By DELPHINE ZULU –

THE tribunal probing suspended Director of Public Prosecutions (DPP) Mutembo Nchito has ruled that President Lungu has powers to amend the tribunal’s terms of references at any time.
Chairperson, Annel Silungwe in his ruling yesterday, said there is no authority that bars the President from amending the terms of references and is within the law regardless of an absence of procedural provisions for such amendments.
The tribunal also ruled that the proceedings be held in camera in order to safeguard the integrity and reputation of the Constitutional office and the interests of justice from being assaulted by the unprofessional reportage by some sections of the media.
On disqualifying justices Ernest Sakala and Matthews Ngulube on account of bias, the tribunal ruled that there is absolutely nothing demonstrating that Mr Nchito offended any of the two members and that the allegations of bias do not form a sound basis for removal.
“All in all, we do not find merit in all the preliminary issues brought by Mr Nchito, accordingly we dismiss them and reaffirm our commitment to conduct the proceedings independently and to afford both parties a fair hearing,” said Mr Justice Silungwe.
Mr Justice Silungwe said all members of the tribunal had not been spared from personalised and vicious attacks in uncouth language from day one of the tribunal by certain private media organisations and individuals who seemed to be making adverse comments, reaching conclusions and disparaging potential witnesses.
He said the foregoing factors will undermine the very tenets of integrity and nobility of the office of the DPP that Article 58 of the Constitution was designed to safeguard and that the unfair, inaccurate and uncouth attacks were an affront to the integrity of the tribunal itself.
“By holding these proceedings in camera, we will not only be protecting the integrity of the DPP and the witnesses but also that of the tribunal as well as safeguarding the interests of justice, there are apparent parallel tribunals with manifest disinterest and bias,” he said.
Judge Silungwe said Mr Nchito did not do anything wrong to Justice Ngulube to generate hostility, hatred, animosity or dislike as alerting him about information concerning a secret account and being a messenger of the late President Levy Mwanawasa could not conceivably cause offence to any reasonable person.
He said the allegations against Judge Sakala of him refusing to hear lawyers who had acted against him was not the correct position as he merely recused himself from hearing the matter and that the abuse of imprest could not reasonably impute bias on his part.
The tribunal later reconvened in the afternoon where it set Monday next week for the next sitting.