The Constitutional Court has ruled that the former Director of Public Prosecution Mutembo Nchito’s reliefs sought in a matter where he is challenging his “unlawful dismissal” from the Office of DPP were properly before court.
The reliefs Mutembo is seeking are that all actions taken by the President after purportedly relieving him of his duties, including any appointment of a replacement DPP, be declared null and void.
Other reliefs are that further or in the alternative, the Report of the Tribunal set up to probe him be declared null and void on account of the uncontroverted evidence of bias and conflict of interest on the part of justices Ernest Sakala and Mathew Ngulube, among others.
And delivering the ruling, Wednesday, Judge Margaret Munalula ruled that the matter was properly before the court and that the court would proceed to hear the petition.
She said the court had the right to raise its own questions whenever there was need for clarity.
“The court has the right to raise questions and clarify issues whenever it desired and it being the final court of determination, it is hereby ordered that the petition is rightly before court and we will go ahead and hear it as amended,” judge Munalula said.
Mutembo is challenging his unlawful dismissal from the Office of the DPP.