Director of Public Prosecution Mutembo Nchito has applied for the stay of proceedings where former President Rupiah Banda has sued Post Newspaper Proprietor Fred M’membe for contempt of court.
Mr. Nchito wants the proceedings taking places at Lusaka Magistrate Court to be stayed pending the determination of his appeal against the Lusaka High Court’s verdict to quash his decision to prosecute Mr. M’membe.
He has argued that unless the proceedings are stayed his appeal will be rendered a mere academic exercise.
Mr. Nchito has argued that fundamental constitutional matters which question the exercise of his powers and functions have arisen and must be addressed by the Supreme Court.
This is according to the Expart Affidavit in Support of Summons to stay the proceedings at the Lusaka Magistrate Court, involving former President Rupiah Banda and Post-Newspaper Proprietor Fred M’membe.
The affidavit has been filed in the Supreme Court by Mr Nchito pursuant to Rule 29 of the Supreme Court Act.
Rule 29 Sub-rule one of the Supreme Court Act in part, stipulates that the High Court May stay execution on any judgment pending appeal.
On Monday the Lusaka High court quashed decision by Mr. Nchito to prosecute Post Newspaper Editor Fred Mambo.
High Court Judge Chalwe Muchenga consequently sent back to the Lusaka Magistrate Court, the matter where former President BANDA sued The Post Newspaper proprietor Fred M’membe for contempt of court
Judge Muchnga stated that the decision by Mr. Nchito to take over had no basis.