By DELPHINE ZULU? –
THE Lusaka High Court has rejected an application to lift the suspension of Director of Public Prosecutions (DPP) Mutembo Nchito.
High Court Judge Mubanga Kondolo in his ruling yesterday further directed that the Tribunal sittings be stayed until after the hearing of the judicial review summons.
Mr Nchito was seeking leave to apply for judicial review and asked the court to stay both the Tribunal proceedings and his suspension.
“It is ordered that the applicant’s suspension from duty is not stayed, it is hereby ordered that inter-parte hearing shall be heard on June 11, this year,” Mr Justice Kondolo said.
Mr Justice Kondolo also allowed the applicant leave to apply for judicial review and directed that the application for the same be made by originating summons in his chambers with the hearing of the same to be expedited.
“It is further ordered that the decisions and proceedings of the Tribunal be stayed until after the hearing of the summons for judicial review herein or until further orders,” Mr Justice Kondolo said.
Mr Nchito had asked the court to quash the decision of the Annel Silungwe – led Tribunal to commence sittings and inquire into matters that are the subject of appeal in the High Court and Supreme Court respectively.
The applicant wants the court to restrain the Tribunal from treating him in a manner that is illegal, procedurally improper and irrational and asked the court to order Attorney General Likando Kalaluka to pay him damages for misfeasance.
Mr Nchito contended that he was suspended on March 10, this year by President Edgar Lungu who appointed a Tribunal to probe him on allegations that were largely similar to those instituted by former deputy Finance minister Newton Ng’uni.
Mr Justice Kondolo has since ordered that inter-parte hearing be heard on June 11 this year.