By Given Mutinta
The revelation made by Alfred Ndhlovu that Mutembo Nchito, Director of Public Prosecutions (DPP) in 2011 settled an order that was false and fraudulent with a prior and deliberate intention to delude the court should be taken up by the Law Association of Zambia (LAZ).
Nchito is a strategic deceptionist because he conducted an illegal act of disinformation where he intentionally procured for the signature of Supreme Court Judge, Justice Gregory Phiri to settle a deceptive order.
Surely, Nchito knew that sneaking in two extraneous paragraphs which went beyond what the Court considered was illegal. Nonetheless, he went ahead to make a false and fraudulent representation. If President Michael Sata is really allergic to corruption, is this evidence not enough to prove that Nchito is not fit to be DPP? Nchito’s conduct displays a red mark in his character that he is deceitful and detests the truth. Only people who hate the truth are prone to disinformation.
The appointment of Nchito will emasculate the Criminal Justice System with immeasurable effects to our society. His conduct shows that he is not a just man able to recognize his own equality with others and do to them what he would want to be done to himself.
If Nchito disinformed the Court what will stop him as DPP from engaging in deceptive activities? One wonders the kind of Criminal Justice System we will have in Zambia and how the government will fight corruption using people who are deceptive. When deceitful people fight corruption the fight against corruption becomes mere mellifluous rhetoric.
To have an effective Criminal Justice System we need a DPP who considers another person as other self, not fools to be deceived. Nchito’s fraudulent conduct suggests that he has a moral debt to conduct himself truthfully.
To disinform the court or lie to other people is to will a relation of inequality between equals something unacceptable. Only a person convinced of his essential superiority over others can deceive, mislead and manipulate them by sneaking in paragraphs the judge did not say. This kind of deception allows a deceiver to exercise dominion on others. This nefarious characteristic is not expected in people holding high offices in our Criminal Justice System because it can make strategic deception endemic.
What is happening in our current Criminal Justice System is a clarion call to all people to be alert. It is possible that many people will be incarcerated fraudulently. There is nothing bloodcurdling than when power is in the hands of deceitful people.
It is incontrovertible that Nchito’s intention of sneaking in two extraneous paragraphs was to establish a relation of inequality between himself and the other party. His conduct has inflicted serious damage on his character. Aristotle points out that, ‘our character is determined by our choosing good or evil, not by the opinions we hold’. Nchito’s unlawful conduct is irrefutable evidence of his willingness to establish relations of inequality by deceiving others. Therefore, he is a person who cannot be trusted.
Nchito will do well to resign because through his dishonest conduct he has made himself less than he is capable of being DPP. For the sake of some temporal benefit, he allowed a deficiency to mark his character.
Through his conduct, Nchito has demonstrated that he is one person who does not love equality. He cannot be proud of his actions because there is nothing in them except deceit. Thus, his actions have very little that corresponds to what he really knows to be true as a lawyer.
Nchito’s appointment as DPP shows how fraudulent the process is that made him DPP because he does not have the habit of justice. Nchito’s fraudulent conduct seem to suggest that he does not love justice, except possibly certain instances of justice that are conducive to his own private ends, which are not necessarily just or ordered to the right and ultimate end.
Surely, there is no need for us recycle people whose integrity is full of ‘twists and turns’ when our country is affluent in young and brainy legal minds.
It is sad that Nchito is unreliable and easily divides himself in two. He lacks correspondence between what is in his actions and mind. My worry is that there is a part of Nchito that is not in his actions, to be precise, that part that knows what is true.
Nchito’s deceitful conduct should be a lesson to all people who are still serving our country with honour to be your own actions. Your actions should be an extension and expression of who you are in your professions. If you bring a split between your actions and your inner selves you will bring about a split within yourselves and this will fragment your characters.
Keeping Nchito as DPP when it is clear that he has a disintegrated character will somberly compromised our Criminal Justice System. It will also be an assault on the fight against corruption.
Many people in this country know that Nchito’s own deceptive conduct has led him downward towards a divided self. Thus, we need a DPP who is unswerving.
There are no patriotic reasons why Nchito should continue as DPP and none justifies his deceitful conduct. Being ‘cunning’ might have a charm of its own that some people may find it attractive. However, this is not a characteristic we want in our DPP.
Keeping Nchito will enable him to create a space within the Criminal Justice System that is his own and the system that appointed him that no one can invade. This will provide Nchito power over others. It is will sad if this situation is also instigated by a grimy obsession for vengeance because many people will be arrested on trumped up criminal charges.
We should not allow Nchito and his employers to create a Criminal Justice System that is vindictive and rancorous. There is a price to the creation of such a space. It will lead to complete disintegration of Nchito’s character and the Criminal Justice System.
Nchito should know that fraudulently devised criminal charges will split him and create a distance between his actions and who is. My fear is that Nchito will continue to deceive other people something inevitable since we are creatures of habits. When this happens he will start deceiving himself and even believe his own deceptive behaviour. A Russian novelist, Fyodor Dostoevsky speaks of this particular state of affairs in his great novel ‘The Brothers Karamazov’ that a person who deceives himself, and believes his own deception, becomes unable to recognize truth, either in himself or in anyone else, and he ends up losing respect for himself as well as for others.
My advice to Nchito is to resign from his position. What does it pay to be a DPP without dignity? If he is not going to resign, then let us not allow him to invent offenses, or exaggerate what some people may say to create a crime where no crime has been committed.
The Law Association of Zambia should respond to the public over this matter. It is unfair to have a DPP who is unreliable something not hard to see in Nchito’s conduct.
To be deceitful is part and parcel of every vice. Nchito’s conduct of sneaking in two paragraphs shows that he is unjust and unreliable to be a DPP. To be an unjust person is to be a deficient person.