The Supreme Court has reserved ruling to a later date in a matter where the state is challenging the High Court decision to stay proceedings of the tribunal constituted to probe Suspended Director of Public Prosecutions Mutembo Nchito for alleged profession
l misconduct, pending the outcome of the judicial review hearing.
And Attorney General Likando Kalaluka contends that the High Court ought not to have entertained the application for Judicial Review by Mr. Nchito as it cannot be allowed to curtail investigative processes of the Tribunal.
Chief Justice Ireen Mambilima deferred ruling on the matter after hearing submissions and arguments from both parties at the Supreme Court in Ndola this morning.
Justice Mambilima sat with a panel constituting four Supreme Court Judges namely Deputy Chief Justice Marvin Mwanamwambwa, Justice Evans
Hamaundu, Justice Elizabeth Miyovwe and Justice Henry Chibomba.
This is in the matter where Mr. Kalaluka and Solicitor General Abram Mwansa have on behalf of the STATE raised three grounds of appeal against the Lusaka High court decision.
Mr. Kalaluka submitted that Mr. Nchito should have waited for the tribunal proceedings to come to an end and only go to court if he felt there was injustice in the tribunal findings.
The Attorney General argued that there is no need for the suspended DPP to go to court now, supposing that the tribunal clears him of alleged professional misconduct.
Mr. Mwansa submitted that the Judicial Review sought by Mr. Nchito was prematurely before court.
In Response, Mr. Nchito argued that some of the members sitting on the tribunal are connected to what he is alleged to have done and should not be allowed to sit on the panel.
He submitted that as a constitutional office holder facing a tribunal, he can only seek recourse in an event where there is unfair justice through Judicial Review.