Director of Public Prosecutions (DPP) Mutembo Nchito will enter a nolle proseque (no prosecution) in a case where his cartel member Fred Mmembe has been charged with contempt of court through a private process initiated by former president Rupiah Banda.
Fred M’membe has been running editorial commentaries alleging that former president Rupiah Banda was a corrupt person, even when these matters were still in court.
Mr. Banda’s lawyers Makebi Zulu wrote to Mmembe to retract the editorial comments and apologise failure to which they would commence legal proceedings and contempt charges against him (Mmembe) and his PF vuvuzela Post newspaper.
But Mmembe wrote back challenging Mr. Banda to go ahead with legal proceedings and contempt charges, which they did.
But sensing danger and fearing that his partner may go to jail as the matter was a very clear case of contempt of court, Nchito took over the case from Mr Banda’s lawyers. As DPP, Nchito has powers to take over or discontinue any criminal case in Zambia. But it must be noted that this power is not untrammelled and should not be used improperly and for personal gains like in this case. In this case Nchito took over the case to save his friend.
According to people in Nchito’s office, when the matter goes to court next, he will enter a nolle thereby discontinue the whole process started by private citizens who are also the victims of the libel.
Fred Mmembe, Nchito, and Wynter Kabimba are the cartel that has basically held ailing dictator Michael Sata captive and are controlling him with other state institutions like their own kantemba.
Former defence Minister Geoffrey Bwalya Mwamba also sued Fred Mmembe for defamation, but perhaps one can already predict the out-come of the case with Mutembo as the DPP.
Even worse, some Judges that were perceived to be making unfriendly judgments against the cartel have since been transferred to other towns in what are basically demotions.