for ruling this morning before Magistrate Mwaka Mikalile, he ruled that former president Rupiah Banda’s lawyers had merit in arguing that Mutembo Nchito cannot probably not prosecute his business partner and friend Fred Mmembe hence the need for High Court determination.
This is a case where former president Rupiah Banda sued Fred Mmembe for criminal defamation, but when the matter came up in court, his friend Mutembo Nchito wanted to take-over the case from Banda’s lawyers by arguing that he has powers to prosecute anybody on behalf of the state.
Mmembe, through his Post newspaper, has been writing disparaging and defamatory articles against the former president, knowing that when sued, the DPP would take up the case and later enter a nolle proseque in his favour.
Fred Mmembe himself, looking confused among criminals from Chimbokaila, was in the dock and was surprised with the ruling that the magistrate could not allow his friend to prosecute him.