MUTEMBO Nchito has stated that he wishes to elicit evidence from two former Chief Justices Ernest Sakala and Mathews Ngulube to show that both justices had prior negative dealings with him, therefore not fit to sit on the tribunal set up to investigate him.
And Mutembo says justice Ngulube can never treat him fairly.
The former Director of Public Prosecutions has stated that justices Ngulube and Sakala should not have sat on the tribunal that recommended his removal from office for reasons of bias and conflict of interest.
He has asked for leave to issue subpoenas against the two former chief justices.
Mutembo has also asked that subpoenas be issued against High Court judge Mathew Zulu who was the secretary of the investigative tribunal.
According to a further affidavit in support of ex parte summons for leave to issue subpoenas and ad testificadum for the attendance of witnesses filed in the Constitutional Court registry, Mutembo stated that justice Ngulube should explain why he did not disclose to the parties that while the terms of reference included one that had to do with Dr Rajan Mahtani and a nolle prosequi entered into the matter, he was emmployed as legal consultant by the latter.
He stated that justice Ngulube did not also disclose that he maintained an office at Finance House which was headquarters for Dr Mahtani’s businesses.
Mutembo stated that justice Ngulube did not also disclose that he drove, and may still drive, a Range Rover Sport motor vehicle owned by Dr Mahtani.
“That justice Ngulube’s conduct renders the tribunal deliberations a nullity due to his nondisclosure of his conflict of interest,” he stated.
Mutembo stated further that justice Ngulube’s disqualification at the tribunal could be seen during the testimony of Dr Mahtani which had been included in the bundle of documents filed in court.
He stated that State Counsel John Sangwa also led evidence that justice Ngulube was a consultant for Dr Mahtani on matters that were before the tribunal regarding the civil and criminal cases.
Mutembo also stated that it was his intention to raise questions about justice Ngulube’s untimely departure from the Office of Chief Justice which came on the back of his exposure as defence counsel in the matter of the now infamous Zamtroop account, where he received illicit payments.
“This has left me apprehensive as to whether he was able to hear me and participate in the tribunal dispassionately,” he stated.
Mutembo also stated how he confronted justice Ngulube in his office with the illicit payments and informed him that the payments would be made public.
He further explained how then president Levy Mwanawasa called Mutembo following a call from justice Ngulube and asked him if anything could be done to help the latter but he told Mwanawasa that he did not think anything could be done and he “went and informed the former chief Justice”.
“It was after those events that justice Ngulube was forced to resign from his high post of Chief Justice following the public outcry that followed the exposure of his irregular receipts of payments from the Zamtroop account,” he stated.
In relation to justice Sakala, Mutembo stated that he, like justice Ngulube, was conflicted and should never have accepted the appointment to the tribunal that investigated him.
He stated that one term of reference of the tribunal was that he walked out of judge Nigel Mutuna’s court in the case of Development Bank of Zambia vs JCN Holdings Limited, The Post Newspapers and Mutembo Nchito notwithstanding that he had sought leave to be excused.
Mutembo stated that on the day he’s alleged to have walked out of court on March 26, 2012, on that day, he and other defendants in the matter had complained to the Minister of Justice against the conduct of several judges in relation to the DBZ case because of the apparent perversion of Justice that resulted in the case being unlawfully taken away from justice Albert Wood and irregularly allocated to justice Mutuna.
He added that on the day he asked to be excused from the DBZ proceedings, they had submitted a letter with an extensive analysis of what appeared to have underhanded ways in which multiple judges were involved in the case.
Mutembo stated that in the same letter, they also complained about justice Sakala who was later to sit on the tribunal in 2015 to determine a question arising from the case of DBZ, a matter in relation to which he complained about him in 2012.
He has reproduced the excerpt from the letter of March 26, 2012 which shows the complaint against justice Sakala’s conduct in 2012.
“That my intention is to elicit evidence from justice Sakala that confirms that he was involved in matters surrounding the terms of reference, which will go to prove my complaint on bias and/or conflict of interest under paragraph 31 (IV) of the petition that he should never have been involved in the tribunal,” stated Mutembo.