Chiluba takes Muntembo to LAZ; full letter
Chiluba seen here in 1991 with Nigerian 'Prophet' Temitope Joshua
Former president Fredrick Chiluba has taken Task Force prosecutor Muntembo Nchito to the Law Association of Zambia over alleged professional misconduct.
In a letter the LAZ dated August 27, 2008, Chiluba through his spokesperson Emmanuel Mwamba argues that Mr. Nchito deliberately misconducted himself by refusing to heed to lawful instructions from the DPP by lodging the notice of aappeal against his acquittal.
Chiluba also accuses Muntembo of leaking information to the Post nespaper.
The letter of complaint is reproduced below in full:
27TH AUGUST 2009
Mr. Stephen Lungu
President
LAW ASSOCIATION OF ZAMBIA (LAZ)
LUSAKA
Dear Sir,
RE: COMPLAINT AGAINTS MR. MUTEMBO NCHITO OF MESSRS MNB & PATNERS
We wish to bring the following to your attention.
On 17th August 2009, the Lusaka Magistrate Court delivered a judgement in favour of Second President of the Republic of Zambia, Dr. Frederick J.T. Chiluba. This is in a matter where Dr. Chiluba was charged with offences of theft by public servant. He was co-charged with Access Financial Service Limited (AFSL) Directors, Faustin Mwenya Kabwe and Aaron Chungu.
The State was represented by lead counsel Mr. Mutembo Nchito from MNB &Partners.
On Monday August 24th 2009, The Post Newspapers carried a story claiming that the ‘State’ had appealed against this Judgement. The story further published details of a notice of appeal and grounds supporting the appeal.
Further reading of the story stated that MNB appealed against the Judgment on the directives written to them by Task Force on Corruption Chairperson, Mr. Max Nkole.
We promptly undertook to search the details of this Appeal at the Lusaka Magistrate Court and the Lusaka High Court Registries. Our search revealed that there was no such Notice of Appeal and supporting documents filed before the courts.
It has emerged that the letter of instructions written to MNB by Mr. Nkole dated 21st August 2009 was copied to the Director of Public Prosecution (DPP), Mr. Chalwe Mchenga and the Republican President, His Excellency Mr. Rupiah Bwezani Banda.
The DPP responded immediately in his letter also dated August 21st 2009. He refused to give consent to the appeal and instead advised Mr. Nkole and the prosecutor (MNB) to furnish him with a copy of the Judgement and intended grounds of the appeal. Mr. Mchenga advised that he would then make a decision whether an appeal was relevant or necessary.
In the afternoon of Monday August 24th 2009, we were informed that a notice of appeal had finally been filed by MNB agents in the criminal registry of the Lusaka Magistrate Court.
COMPLAINT AGAINTS MISCONDUCT
It is clear that Mr. Mutembo Nchito is an agent of the DPP. It is an indisputable fact that Mr. Nchito conducted this prosecution on behalf of the DPP.
We are therefore surprised that an agent in Mr. Nchito has blatantly usurped the constitutional powers of the DPP and proceeded to appeal in the case even in the face of clear cautionary instructions from the DPP.
We are also surprised that an appeal could be lodged on the basis of instructions from Mr. Nkole as in our view, those instructions are illegal.
Mr. Nchito has repeatedly presented himself in court that he was a representative or agent of the DPP and in some circumstances has produced letters of appointment from the DPP when his status was under question.
Mr. Nchito has always insisted that he was public prosecutor appointed by the DPP. He usually took great exception to being referred to as a ‘private prosecutor’. These clarifications made by Mr. Nchito and the position taken by the DPP to have appointed him as a prosecutor, we believe is founded and supported by the law.
We are therefore surprised that Mr. Nchito and MNB can now execute instructions from Mr. Nkole especially on matters of criminal prosecution.
We believe therefore that Mr. Nchito has deliberately misconducted himself by refusing to heed to lawful instructions from his supervising authority and a constitutional officer.
Mr. Nchito is a longstanding legal practitioner and is very familiar with the law. Therefore his conduct on this matter amounts to deliberately breaking the law by attempting to appeal without lawful instructions or directives.
We believe that Mr. Nchito also caused the publication of this appeal in The Post of August 24th 2009 even before the so called appeal was lodged in court.
It is these actions in our view that bring the noble profession you are privileged to head, in disrepute and into ridicule. Further it is unacceptable that lawyers should be at the fore front of breaking the law.
It is also clear that this appeal promoted constitutional breaches as is apparent.
In our view, Mr. Nchito’s conduct was designed to remove all constitutional options available to the DPP and was intended to promote legal chaos if the DPP attempted to exercise his powers so provided by the Constitution.
The DPP was trapped into public embarrassment by the illegality promoted by Mr. Nchito. The action by Mr. Nchito, in our view, was further designed to blackmail the DPP to take no other position other than that promoted by himself and Mr. Nkole.
