State wants ConCourt to state if Mutembo can be reinstated as DPP

Two years after Mutembo Nchito sued the State to challenge his removal as Director of Public Prosecutions, the State has now raised preliminary issues in the Constitutional Court on November 15, on whether the decision by the President to remove Mutembo Nchito as Director of Public Prosecutions can be reviewed by the court and whether he can be reinstated.

In a notice to raise preliminary issues filed in the Constitutional Court, the state stated that when the matter comes up on November 15, they intend to raise preliminary issues, among them, whether the provisions of article 144 of the Constitution (Amendment) Act no.1 2016 applied to Mutembo and whether he could be reinstated as DPP.

They further want the court to state whether the amended petition was the correct mode of commencement of action to challenge the decision of the tribunal set up to probe Mutembo and whether the court could grant the declaratory orders sought by him.

“Take notice that when this matter comes up for hearing before the full bench of the Constitutional Court on November 15, 2018, at 09:00 hours, the respondent intends to raise the following preliminary issues: (a) Whether the petition discloses any cause of action; (b) Whether the provisions of article 144 of the Constitution (Amendment) Act no.1 2016 apply to the petitioner and whether the decision by the President to remove the petitioner from the office of Director of Public Prosecutions can be reviewed by this court, and whether the petitioner can be reinstated as DPP; (c) Whether the amended petition herein is the correct mode of commencement of action to challenge the decision of the tribunal set up to probe the petitioner; (d) Whether the amended petition is a re-hearing of the matters heard and determined by the tribunal set up to probe the petitioner and (e) Whether this court can grant the declaratory orders sought by the petitioner,” read the notice.




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