13 December 2011
We have learnt with a deep sense of shock how that the Zambia Police Service has conspicuously dropped all criminal cases against Mr. Mutembo Nchito in order to pave way for his appointment as Director of Public Prosecution (DPP).
It is surprising that President Michael Sata, who has on several occasions claimed to be allergic to corruption, is demonstrating an insatiable desire to work with people that are either facing corruption or criminal charges in the courts of Law.
As the Public may be aware, Mr. Mutembo Nchito faces a number of cases in the High Court, some of them are of criminal in nature.
The specific allegations of financial impropriety by Mr. Nchito as Chief Executive of the Defunct Zambian Airways are in public domain. The defunct Zambian Airways is currently under going both civil and criminal investigations with specific reference to huge debts owed to among other institutions, the National Pensions Scheme Authority (NAPSA), Zambia Revenue Authority (ZRA), National Airports Corporation (NAC) an a number of banks namely, Development Bank of Zambia (DBZ), Finance Bank, Investrust Bank Bravo Capital and Trade Creditor .
The other areas of impropriety include his conduct in relation to his clients namely, Moses Katumbi, which matter was before the High Court. The other one relates to Former Press Aid to Dr. Chiluba, Richard Sakala whose cases of appeal and Civil petitions are before the Lusaka High Court. In both cases, the complainants have charged that Mr. Mutembo Nchito abused his position as Legal Counsel, Public Prosecutor and indeed legal representative for the Task Force in the exercise of his responsibilities. The two criminal cases are filed under HPA/16/2004 and civil under 2010/HP/984. These cases are yet to be decided by the Lusaka High Court.
The Law Association of Zambia (LAZ) is also seized with complaints against Mr. Mutembo Nchito. It would therefore be untenable to have a DPP whose conduct suggests criminal culpability to serve in that August Office. Unless and until these matters in the High Court are concluded, the Government will suffer terrible embarrassment and illegality to proceed with this appointment, which will invariably compromise investigations while nullifying court proceedings that are yet to be concluded. This would amount to contempt of court.
This insistence by President Sata to force Parliament to ratify the appointment of a person with such track record to the position of DPP breeds suspicion in the minds of the General Public.
COMMITTEE OF CITIZENS