Mutembo applies to subpoena former Chief Justices

DIRECTROR of Public Prosecutions (DPP) Mutembo Nchito
DIRECTROR of Public Prosecutions (DPP) Mutembo Nchito

MUTEMBO Nchito has filed ex parte summons for leave to issue subpoenas against two former Chief Justices Ernest Sakala and Mathews Ngulube who were members of the investigative tribunal that recommended his removal as Director of Public Prosecutions.

Mutembo has also asked that subpoenas be issued against High Court judge Mathew Zulu who was the secretary of the investigative tribunal.

According to an affidavit filed in court, Mutembo stated that in relation to judge Zulu, he applies that he be summoned or subpoenad to produce before the court correspondence, documentation and exhibits brought to the tribunal.

The documents in question include a letter from Lewis Mosho Advocates to Drug Enforcement Commission dated September 3, 2009 (Shoprite Holdings Share Sale proceeds), letter from the Drug Enforcement Commission to Mutembo dated March 9, 2012 (summons to accused Shubert Sinkala); letter from Mulenga Mundashi to DEC dated September 21, 2011 (Shoprite Holdings and Lewis Nathan Advocates preliminary matters).

Others are a letter from Lewis Nathan Advocates to Law Association of Zambia president dated February 4, 2012 (Complaint against conduct of Mr Lottie Mpundu –deputy DEC commissioner), letter from Lewis Nathan Advocates to DEC dated October 21, 2012 (Notice of assassination attempt, ex parte order granting leave to commence judicial review dated February 12, 2015-M Nchitoi v Mgistrate in Chongwe-2015-2015/HP/192, letter from tribunal secretary dated April 17, 2015 (Additional allegation, affidavit in support to set aside order granting leave to commence judicial review sworn by Joe Simachela) and a letter from Nchito and Nchito Advocates to Judicial Services Commission dated March 11, 2015 (Appointment of acting director of public prosecutions).

Mutembo has requested that numerous correspondences be tendered before court.

“Mr justice M. Zulu will also be required to give evidence in relation to documents produced and the petition that is before this court,” he said.

In relation to justices Sakala and Ngulube, Mutembo wants them summoned or subpoenaed to give evidence on their appointment to the Mutembo Nchito SC investigative tribunal set up under the repealed Article 58 of the Constitution, their prior dealings with the petitioner which were directly connected to the terms of reference of the tribunal, the petition in general and specifically claims under paragraph 31, IV,V, VI of the petition.

“That in any event, these witnesses be required to testify to what they know about the matter before court,” stated Mutembo.