Former Kankoyo MP says Mutembo’s case must be reported to IPU

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DIRECTOR of Public Prosecution (DPP) Mutembo Nchito must resign or be fired for lying to the Parliamentary select committee and his case should be forwarded to the General Assembly of the Inter-Parliamentary Union (IPU) to expose how the Zambian parliament is being abused by individuals.

Former First Vice-President of IPU Percy Chanda said the General Assembly of the IPU should be informed that Mr Nchito lied to the Parliamentary select committee before it could recommend him for ratification as DPP so that the Assembly could be aware that the Zambian parliament was being abused and raped by some individuals.

Mr Chanda, who is former Member of Parliament(MP) for Kankoyo in Mufulira and Chairman for Energy, Environment and Tourism was reacting to revelations by the Chairperson of the select committee Luck Mulusa that Mr Nchito misled the Committee.

“I hope this case will be forwarded to the General Assembly of IPU as this will expose how the Zambian parliament is being abused and raped by some individuals.My advice to Honorable Mulusa when he seeks advice from the Speaker, he should approach him in his capacity as the President of the IPU.

“This is so because these are issues which the union should be resolving where the integrity of the house is being raped by few individuals with impunity,” Mr Chanda said

Mr Chanda said Mr Nchito must resign or be fired in order to allow the Speaker to evoke Cap 12 of the laws of Zambia to make it easier to prosecute Mr Nchito for misleading or telling lies to the parliamentary select committee.

“This Cap 12 of the laws of Zambia provides some immunity to the one making submissions to the committee, but should you be found that you told lies or misled the committee, then the same Cap 12 of the laws  of Zambia will be evoked and you will be prosecuted.

“So now, that we have been informed that Mr Nchito lied to the committee, we are asking Mr Nchito to resign or be fired so that he could be properly be prosecuted. He must and not should resign. Yes, he must resign because as the case stands now,it would be difficult for the Speaker to evoke Cap 12 of the laws of Zambia as he will not be prosecuted,” He said.

The former Kankoyo MP said, as DPP, Mr Nchito would only be fair to the Speaker if resigns because if he does not resign, then it would would be difficult for the Speaker to evoke Cap 12 of the laws of Zambia.

He said Zambians should not allow the situation in the country where others are allowed to break the law with impunity, whilst others are being prosecuted in tramped up charges.

“Let us not allow a situation in Zambia where others are allowed to break the law with impunity, while others are being prosecuted on tramped up charges. So if Mr Nchito broke the law, he should face the law to show a good example especially that he is DPP.

“So he will only be fair to the Speaker if he resigns because if he does not resign, then it would be difficult for the Speaker to evoke Cap 12 of the laws of Zambia,” He said.

 

Comments Closed

85 Responses to Former Kankoyo MP says Mutembo’s case must be reported to IPU

  1. WHAT IS THIS TALK OF NCHITO BEING HUSBAND TO MMEMBE DO YOU HAVE PROOF ON THIS YAKUMBUYO ALLEGATIONS

    nyamazan - April 8, 2013
    21:20

    • ..no proof is needed. it’s in the public domain do to speak…

      DPP - April 9, 2013
      09:17

  2. Let this issue be debted by people who understands the standing orders of parliamentary committes nd thse who undestand law carefully

    gkc - April 8, 2013
    21:09

  3. PERCY CHANDA IS NOW UPND SENIOR MEMBER AND PLSE ADDRESS HIM AS UPND.

    sakala connywell - April 8, 2013
    15:04

  4. Percy Chanda is now upnd member and please address him by his new status .thanx

    sakala connywell - April 8, 2013
    15:01

  5. Animal farm, if not let see DPP being fired or resign on his own.

    faston mwanza - April 8, 2013
    11:38

  6. Idris, You say Mutembo Nchito is doing a good job. Fuck your Ass man. Its people like you who support issues blindly that will bring the down fall of this country. Bullshit

    Cruiser - April 8, 2013
    09:32

  7. UPND objected his ratification some section of society said UPND is bitter , Let Nchito account for his wrong doings and the properties which were recovered was when he was prosecutor this too much. God bless Zambia

    wapya minzi - April 8, 2013
    08:54

  8. UPND objected his ratification some section of society said UPND is bitter , Let Nchito account for his wrong doings and the properties which were recovered was when he was prosecutor this too much.

    wapya minzi - April 8, 2013
    08:53

  9. arrest this big bum DPP ..he’s a let own..we need credible people there..

