The Zambian Voice have expressed shock over the decision by the Director of Public Prosecutions (DPP) Mutembo Nchito to enter a Nolle Prosequi in the matter he is facing alleged criminal charges.
Zambian Voice Executive Director Chilufya Tayali says in a statement released to ZANIS on Feb 22nd said that the Nolle Prosequi is not there for the purpose of frustrating the due process of law but to make sure justice is done.
Mr Tayali said judicial process must be followed in the country if justice is to be maintained among the citizen.
He said that if any of the processes or procedures is omitted or overlooked, this constitutes persecution and not prosecution.
The Zambian Voice Executive Director said in the case involving Mr Nchito, there are more questions to be answered, especially that which relates to the constitution as to whether the due process of the law has been followed by Mr. N’guni and his lawyers.
He said the courts have a serious challenge when the constitutional law cross paths with common law such as where a DPP who has to enter a Nolle Prosequi if he thinks that the procedure has been faulted in respect to himself .
In his argument for entering the nolle prosequi, Mr. Nchito told the court that he has been forced to use the powers vested in him under the constitution to stop the criminal proceedings against him because he does not think the due process of the law has been followed.
Yesterday, Women in Law in Southern Africa (WILSA) supported Mr. Nchito’s decision to enter a Nollle Prosequi in the matter in he is facing alleged criminal charges.
WILSA Regional Coordinator Matrine Chulu said there is nothing wrong in Mr Nchito entering a Nolle Prosequi in his own case because he was merely responding accordingly to alleged charges laid against him.
She said the move by the DPP to use his powers in the matter in which he is involved is a way of defending himself further stating that he would have also done the same if he was representing another person.
Ms Chulu said Mr Nchito’s action is a landmark decision as he has set precedent.