DBZ ruling is a technical knockout to Zambians, bye to judicial independence

President Michael Sata is not in control, If President Sata does not accept that he is under control of the cartel then he is under control of  Satan himself, the Serpent, For how else can some describe him. The Supreme Court ruling on the Development Bank of Zambia loan by the cartel is a sad chapter in the history of the judiciary in Zambia. The blame lies on Sata and his relative Lombe Chibesakunda.

The Supreme court has ruled that the DBZ matter be taken back to the High Court, in short a retrial. The court further said High Court Judge Nigel Mutuna erred in presiding over the matter.

One prominent lawyer had this to say on the matter; “It prejudices the rights of Mutuna before the Chikopa Tribunal. The imputation is that he misconducted himself. It is amazing that the judiciary can do this to a fellow judge”. Our analysis is that the K 14 billion plus owned by Nchito brothers and Fred Mmembe will not be paid back atleast not under this government. It also means the costly Chikopo tribunal has been rendered useless. The continued stay of Lombe Chibesakunda has raped the judiciary more so the Supreme Court.

The reason why we say the money will not be paid for now is very simple. The matter before court was both criminal and civil. In Zambia all prosecutions are authorised by the Director of Public Prosecutions (DPP) in this case Mutembo Nchito. How then does the DBZ re-start the case against the person who is supposed to give consent?. To make matters worse the legal counsel for DBZ Buta Gondwe is Mutembo Nchito’s close friend. It is Mutembo who found him a job at DBZ. The Managing Director for DBZ Jacob Lushinga is very very close to Nchito.

It is Nchito who helped Lushinga get a job as Director General for Zambia Investment Center(ZIC) under Mwanawasa government before ZIC merged with other statutory bodies to form what is now Zambia Development Agency (ZDA). We are aware that even after Lushinga was arrested and prosecuted for disregarding tender procedures when he engaged DC Saatchi to print promotion materials for ZIC without following tenders guidelines, it was Nchito then as Task Force prosecutor together with David Kombe then Chief Policy analyst at State House who helped Jacob come out of the hook. That is how Lushinga went back to Bank of Zambia as an economist. It is Nchito who helped Lushinga get a job at DBZ after frustrating Dr. Abraham Mwenda. The Board Chairperson of DBZ Mr. Robert Chomba the owner of Euro Africa Bus Services is a personal friend to President Sata who is under control of the Cartel.

The wife to Chomba is Dr. Elywn Chomba the Permanent Secretary at Community Development. Who then is going to re-start the court process at DBZ against the DPP who is supposed to consent and also a controller of the President? This is a non starter. The continued stay of the shameless old lady Lombe Chibesakunda as Acting Chief Justice has also contributed to the sadists at Bwinjimfumu road to go scot free at least under Sata’s government because as we earlier indicated in an editorial we wrote here entitled the Supreme Court caught in a spider web, all the supreme court justices are job seekers.

They know that Chibesakunda and deputy Florence Mumba do not qualify to be substantive Chief Justice and Deputy respectively because they have passed retirement age. So the rest of the supreme court justices will continue passing judgements in favour of Sata because they want those jobs. The solution however is very simple. Zambia has a substantive Deputy Chief Justice ratified by Parliament and seconded to the Electoral Commission of Zambia. She is Ireen Mambilima but she has one problem, she is from Eastern Province. Sata sleeps, eats, drinks tribe. Sata uses tribe to think and not brains. He would rather keep Chibesakunda a relative and fellow Bisa from Mpika.

The reason is simple. He anticipates a prolonged legal battle with Bashilubemba over the Chitimukulu issue and Chibesakunda will be the ideal person to be at the helm of the judiciary. This is more the reason why he took Nkandu Luo another Bisa and niece to Chibesakunda to be Chiefs and Traditional Affairs Minister. But this is not good because a precedence has now been set by the highest court that people can borrow with impunity go to court accuse the judge of being biased and go. This charlatans are doing all this because they know Sata’s thinking capacity is shallow and Zambians easily forget. They will talk for a week and forget. For those who woke up early in the morning carrying pens voted for these thugs and celebrated naked after the results were announced this is the problem you have brought  for mother Zambia, total anarchy.

The Bwinjimfumu cartel tried to do this to late President Chiluba and Rupiah Banda but they told them that government is not run from newsrooms. Mwanawasa despite all the credit given allowed these thugs to borrow with impunity. We are very disappointed with the First Lady that despite being an educated person, she can allow her husband to be used like that, the DBZ game results are Cartel 3 Zambians 0. The debt will not be paid under Sata. Perhaps it will be done by the next government when all the Supreme Court justices will be retired, taken to Kanakantapa farm block and replaced by High Court judges who seem to have some integrity. A supreme court that over rules every judgement from the high court. Look at election petitions. All seats that were declared free and fair like that of Dora Siliya, Mulusa and now Sydney Chisanga have been nullified. Any way that is a topic for another day but we hope Judge Mutuna will seek Judicial review over the DBZ ruling.

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