.NCHITO

By DELPHINE ZULU –

SUSPENDED Director of Public Prosecution (DPP) Mutembo Nchito has told the Court that his Judicial Review case before the High Court is not seeking to curtail the Tribunal sitting.
In an affidavit in opposition of the State to block his stay, Mr Nchito submitted that his decision to seek judicial review was merely aimed at ensuring that there is fair procedure.
“That this case is not seeking to curtail the Tribunal proceedings but merely to ensure they are procedurally fair,” he submitted.
He said President Edgar Lungu has publicly stated that the Tribunal was set up as a result of accusations made against him by members of public and had nothing to do with him hence his insistence to hold the sittings in public.
Mr Nchito said to suggest that the Tribunal relating to Constitutional Office holders are not amenable to judicial reviews is not only absurd but has no legal backing.
He contended that it was irrational to hold that, retired Justices Matthews Ngulube and Ernest Sakala should not recuse themselves because evidence could show they were involved in alleged activities.
Mr Nchito said Justice Ngulube allegedly received illicit funds from late President Frederick Chiluba which was exposed through him while Justice Sakala was directly involved in a case where he walked out on Judge Nigel Mutuna in a K14 million scandal.
Meanwhile, Labour and Social Security Minister Fackson Shamenda has applied to stay the execution of a High Court Judgment that ordered him to pay a Nigerian Company, Dangote Industries Zambia Limited more than K112,000 for libel.
Dangote Industries sued Mr Shamenda demanding more than K100,000 and aggravated damages for causing the publication of a slanderous statement in which he accused one of the company’s employees of trying to bribe him on September 15 and October 1, 2014.
High Court deputy registrar Charles Zulu then entered a judgment in default and ordered Mr Shamenda to pay the plaintiff K112, 042.84 in view of his failure to file his defence and following the expiry of the conditional memorandum of appearance.
Mr Shamenda in his affidavit to set aside the judgment contended that his non appearance was as a result of waiting for the amended summons from his lawyers.
“The entering of judgment in default in favour of the plaintiff is therefore frivolous, vexatious and a clear abuse of Court process, I now grave the indulgence of this court for an order setting aside the default judgment herein,” Mr Shamenda said.
Opposing the application, Dangote Industries said the defendant was not entitled to an order for stay of execution as a right.
Dangote’s lawyer Theotis Mataka submitted that both Mr Shamenda and his lawyer Jasper Mulonga had not given an explanation to the court for the defendant’s default in entering appearance and filing a defence and neither has he exhibited a defence on the merits.
The matter was adjourned to August 4, this year.