    Ngilingindo - April 8, 2013
    08:25

  10. Nchito Mutembo and Mumembe’s end, will be disastrous. PF will not be there to protect him. Not all days are Sundays.

    Real zambian - April 8, 2013
    07:13

  11. stealing is a crime.

    pemps - April 7, 2013
    23:04

  12. Somebody tell me,am non-partisan.but Why should it be right for some people to support other parties and paint it wrong for others to support PF.Can’t we just discuss subject matters without the label of political party.

    idris - April 7, 2013
    22:08

    • If you see nothing wrong with Nchito lying to get the DPP job then you must not really count yourself among the most noble people but you should understand there will be people who do not like such dishonesty whether it is from PF or any other party.
      Nothing wrong with supporting PF but you have to hold your nose all the time and accept such mediocrity.

      Kay - April 7, 2013
      22:24

      • What lie did Nchito tell. A lot of yapping but no facts

        mwamba mutale - April 8, 2013
        06:44

        • The fact is that Nchito lied to the Committee that he would not personally handle matters relating to Former President Rupiah Banda or matters relating to Rajan Mahtani due to his personal involvement with those people. He lied as he has personally decided to lead prosecution of President Banda and he personally signed end entered nolles against Mahtani. These qualify as lies to any fair minded person and not yapping.

          CHIEF JUSTICE M'MEMBE - April 8, 2013
          10:49

        • Obviously the Watch Dog didn’t show the MP Mulusa’s letter to Mutembo that appeared on the Zambian Reports website so their readers could have a background of this story. Click on the link here to go to the story.

          OK it’s good on the part of MP Lucky Mulusa but his letter to Mutembo also serves as an admission of gross ‘incompetency on him and his entire Select Committee colleagues. The question here is how did they ratify him in the first place with all these questions hanging over his head? How do you ratify someone based on “promises” or assurances of what he will do or won’t do while in office?

          The biggest question here is this: can Parliament reverse his appointment? I doubt very much but someone with knowledge of our laws and constitution can enlighten us. How cold DEC or ACC even investigate him? How would they proceed to trial if he is the one who recommends cases to proceed to trial? Too good, too late Mr. Mulusa.

          Maverick - April 8, 2013
          10:57

  13. Since th army is sleepy in Zambia, i wil invite alkasasins to stat clearng sm of the PF Idiots.

    Democrat - April 7, 2013
    22:01

    • Now you are failing to think

      idris - April 7, 2013
      22:03

    • It costs Rands 50,000 only. When do you want them to come? Cash upfront please.

      Chabwerakumanda - April 7, 2013
      22:57

  14. One day Kalulu saw Tembo the lion stealing chickens from the animal farm. He went to the court in the Lions’ den to report the matter. When he got there, he found all the lions were eating the chicken. The Chief lion Tibin, the thief lion Tembo actually planned it together. Kalulu turned to the recorder Mbewe who was in the corner eating the chicken’s bishop’s nose. Mbewe liked rear parts. They all laughed at Kalulu who left with nothing. They were in it together.

    THE SAINT - April 7, 2013
    21:59

  15. patriotic front liars. lying into offices all the way. lying in rigging bye – elections too. to lie and deceive the gullible Zambians in 2016 too. what a nation of unbaptized minds!!!!!

    foolish zambian - April 7, 2013
    21:59

  16. Who employed Nchito?Is it IPU or the Zambian Govt.Who ratified him?Is it IPU or Zambian parliament?If there is any issue here it is the exposure of the incompetance of Mulusa and select committees.Mutembo is doing a good job

    idris - April 7, 2013
    21:55

    • asking all the wrong questions ehh? enrol on the next logic course you find bwana and I hope that happens soon. The question you ask has to follow some logic if you want to arrive at a reasonable conclusion.
      otherwise you will be asking your wife questions like who carried the baby for 9 months? You!, therefore I have nothing to do with it?