We are reluctant to include Mr. Nkole in our complaint as we are not aware of his status with LAZ. However in the event that he is your member, this complaint of misconduct should extend to him too.
Thank You.
Emmanuel Mwamba
For and On Behalf of
Dr. F.J.T. Chiluba
SECOND PRESIDENT OF THE REPUBLIC OF ZAMBIA
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Senior Citizen is Dora Siliya.
No way to how can Sata win a case in the Zambia courts he says are rotten and influenced by the state.if he has any integrity he should reject this ruling unless he has influenced it.How can a rotten judiciary reward him damages??????
Sata wins case against State
THE Lusaka High Court has granted Patriotic Front (PF) leader Michael Sata costs for damages in a case in which he had sued the Government and the police for malicious prosecution.
The court however dismissed Mr Sata’s claims for damages against the then Works and Supply minister Ludwig Sondashi and Inspector General of Police Silas Ngangula because the claims were based on newspaper publications.
Mr Sata had sued Dr Sondashi as first defendant, detective sub inspector Justine Mulenga, second defendant, Mr Ngangula, third defendant and the Attorney General as the fourth defendant.
This is in a matter in which Mr Sata was arrested in 2002 for allegedly stealing two Government motor vehicles but was acquitted by a Lusaka magistrate after finding him with no case to answer.
Mr Sata took the four to the High Court for malicious prosecution and defamation for allegedly accusing him of stealing a Toyota Landcruiser registration number AAV 946 and Hyundai registration number ACD 2068.
“I am satisfied that the plaintiff’s prosecution was without reasonable and probable cause because there was not at the time of arrest any evidence of any wrong-doing by Mr Sata,” Justice Martin Imasiku said.
He said he was also satisfied that Mr Sata’s prosecution was malicious as evidence which exonerated the plaintiff was not allowed.
Mr Justice Imasiku said his decision was that the PF leader had succeeded in his claim against Mr Mulenga because there was no dispute that the sub inspector was an employee or servant of the Government.
“The Attorney General is vicariously liable to the plaintiff for actions of Mr Mulenga, I grant the plaintfull judgment for damages to be assessed by the deputy registry,” he said.
He said Mr Sata’s claims for malicious prosecution and defamation against Dr Sondashi and Mr Ngangula had failed because the claims were based on a newspaper article and reporters of the said articles were not called as witnesses to testify.
Who is this SENIOR CITIZEN inso! amveka monga alibe choncho… lolo mwami tifunika tifufuze nso, azakamba kusogolo nso.
Senior Citizen says:
September 1, 2009 at 5:16 amScientist,
These kids on Gaja need to quit it.They blog under influence of psychotropic drugs like kids without personal love or value in life. They know they are more vulnerable and without fire in their empty berries yet pretending as if residing on mass where it cost millions of Dollar to visit.Look at they way they flatter themselves sending hollow threats as if the ZWD belongs to them.Isn’t a basis of serious sympathy for these helpless poor souls? If others spit on them, they will be everywhere crying that the world has become ruthless place against them.
Comment.
All Zambians with MMD educations.
They dont have the power to change things when dictatorship is the rule.
Senile Citizen now its funny you even call Zambians idiots in a way AGAIN.
I love how in your ideals you always put down your own citizens first.
Never to imply that MMD have caused this mess your all in.
It must be opposition EVERY time.
How many MMD cadres are DRUG ADDICTS like Chiluba’s kids?
Scientist,
These kids on Gaja need to quit it.They blog under influence of psychotropic drugs like kids without personal love or value in life. They know they are more vulnerable and without fire in their empty berries yet pretending as if residing on mass where it cost millions of Dollar to visit.Look at they way they flatter themselves sending hollow threats as if the ZWD belongs to them.Isn’t a basis of serious sympathy for these helpless poor souls? If others spit on them, they will be everywhere crying that the world has become ruthless place against them.
Mentally Poor souls deserve our our sympathy instead of burning our time on their empty school yard impressionistic blogs.
Cavima,
You and your league,are you sure you have the monopoly of the blog to rant that you can track and purge Senior Citizen to stop him from these damaging blogs to the post agenda???? Are you being mature, informed or accountable with your public statements if not just being dangerously reckless??? Good luck to you as us bantu wamba stand watching.
Nichocho BaChiluba, to me you are still a thief and hope Nchito can now appeal in their own capacity if thats possible because it has become clear that RB is behind the acquito. You are not a free man Chiluba and your joy will be short lived.
I think it is wise that when we blog that we point out when we disagree, why someone is wrong as opposed to ‘shut up’ languuage. I think Chiluba has a point here and if LAZ is independent as it claims, then it ought to discipline Nchito. As much as it is not everyone ‘cup of cake’ what Senior Citizen’s blogs, One thing is for sure, he is among the few here that actually posts blogs that are well founded and supported. That is why I was interested to find out how true his post below is?
