There is nothing odd about Chitabo’s own overrule – Sikota

Constitutional lawyer Sakwiba Sikota says there is nothing odd about the vacating of a stay that put on hold the suspension of Director Public Prosecution (DPP) Mutembo Nchito.

High Court Judge Mwila Chitabo who earlier granted Mr. Nchito leave to apply for judicial review and thereby overruling the decision by President Edgar Lungu to suspend Mr. Nchito and constitute a tribunal to probe his alleged misconduct, on Friday the 13th of March discharged his own decision based on a Supreme Court precedent that held that judicial review could not be used to curtail proceedings of a tribunal because they are investigative in nature.

In an interview with Qfm News Mr. Sikota has observed that the decision by Judge Chitabo to overrule his own verdict does happen quite often.

Sakwiba Sikota

Mr. Sikota has explained that what happens is that if a judge is faced with a matter which is said to be urgent the rule in the interim is to make an order that will be subject to further review either by inter parte or upon application of the other parte who had not been heard.

He says this means that the first order by Judge Chitabo to stay President Lungu’s decision with respect to Mr. Nchito would have been made based on the information only supplied by one side.

Mr. Sikota who is also opposition United Liberal Party (ULP) president states that what the High Court judge has done, after hearing both sides, decided that the balance was in favor of the State and not in favor of Mr. Nchito.

He says the Judge has made his decision having considered arguments which both sides put forward.

Mr. Sikota notes that Mr. Nchito can however apply for an appeal if leave was not granted to do so.