      Kay - April 7, 2013
      22:06

    • You are really a retard!

      Blago - April 7, 2013
      22:35

    • You’ve got a million dollars worth of sh@#t in your head.

      Boondocks - April 8, 2013
      01:28

    • you are a very foolish man. a typical P.F retard

      evil eye - April 8, 2013
      14:37

  17. IT IS WEL WITH MUTEMBO

    met kunda - April 7, 2013
    21:24

  18. THE SPEAKER ACTING AGAINST MUTEMBO JOBS? I DOUBT BECAUSE MUTEMBO’S HUSBAND, M’MEMBE, IS THE ONE WHO DISHES “NCHITO’S (JOBS) IN PF AND THE SPEAKER RISKS LOSING THE JOB IF HE TEMPERS WITH THE DPP. I CAN ONLY, INSTEAD, SEE MULUSA BEING BLASTED FOR TAKING PRIVILEGED INFORMATION TO THE PUBLIC. YES I AGREE TO TAKE THE IPU ROUTE IF, AND ONLY IF THE SPEAKER ACTS FUNNY BY COMPROMISING POWERS OF PARLIAMENT TO FAVOR THE CLIQUE.

    chipasa 'inge' - April 7, 2013
    21:20

    • At least the man has opened our minds and the route to the the IPU

      Juda Escariot - April 8, 2013
      06:53

  19. Hahaha as if this will even happen. In such issues the speaker should express interest in the matter

    #$$ - April 7, 2013
    20:11

  20. Thank you Ukwa-Dead Bodies, I have just tuned to ZNBC to watch this gold digger finishing our money.

    Steve - April 7, 2013
    19:54

  21. Munkombwe on ZNBC now justifying his foolishness!

    Ukwa-Dead Bodies My Redbull - April 7, 2013
    19:38

    • He helped deliver Livingstone, congrats to him!!

      Man of Integrity - April 7, 2013
      19:50

  22. All is as urgly as the donchi kubeba market inspired by urgly dandy

    siavonga kapenta - April 7, 2013
    19:37

  23. He lied to get a constitutional job? Chaps have no fear for sure. But it also shows he came on the job knowing fully well that he has to manipulate his way to survive. And for you and me, do not expect that fool to ‘fight corruption’ wen clearly he is full of it himself.

    Kay - April 7, 2013
    19:22

  24. Just keep thesecases.Time will come when they will be dealt with

    Mwisho - April 7, 2013
    19:05

  25. Nchito, Matibini, mmembe etc are all part of the cartel. You cant expect one to resign because that would weaken their immoral motives. One is funded to circulate lies by way of editorials, one is funded to over rule parliamentary decisions while the other is paid to persecute any noise maker in the country. In short, all institutions ie parliament, police, dpp, attorney general, solicitor general, znbc, times, daily mail are all headed by compromised individuals.

    Oldmadala - April 7, 2013
    18:19

    • To include moribund and toothless entities, viz, ACC and ECZ!

      Centre Back Of Democracy - April 7, 2013
      19:46

    • You will be shocked most individuals in the institutions you have mentioned are giving credibility to these organisations as they were once totally destroyed by MMD. There was no pride working for any of them. Today, we can even wear Tshirts as proud employees.

      Kelvin - April 7, 2013
      20:25

      • like who?

        evil eye - April 8, 2013
        17:33

    • Exactly.

      evil eye - April 8, 2013
      14:35

  26. Honorable Mulusa should be brave enough to approach the Speaker so that this case is tabled in parliament since there is overwhelming evidence that Mutembo Nchito lied to the select committee. The president should not pretend that the DPP is clean. On the other hand Mutembo Nchito has no morals to enable him resign on his own.

    Jamela - April 7, 2013
    18:03

    • Of course he has no morals. Why be honest and tell the truth when the man that appointed him, MCS, has also lied his way into office?