Nchito and Nkole acted unprofessionally. If the DPP had not given specific instructions to them not to proceed with the appeal they would have been within their rights to Appeal. Since the DPP specifically told them to hold on until he studied the case; it was clear unprofessionalism. It was also unprofessional to leak a document to the Post which had not even been accepted in the Court. You may not like FTJ but on this complaint he is right.
Dear Senior citizen
Your client was not supposed to deposit “his” money into a GRZ account. As you know, all funds in any account belong to the account holder. In this case the GRZ. Your client was in a privileged position and could have opened an account with any bank and let his personal money go to those accounts. Not to mention any bank would be very concerned if USD 9 million was deposited into a personal not institutional account.
I want to give him benefit of doubt though out of kindness to such an important person. Let him bring all the deposit slips amounting to the USD 8.5 million being claimed, and let us know who these people making donations were and if they did not benefit from the high office in return. We are also interested in knowing why the key signatory was running away if there was nothing wrong here. Once we are satisfied there was neither corruption nor money laundering, then we’ll give it to him.
If this money is given to him when we are not satisfied, then we’ll accuse whoever has released the money to him of stealing the USD 8.5 million from the account holder GRZ and giving it to someone who failed to convincingly claim it.
Sincerely – Zambiano, fellow citizen.
Ba Senior Citizen is part of the Movement for Mad Dogs and works in the civil service.Watch him/her carefully on issues for ever protecting Rupiah and his minions.I actaully suppect this fellow could be Dora
Someone arrest Senior Citizen for leaking state secrets! Has he been authorised to release this info, and if so, in what capacity? Please be patient and let’s wait for the investigative guys to finish their work. I remember similar nonsense from this guy in the K27bn at MoH. He talked about how PF had helped themselves to Kapoko’s funds in the 2008 campaigns.
Rumor monger.
Senior Citizen; What you have reported is worrying. Is this going to be announced soon?
Chaps like Senior Citizen have destroyed the country and time to crop them down before they turn this country to a desert full of poverty, suffering and misery is now…
Can someone please stop this evil thinking Senior Citizen from vomiting his ignorance to the public! He’s not only a let down to Watchdog but also to the country!!!
you,a mr citizen,plse just eat your brown envolops with your family and stop climbing on our nerves coz i can personally trace you and fix u for supporting robbers and not thieves.your day are numbered
What is Chiluba’s motive on this one? i guess he is just trying to derail the process of just by fixing every individual who seems to disturb his temporal and earthly acquittal. Your time will definitely come. And for you so called Senior Citizen, you are just a mouth piece of the MMD, we know you and your agenda. Continue doing you Job-Kabili emolila.
‘BREAKING NEWS’
EXHIBIT PLUNDERED
The MILLIONS OF US DOLLARS in the ZAMTROP account supposedly for Chiluba held as exhibit has been stolen by the Task Force on corruption OVER THE SEVEN YEARS. The plunder and battle for gain from the expropriate funds in millions of US dollars started during Mark Chona’s tenure leading to his unceremonial dismissal. Thereafter the new prosecuting league went full throttle helping themselves on the exhibits. With Chiluba pressing the claim button and leadership change at the helm of the TFC, panic has gripped responsible prosecutors.
The acting Chair Colonel Kayukwa has found inappropriate accounting, and internal control practices on held exhibits from everything the TFC has had in its possession. Out of the stolen money one of the Task Force lead has put up a multi-million Dollar executive class Golf club in Lusaka’s Kalundu while the other one ploughed his share in the Defunct ZA. Experts expect nothing but criminal proceeding against the criminals.
Since Friday, some have been maneuvering to seek asylum in some foreign mission based in Lusaka with intention of sneaking out of the country. I will be shocked if such will find space to do so.
If i were CHILUBA I WOULD KEEP QUAITE
Senior citizen even if you tell me your father is a man, I cannot believe you. Spare your energy you are not trusted, however, work for your salary.
A professional Lawyer and Investigator should be able to draw a line between crime and the individual. Deal with crime not an individual. Immediately you fail to differentiate between the two, you risk falling into ‘professional chock’. I will deal with him! deal with the crime if you want to deal with him you make disasterous mistakes not only to your career but your employers as well. Hope the two gentlemen Nkole and Nchito are learning something here.
LUSAKA 15 September 2006
ZAMBIA OPPOSITION CHIEF PLEDGES TO DROP CHILUBA CHARGES
Zambia’s controversial opposition leader Michael Sata pledged Friday to drop all corruption charges against former president Frederick Chiluba if elected president in this month’s election.
Sata, campaigning in northern Zambia where Chiluba remains extremely popular, told a public meeting that the ex-president was being “persecuted” by his successor Levy Mwanawasa who is seeking a second term of office.
