ByDELPHINE ZULU –
DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito has decided to discontinue criminal offences brought against him by entering a nolle prosequi in the matter.

• DIRECTOR of Public Prosecutions (DPP) Mutembo Nchito (right) and his brother Nchima leave the Lusaka Magistrate Court complex in Lusaka yesterday. Picture by CLEVER ZULU

Mr Nchito cited unprecedented nature of the case, as a reason for entering the nolle.
But Senior Resident Magistrate Lameck Mwale has reserved ruling on whether to agree with the DPP’s application or not, in order to study the matter further.
Mr Mwale said it is the first time a DPP was appearing as an accused person and decided to prosecute himself and enters a nolle prosequi in his own case.
“I don’t know if I can agree with you or not to enter a nolle prosequi now, because this has never happened, you appeared on summons as an accused person and in the process decide to exercise the powers vested in you to enter a nolle prosequi against your own case, let me study this further,” Mr Mwale said.
Mr Nchito, who was represented by his elder brother Nchima and two others, applied to prosecute himself and decided to discontinue all the nine counts after the Magistrate dropped two offences of abuse of authority of office as they required consent from his office.
Mr Mwale then ordered that the matter proceed so that he could plea in respect of the nine counts which did not require consent from his office.
“This matter has raised a lot of interest and it is unprecedented that a DPP is treated as a common criminal. Where is the protection of Constitutional office including that of a judge, in exercising powers vested, I am forced to represent myself and hope the due process of the law will help.
“I humbly pray as Iam entitled by the law that I as DPP decides to enter a nolle prosequi, I do not need to explain because my being accused does not undress me of my powers, in fact the complainant has been helpless because he did not help, let those aggrieved report me to the police for investigations, if found wanting then I can be arrested and tried,” Mr Nchito said.
Mr Nchito 46, of 488 A Twin Palm Kabulonga questioned why the matter had been rushed from the beginning, where a bench warrant for him was issued by a magistrate outside his jurisdiction and now persuading the court for him to take plea, adding that he is entitled to be heard by the court.
Earlier, the matter was stood down for an hour waiting for the outcome of the ruling by the DPP where he appealed against another magistrate’s decision to stay the proceedings, but High Court Judge Getrude Chawatama denied to grant the stay.
Defence lawyers, Keith Mweemba, Gilbert Phiri and Makebi Zulu objected to the DPP’s application on grounds that he could not prosecute his own case and reminded him that he was appearing as an accused and not as DPP.
The matter has since been adjourned to March 2 this year for ruling.