      PF has a culture of LIARS and now it is filtering down the ranks. Soon they will have corrupted the whole country.

      Bimbo - April 7, 2013
      18:38

  27. ba chikala mulusa is dull na author also what shit have you written you failed during RBs time to have mutembo we heard mutembo and friends stole not a single charge was made on them if those guys really stole and there was evidence RB would have had them for breakfast so forget long leave mutembo and friends

    king ju - April 7, 2013
    17:48

    • RB took these chaps to court and mutuna convicted them. They should pay the DBZ 18 billion but their friend at state house suspended mutuna and hired a judge from Malawi for a tribunal ….etc.

      Kwathu - April 7, 2013
      19:25

      • WHO KNOWS WHERE THIS JUDGE CHIKOPA IS STAYING, AM SURE HE SHOULD BE EASY TO IDENTIFY COZ HIS LIPS WILL GIVE HIM AWAY.

        THINKU - April 10, 2013
        11:28

  28. MMD and Mulusa fought very hard to stop Nchito’s ratification with a lot of lies and defamatory statements, but failed. They know their Boss RB is in trouble with Nchito as prosecutor

    Man of Integrity - April 7, 2013
    17:36

    • Liar, liar liar just like nchito and his friends. And you know that he lied his way to the top, maligned the proper holders of that office and he cannot even write a proper charge against the so called AlaB; that can only happen in Zambia. Poor zambia! He has even defenders like you how sad.

      Dull as usual - April 8, 2013
      08:17

  29. Too many pf retard here kindly bloke them watch dog there are the dullest group of people there definately useless how they even live with themselves is a mystery

    riddick - April 7, 2013
    17:33

    • edit your comment, dull chap.

      sali sali - April 7, 2013
      17:40

      • Dull indeed you are Sali sail

        Pa Zed - April 7, 2013
        18:22

  30. When a mouse comes in the house, rats are afraid. This is what is happening with the guys who know what Nchito is capable of. What lie did Nchito tell the committee.

    Man of Integrity - April 7, 2013
    17:28

    • He said if the issue of prosecuting RB ever came up he would recuse himself. Who is a little rat then?

      Another Useful I.diot - April 7, 2013
      17:36

      • Who said he would recuse himself?

        Man of Integrity - April 7, 2013
        19:48

        • Nchito lied that he would recuse himself so clearly he is not a man of any integrity. This is not the first time he has lied. I remember he said he would recieve no money for work at the Task Force but he then convinced Mark Chona to pay him US$20,000 a month! The boy is a natural born lier.

          Another Useful I.diot - April 7, 2013
          22:07

  31. Ba percy chanda ikalenifye! I think ubulofwa bwamipesha nomba kwambafye ukusabaila! Behave yourself mdala! Tondolo musuma!

    Umuntu Mutwe - April 7, 2013
    17:21

  32. Is Nchito really a christian? If he is, the man has to repent and start living a straight life. He seemes to be driven by very filthy unknown and dangerous spirits. Its not to late to change for the better and start living a positive life.

    ZEBIGE - April 7, 2013
    17:14

  33. some blogers are too dull,mulusa is one of the wise MPs we have,it seems people here dont want to hear the truth,or maybe SALI SALI u are the thief nchito?

    the only educated muchingan - April 7, 2013
    17:10

  34. Yaba!! What is wrong with Mufyoto Nchito, kanshi?

    Thermometer - April 7, 2013
    16:58

  35. Mutembo is cunning with ability for sophistry.

    Muntu Na Muntu - April 7, 2013
    16:37

  36. Mulusa should also petition the chief justice to appoint a tribunal,so that nchito is cleared before he can continue as DPP.

    mbachi luhanga - April 7, 2013
    16:28

  37. Fat Albert and Thin Albert then White Albert.

    Josphat - April 7, 2013
    16:19

  38. Mumembe ni Mutembo na Nchito.

    Nja Ya Mwahae Ina Lubilo Kiyamutanganyo - April 7, 2013
    16:13

  39. How to get a big bum like Beyonce in Zambia?

    Jinx - April 7, 2013
    16:08

  40. If Nchito has even an ounce of morality, sense of shame or integrity he would resign. He currently has no credibility at all.