The PF leader Michael Sata said all the people who have been arrested alongside Chiluba on corruption charges were from Northern and Luapula provinces,which showed that Mwanawasa hated them as a people.
“The man (Mwanawasa) is vindictive for nothing.I will drop all the charges against Chiluba,” said Sata.
He said he would also allow the return of fugitive ex-intelligence chief Xavier Chungu who fled the country two years ago after being arrested for corruption and abuse of public funds when he worked under Chiluba.
The Law Association of Zambia (LAZ) however said that Sata’s statement carried no weight as the president law does not have the powers to drop charges in cases which are before the courts.
Let impulsive Nchito coached to bring GRZ and the bench in disrepute read what LAZ said in response to Sata’s statement below:
LUSAKA 15 September 2006
ZAMBIA OPPOSITION CHIEF PLEDGES TO DROP CHILUBA CHARGES
Zambia’s controversial opposition leader Michael Sata pledged Friday to drop all corruption charges against former president Frederick Chiluba if elected president in this month’s election.
Sata, campaigning in northern Zambia where Chiluba remains extremely popular, told a public meeting that the ex-president was being “persecuted” by his successor Levy Mwanawasa who is seeking a second term of office.
The PF leader Michael Sata said all the people who have been arrested alongside Chiluba on corruption charges were from Northern and Luapula provinces,which showed that Mwanawasa hated them as a people.
“The man (Mwanawasa) is vindictive for nothing.I will drop all the charges against Chiluba,” said Sata.
In response, categorically said in Zambia it was impossible for the President to act in the way Sata was thinking because there is seperation of power.
Mtembo Nchito and Nkole have not only proved unethical, ill equipped and childish but misconducted themselves.They need to have their practicing licenses revoked and barred from serving as lawyers in any case in Zambia.LAZ must discipline them for bringing the legal profession in disrepute all in their quest to serve and conspire the agenda of Mmembe.They make a news filling even without the DPP instructions.On any case progress, contracted prosecutors cannot progress or initiate anything without direct and written instructions of the DPP.
The question LAZ disciplinary committee ought to ask them is,where is the written instructions of the DPP according to the DPP chamber SOPs? Did the DPP issue moving or actionable instructions before hand to these contractors to make news filing first? Is this is in line with the SOPs as in the civil service standing orders? All these benchmarks, contractors will be found to have misconducted themselves.
Mtembo Nchito and Nkole have not only proved unethical, ill equipped and childish but misconducted themselves.They need to have their practicing licenses revoked and barred from serving as lawyers in any case in Zambia.LAZ must discipline them for bring disrepute to the legal profession in their quest conspire with Mmembe.They make a news filling even without the DPP instructions.
The Task Force is not an autonomous Government entity but a unit of the DPP working directly under the mandate of DPP chambers.This means contracted prosecutors working for the Task Force are subjective to the authority of the DPP.In no way can they act on any case without instructions of the DPP who is constitutionally the Government Chief prosecutor.
Nkole should have evoked the instructions of late President Mwanawasa in his terms of contract he articulated.
I quote them here,
I am not impressed with task force – Levy By Brighton Phiri: Tuesday November 29, 2005
“President Mwanawasa reminded Nkole that the Task Force operated under the Director of Public Prosecutions (DPP) during prosecution of the cases.”The DPP enjoys the discretion of deciding whether to proceed with the prosecution or not,” he said.Nkole and Mtembo should not think the TFC is an autonomous body.
We all believe in justice but are of the view that the law cannot be circumvented at the expected outcome of their sponsors.The TFC prosecutors have proved lamentable failures all interested in public funds only instead of delivering justice.
Excuse me, but when did Chiluba become the spokesperson/defender of th DPP? This is an internal issue at the DPP’s office. I do not see how relevant this appeal is. It should be treated with the contempt it deserves
eskumo.
be advised that the dpp delegated authority to mutembo to prosecute the case and this extends to the appeal, and there is precedence to that effect. so he has not missconducted himself in any way. if chiluba knows that he is innocent why the desperation ? let the higher courts free him it would be very good for him.
The DPP never said He wont appeal, He said, He wanted to study the case before making a deciding on appealing, Suppose He decides to appeal after He studies the Case, Chiluba will be very embarrased. Anyway having said that, I argue from the points advanced by Chiluba and others in the media, It is clear that Mutembo has not acted proffesionally, This is not withstandong the fact that they is need to appeal the case. He acted as if he is a DPP and also argued that the DPP has no powers over the Task Force. This issue needs to be cleared.
Chiluba shouldnt push his luck too far.
The Hynah is on top of the world now ready to breath out fire for those destined for destruction according to the ruler of this world.
Ba Freddy naimwe twanaka nenu. Akuliilenifye nomuneni HERB epo tatulamunukulapo mu 2011.