The Lusaka High Court has declared null and void, the transfer of the matter involving Director of Public Prosecution Mutembo Nchito by the Chongwe magistrate court.
High Court Judge Mwila Chitabo made the declaration, in the exparte order, issued today in the Lusaka High Court.The DPP’s case was today expected to come up for allocation in the Magistrate Court.
Justice Chitabo said the purported transfer of the matter to the Chief Resident Magistrate in Lusaka has no legal effect.
Justice Chitabo said his ruling of February 12, 2015 declared the purported proceedings of Chongwe null and avoid and rendered Mr Nchito’s arrest null and void. The High Court ruled that the magistrate who issued the warrant had no jurisdiction to entertain the complaint which is contrary to the law.
He wondered why the warrant was issued from Chongwe when Mr Nchito is a resident of Lusaka.Justice Chitabo also noted that the alleged offences slapped on the DPP were allegedly committed in Lusaka.
The High Court Judge said all procedures connected to the DPP’s matter is declared null and void.
Last week, Director of Public Prosecutions Mutembo Nchito was arrested by Chongwe police following the issuance of a warrant of arrest by the Chongwe Magistrate Court. Mr. Nchito was arrested on two counts of Abuse of Authority of Office and two counts of Contempt of court.
Police Spokesperson Munganga Chanda, said the DPP was also accused of procuring execution of documents by false pretences, uttering a false document and fraudulent contracting of debt.She said Mr. Nchito is further accused of false swearing and conspiracy to defeat justice.Ms.Munganga Chanda said all the offences are alleged to have been committed between January 2008 and August 2013.Mr Nchito was only released from the Police cells after obtaining a stay to halt the warrant of arrest.