    Another Useful I.diot - April 7, 2013
    16:08

  41. Ok, so what exactly has Nchito lied about, again? The story should have included some background information on what specific sins Mr Nchito has committed so that the reader can offer informed review or comment; otherwise, dont be surprised to get funny comments from impatient readers!

    GMT - April 7, 2013
    16:06

    • Sory mwana I can see that u are not a good reader, you only visit the site wen u hear abt your being told to resign. flip backwards and read abt mulusa’s advise to the DPP.

      muta - April 7, 2013
      16:15

      • Where?

        zakaro - April 7, 2013
        16:29

        • Mutembo Nchito Lied to Parliament, Faces Contempt
          Published April 5, 2013 By Evans Mulenga
          Director of Public Prosecutions Mutembo Nchito is coming under pressure to resign and face possible prosecution for freeing his creditor Rajan Mathani from prosecution. Nchito also faces contempt of Parliament charges for misleading the legislature.

          It has emerged that Nchito, while making submissions to Parliament to support his ratification as DPP, pledged and assured a Select Committee chaired by Solwezi Central legislator Lucky Mulusa to recuse himself on any criminal matters that would involve Mathani and Banda.

          This was as a result of numerous concerns raised by various stakeholders to parliament about Nchito’s impartiality if ratified when he had personal scores with Rupiah to settle while he was idebted to Mathani after obtaining huge financials loans from Finance Bank.

          Contrary to his submissions, Mutembo entered a nolle prosequi and has taken a lead role in prosecuting fourth Republican president Rupiah Banda.

          In a letter dated April 4, 2013 addressed to Nchito and copied to President Michael Sata, Mulusa finds the DPP’s behaviour not only unprofessional and misleading but criminal and subject to investigations by the Anti Corruption Commission and the Drug Enforcement Commission.

          Mulusa is demanding that Nchito reverses Mathani’s nolle prosequi, rescues himself from prosecuting Banda, resigns as DPP and apologises to Parliament and the Zambian people for making false submissions.

          “I wish to inform you that, from the onset, the Committee was mindful and alive to the fact that the office of the DPP occupies a formidable position in the administration of criminal justice.

          “Further, the Committee was aware that decisions taken by that office may profoundly affect the lives of others, hence the Committee’s position that the person holding that office should possess the ability to possess his or her prosecutorial duties in the manner that is consistent with the rule of law regardless of who is involved in a matter.

          “As the DPP, you were also expected to be fearless so as to be in a position to make difficult decisions so as justice prevails in all cases,” Mulusa stated.

          Mulusa explains that representatives from security agencies and other relevant professional bodies were summoned to provide information that was considered during deliberations before Nchito was ratified.

          He adds that while witnesses that appeared before the committee spoke warmly about Nchito’s professional qualifications and experience in prosecutions, there were disconcerting views in respect of allegations of impropriety when the DPP served as Chief Executive Officer of the defunct Zambian Airways.

          “All the witness supported your proposed appointment on condition that the criminal allegations leveled against you were cleared. The Committee did not want to brush these concerns aside in the apparent rush to arrive at a decision.

          “The Committee, therefore, was of the view that approving your nomination without a thorough inquiry risked subjecting you to unrelenting contestation and opposition which was going to cripple you as the DPP,” he stresses.

          As a result, the Committee resolved to ask the Zambia Police to clear Nchito of any criminal investigations and relied on the appointing authority’s submission that there was no investigation against him at the time and that the investigations instituted in 2008 revealed there was no criminal liability on his part.

          “To ensure that your scrutiny was complete, the Committee invited you to appear before it. During your appearance, you commented on your indebtedness to Finance Bank and you eloquently gave a compelling thesis of your alleged persecution by Rupiah Bwezani Banda while he occupied the office of President of the Republic of Zambia.

          “To buttress your thesis, you made reference to the fact that political party gatherings were held at State House at which President Banda pronounced on matters regarding your alleged persecution.

