The Supreme Court, whose judges are appointed by the president, has ruled that the tribunal constituted to probe the alleged misconduct against suspended Director of Public Prosecutions (DPP) Mutembo Nchito, should go ahead.
The decision follows the court’s dismissal of the judicial review and stay that was granted by the High Court to Mr. Nchito.
This is in a case in which Nchito had obtained a stay to stop the tribunal from investigating him pending a judicial review.
But Ireen Mambilima who was recently made chief Justice by outgoing president Edgar Lungu ruled that the High Court should not have entertained Mr. Nchito’ s application for judicial review in the matter.
Justice Mambilima ruled that the High Court erred and misdirected itself when it ruled in favour of Mr Nchito.
PF Attorney General Likando Kalaluka earlier argued that the injunction obtained by the applicant was against the President of the Republic of Zambia, and therefore not tenable.
Kalaluka also argued that the leave granted to Nchito should be set aside to pave way for the Tribunal to carry out its mandate alleging that Nchito had failed and neglected to substantiate the allegations levelled against him.
In March 2015, outgoing President Edgar Lungu suspended Nchito and appointed a tribunal to enquire into his alleged professional misconduct. The truth is that Lungu just wanted to appoint his own puppet as DPP just like he has done to the office of Attorney- General and all constitutional offices.
The Supreme Court’s decision means that the tribunal is now set to resume its sittings.