          “Asked what you would do if faced with the onerous task to make prosecutorial decisions in matters regarding Dr Mathani, or Mr Rupiah Bwezani Banda, you assured the Committee you would recuse yourself,” Mulusa stated.

          According to Mulusa, the Committee granted Nchito immunity from prosecution under Cap 12 of the Laws of Zambia but was cautioned that should his testimony deliberately mislead the Committee, the same article would be used to prosecute him.

          “After the deliberations, the Committee lifted the immunity earlier accorded you and I wish to inform you that you do not enjoy any immunity from prosecution regarding your status as a witness before the Committee.

          “Should your response fail to satisfy me that you did not deliberately mislead the Committee, I will have no option but to seek the Speakers guidance on how Parliament should proceed with this misdemeanor on your part,” Mulusa stated.

          Mulusa explains that after watching the conduct of Nchito over the last few months, he concludes that the DPP’s disposition is driven by desire to emancipate his personal circumstance in the Mathani case or settle scores in Banda’s case.

          “You are also expected to be fearless to be able to confront difficult decisions so as to ensure that justice prevails in all cases. However, I have noticed that both in the Mathani and Banda cases, this expectation was abrogated when you chose to preside over the matters yourself without due consideration to the promise you made to the Committee as well as respect for the need for justice and rule of law to prevail in all cases; and that job does require a personal approach to matters of prosecution and neither does it require an individual with a lot of personal baggage,” he stated.

          Mulusa has told Nchito that he mislead the Parliament when personally entering a nolle prosequi in the Mathani matter despite the DPP personally being idebted to an institution in which the accused owned majority shares.

          “Dr. Mathani’s ability to pursue his debtors is amazing in the Zambian financial sector. It will be interesting to know how he has proceeded with thios matter after your interventions.

          “Without much debate, your act should be considered as gratification on your part and should therefore receive the necessary attention of the Anti Corruption Commission as well as the Drug Enforcement Commission,” he states.

          Further, Mulusa states that Nchito’s decision to personally prosecute Banda is indicative of the DPP’s desire to avenge alleged persecution he suffered when the latter was Head of State and as submitted by himself during the hearing.

          “Given the foregoing, I am of the informed opinion that you misled the Committee despite warning you under Cap 12 of the Laws of Zambia.

          “I am also of the view that if you had stated the truth in the Mathani and Banda cases specifically, the Committee would not have proceeded to recommend your ratification,” Mulusa emphatically tells Nchito in a letter in the custody of Zambia Reports.

          Apart from President Sata, the letter has also been copied to the Speaker Patrick Matibini, the Acting Chief Justice Lombe Chibesakunda, the Attorney General Mumba Malila, the Director General (ACC) and the Commissioner (DEC).

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          Alert citizen - April 7, 2013
          19:17

      • why are we still fighting MUTEMBO NCHITO? MULUSA is very hopeless, how can the chairperson of the committe sink so low.thats why SOLWEZI is still underdeveloped because of chaps like MULUSA.

        sali sali - April 7, 2013
        16:39

        • See sense in this. Its not partisan?

          Cadreless - April 7, 2013
          16:53

        • Chikala Sali sali, CNP wanted to move Solwezi to Copperbelt because of the riches the land possess but failed and it’s one of the towns in Zambia developing at a very fast rate. Be factual in your debates.

          Pa Zed - April 7, 2013
          18:27

          • Pa Zed who told you that lie about moving Solwezi to C/belt?What you should also know is that provinces in Zambia are not states.No matter how rich any piece of Zambia is money still goes to central govt.If he wanted to realign Solwezi its a matter of a stroke of a pen and there is nothing you can do about it.

            idris - April 7, 2013
            22:01

      • I kn’t c what the DPP did wrong, much as I don’t understand the background I thought the story will have a background. Sorry what did Nchito do?… Mad-life Nchito 4 life.

        John chinena - April 7, 2013
        21:00

    • It seems you have just woken up from a deep sleep, too bad ba GMT.

      mwanawina - April 7, 2013
      16:51

    • You are just exposing your ignorant about the whole issue it could have been good for you to stay put on issue that you don’t understand unlike revealing your illiteracy.The Mutembo issue is in the public domain ascended to that position in crooked way he must go.

      Muchende usiya - April 7, 2013
      16:57

      • But its you same chaps who ratified MUTEMBO through your MPS in parliament. So whats your problem? its like the guy has griped all of you now.

        sali sali - April 7, 2013
        17:12

        • Its now they have known that he was lying to them you….! Zambia can’t develop with people like you..In civilized communities when you are found to have lied and exposed , you resign on moral grounds

          Think Tank - April 7, 2013
          18:17

  42. write something sensible,cant understand what you are trying to convey.let us know about the lies then your artical wil make sense otherwise its rubbish

    mgan - April 7, 2013
    16:05

    • is this your first time to read w/d? the story has been running about nchito’s lies to the select committee concerning RB and the DBZ cases, hom being an interested party. problem is you rely on the ‘past’ newspaper for your news. useful idiots are the only people relying on the past paper for news. this particular story could not be published in the past paper for obvious reasons

      rev.masipa - April 7, 2013
      17:42

    • Mutembo Nchito Lied to Parliament, Faces Contempt
      Published April 5, 2013 By Evans Mulenga
      Director of Public Prosecutions Mutembo Nchito is coming under pressure to resign and face possible prosecution for freeing his creditor Rajan Mathani from prosecution. Nchito also faces contempt of Parliament charges for misleading the legislature.

      It has emerged that Nchito, while making submissions to Parliament to support his ratification as DPP, pledged and assured a Select Committee chaired by Solwezi Central legislator Lucky Mulusa to recuse himself on any criminal matters that would involve Mathani and Banda.

      This was as a result of numerous concerns raised by various stakeholders to parliament about Nchito’s impartiality if ratified when he had personal scores with Rupiah to settle while he was idebted to Mathani after obtaining huge financials loans from Finance Bank.

      Contrary to his submissions, Mutembo entered a nolle prosequi and has taken a lead role in prosecuting fourth Republican president Rupiah Banda.

      In a letter dated April 4, 2013 addressed to Nchito and copied to President Michael Sata, Mulusa finds the DPP’s behaviour not only unprofessional and misleading but criminal and subject to investigations by the Anti Corruption Commission and the Drug Enforcement Commission.

      Mulusa is demanding that Nchito reverses Mathani’s nolle prosequi, rescues himself from prosecuting Banda, resigns as DPP and apologises to Parliament and the Zambian people for making false submissions.

      “I wish to inform you that, from the onset, the Committee was mindful and alive to the fact that the office of the DPP occupies a formidable position in the administration of criminal justice.

      “Further, the Committee was aware that decisions taken by that office may profoundly affect the lives of others, hence the Committee’s position that the person holding that office should possess the ability to possess his or her prosecutorial duties in the manner that is consistent with the rule of law regardless of who is involved in a matter.

      “As the DPP, you were also expected to be fearless so as to be in a position to make difficult decisions so as justice prevails in all cases,” Mulusa stated.

      Mulusa explains that representatives from security agencies and other relevant professional bodies were summoned to provide information that was considered during deliberations before Nchito was ratified.

      He adds that while witnesses that appeared before the committee spoke warmly about Nchito’s professional qualifications and experience in prosecutions, there were disconcerting views in respect of allegations of impropriety when the DPP served as Chief Executive Officer of the defunct Zambian Airways.

      “All the witness supported your proposed appointment on condition that the criminal allegations leveled against you were cleared. The Committee did not want to brush these concerns aside in the apparent rush to arrive at a decision.

      “The Committee, therefore, was of the view that approving your nomination without a thorough inquiry risked subjecting you to unrelenting contestation and opposition which was going to cripple you as the DPP,” he stresses.

      As a result, the Committee resolved to ask the Zambia Police to clear Nchito of any criminal investigations and relied on the appointing authority’s submission that there was no investigation against him at the time and that the investigations instituted in 2008 revealed there was no criminal liability on his part.

      “To ensure that your scrutiny was complete, the Committee invited you to appear before it. During your appearance, you commented on your indebtedness to Finance Bank and you eloquently gave a compelling thesis of your alleged persecution by Rupiah Bwezani Banda while he occupied the office of President of the Republic of Zambia.

      “To buttress your thesis, you made reference to the fact that political party gatherings were held at State House at which President Banda pronounced on matters regarding your alleged persecution.

      “Asked what you would do if faced with the onerous task to make prosecutorial decisions in matters regarding Dr Mathani, or Mr Rupiah Bwezani Banda, you assured the Committee you would recuse yourself,” Mulusa stated.

      According to Mulusa, the Committee granted Nchito immunity from prosecution under Cap 12 of the Laws of Zambia but was cautioned that should his testimony deliberately mislead the Committee, the same article would be used to prosecute him.

      “After the deliberations, the Committee lifted the immunity earlier accorded you and I wish to inform you that you do not enjoy any immunity from prosecution regarding your status as a witness before the Committee.

      “Should your response fail to satisfy me that you did not deliberately mislead the Committee, I will have no option but to seek the Speakers guidance on how Parliament should proceed with this misdemeanor on your part,” Mulusa stated.

      Mulusa explains that after watching the conduct of Nchito over the last few months, he concludes that the DPP’s disposition is driven by desire to emancipate his personal circumstance in the Mathani case or settle scores in Banda’s case.

      “You are also expected to be fearless to be able to confront difficult decisions so as to ensure that justice prevails in all cases. However, I have noticed that both in the Mathani and Banda cases, this expectation was abrogated when you chose to preside over the matters yourself without due consideration to the promise you made to the Committee as well as respect for the need for justice and rule of law to prevail in all cases; and that job does require a personal approach to matters of prosecution and neither does it require an individual with a lot of personal baggage,” he stated.

      Mulusa has told Nchito that he mislead the Parliament when personally entering a nolle prosequi in the Mathani matter despite the DPP personally being idebted to an institution in which the accused owned majority shares.

      “Dr. Mathani’s ability to pursue his debtors is amazing in the Zambian financial sector. It will be interesting to know how he has proceeded with thios matter after your interventions.

      “Without much debate, your act should be considered as gratification on your part and should therefore receive the necessary attention of the Anti Corruption Commission as well as the Drug Enforcement Commission,” he states.

      Further, Mulusa states that Nchito’s decision to personally prosecute Banda is indicative of the DPP’s desire to avenge alleged persecution he suffered when the latter was Head of State and as submitted by himself during the hearing.

      “Given the foregoing, I am of the informed opinion that you misled the Committee despite warning you under Cap 12 of the Laws of Zambia.

      “I am also of the view that if you had stated the truth in the Mathani and Banda cases specifically, the Committee would not have proceeded to recommend your ratification,” Mulusa emphatically tells Nchito in a letter in the custody of Zambia Reports.

      Apart from President Sata, the letter has also been copied to the Speaker Patrick Matibini, the Acting Chief Justice Lombe Chibesakunda, the Attorney General Mumba Malila, the Director General (ACC) and the Commissioner (DEC).

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      Alert citizen - April 7, 2013
      19:36

    • The problem is, the majority of you PF chaps have a very low IQ like your leaders. Mulusa`s statement is very clear.

      Blago - April 7, 2013
      22:38

      • Mulasa’s statement is not clear to normal people and those who understand the current political situation in zambia where the opposition is bent on destroying whatever the current govt is trying to do,we all know what you RB did to Dr mathani and mmembe and what you say about the two does not carry any weight thats they dont respond to you,its a pity you ll continue choking with bitterness for along time that PF will be in power and some of you if not careful you ll be dying of hypertension.

        cn - April 8, 2013
        10:43

  43. This problem would have being avoided if Hon cry-baby Mulusa did not advance his ratification,his comitee is a disgrace to the zambian people,wth all the evidence given bout the DPPs questionable character and today you want to play victim so unfortunate!!

    Ba chiengi - April 7, 2013
    15:59