Friday, May 17, 2024

LAZ not in support of Mchenga

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Director of Public Prosecution Chalwe Mchenga

The Law Association of Zambia(LAZ) says it does not support the appointment of the current Director of Public prosecutions Chalwe Mchenga as High Court Judge.

Association President Musa Mwenye says LAZ called for the resignation of the DPP Mr Mchenga in December 2010 and that its position has not changed.

Mr Mwenya was speaking in an interview with ZNBC News in Lusaka today.

He also stressed the importance of having a judiciary that is independent, transparent and fair.

But on Monday President Michael Sata said he will not lead the nation on witch hunt and advised people with evidence on Mr. Mchenga to produce it to the Anti Corruption Commission or to him.

The President also expressed disappointment with media stories attacking the integrity and credibility of the Director of Public Prosecution -DPP- Chalwe Mchenga.

The President said he will not allow people who can not defend themselves to be judged in the media.

[ZNBC]

81 COMMENTS

  1. This man will be gotten rid of when the Judiciary is trully independent. Keep your enemies close is the principle here!

  2. Mr Sata,”All animals are equal,but some animals (Chalwe Mchenga and Judge Ngoma) are more equal than others”

  3. Mchenga we do not hate you but you let yourself be used by MMD plunderers , you are a young man who had a future. Look at Mumba Malila he is still in high esteem.

  4. he is incompetent as he refused to register the crimes of FTJ and we cant have a judge of that nature.mr presdo look beyond.

  5. who wants Mchenga anyway? Mr Sata please find someone else rather than Mchenga, this boy is compromised and was used by MMD and RB.

  6. Something FISHY here. Why is the Cobra protecting Chalwe but opposed to nearly everybody who served under RB? WHY WHY bASATA? Now i understand something but i don’t want to conclude. It is the issue of “Those for us, we shall bend the law. Those against us, we shall apply the law”.

  7. I can speculate that, the Cobra is preparing the Bench, Parliament and other relevant wings for the swift prosecution and conviction of RB. These a chess moves which Levy did not use in the FTJ case. Eyes on the Chess Board.

  8. I don’t know what LAZ stands for. First, they want Mchenga to resign; second, when Mchenga is moved to the judiciary, LAZ complains. I thought LAZ would be happy now that Mchenga will no longer be DPP. LAZ – please grow up … and state your position clearly. Mchenga will make a good judge as he worked very well under hostile presidents – LPM and RB.

  9. as long as we keep changing names/ people and not systems, we should expect no change in morals. sata won’t be there forever. let’s take advantage of him and swiftly get our much desired constitution that is going to handle crazy characters. mind you, sata can change any time it becomes switer for him, and he is known for that.

  10. Mchenga wiill therefore remain as DPP. He cannot be removed unless tribunal is set up and following its recommendations Parliament by a two thirds vote resolves to remove him. If I were Mchenga I would just remain in my position. Other alternative is to negotiate a very big payout in order to leave.

  11. Ba Mchenga why are you trying to eat with both hands, you had your time simply resign from government.
    The italians say if you do not want to shit do not eat.

  12. #9 AMOS KAO – are you a do-something-from-behind? It is illegal in Zambia, so you better remain where you are. The last time I checked Mchenga was still a straight guy. ON a serious note: Mr Michael Chilufya Sata is etting himself up for a downfall with Mchenga. Mchenga has messed up quite a few people’s political careers. MCS should not take his election victory too far. He should listen to people. Unfortunately, here we are again, starting the same line of complaints with a new president. It is disappointing. Are we ever going to have someone different, who actually listens without imposing his own self-interest. Well, 2016 is coming. These days we don’t talk too much. Power is in the ballot box.

  13. Muchenga will go, but the president does not want to be seen like a threat to the Judiciary, so that they do not endup worshiping him. Threatening to fire may lender this important part of the governing system useless and the president knows this too well.
    He will do it in a way that will not leave those our men and women serving still feel confortable to excercise their independence without fearing that the media will say this and I will be fired by the president.

    The best we can do now is to highlight the wrongs of the judiciary and those who have access to state house can do that to HE. And believe me, this man will be sorted out.

  14. mchenga let down the pipo of zed down, chiluba’s appeal. the case in point. no sane person would call for another’s resignation for no apparent reason. he messed up and there is no way i can imagine him high court judge bakalamubonfyafye bcoz he has proved that he is ‘bonfyeable’

  15. This man was a traitor to RB. He was agreeing with everything and yet feeding the Oppsition PF. Now the President wants to reward him, can you trust such a character? Mumba Malila is a professional with integrity – UNZA don, he could not be compromised.

  16. People lets us not forget that this is a man who was receiving orders from Ruphia and Kunda. The reasons for keeping him is to provide the new govt with vital information about how the Judiciary due processes were abused by the Ruphia led govt. I can assure you this is what is happening and why is it that the news is filled with corruptions activities by the former govt officials it is because its the time for telling who did what and how they did it. I can assure you Mchenga will not be high court Judge. Sata is not saying dont complain but refresh him or ACC with information regarding his corrupt acts and let the govt deal with Mchenga. Some people have used tribal sentiments that is not the case but Mchenga is not Bemba neither Bisa to suggest he is being favoured.

  17. To think that fifty years after independence, somebody would create a Government of the clan (tribe) by the clan for the clan makes Keneth Kaunda look like a genius.

  18. @14
    Shaking My Head..Yes, why don’t you help SATA fill that position with your preferred candidate from southern province: anybody even recently graduated from UNZA!! 

    • THE COURT IS THE ONE THAT IS SAPZD TO REGISTER A JUDGMENT..SO U DON’T EVEN KNOW WHY YOU ARE PROTESTING. ZAMBIA??? WHY CAN’T PEOPLE ASK LAZ ON WHAT GROUND THEY WOULD HAVE APPEALED AGAINST THE CHILUBA CRIMINAL JUDGMENT THEN IT WOULD HELP US LAWYERS UNDERSTAND. I HAVE A FEELING THAT THE POSITION THAT MUCHENGA TOOK WAS THE CORRECT ONE. BESIDES THE LAW IS VERY CLEAR THAT THE DPP ONLY APPEALS ON A POINT OF LAW AND NOT ON FACTS. DID THE COURT FAIL ON A POINT OF LAW? PLIZ ASK MUSA FOR ME.

  19. Excellent LAZ!my faith in u just got renewed,also go further and tell us whether appointments and disaapointments done so far have been constitutional or not we are not interested in cheap talk only facts.big up.

  20. LAZ under Stephen Lungu who was seen as an MMD sympathiser called for Mchenga ‘s head so LAZ are simply showing us that they are not FLIP FLOPPERS like most politicians and organisations.

  21. 1st it was the appointment of Chalabesa as Sata`s Principle Secretary. This is the guy who served in the same capacity under Chiluba and was privy to the country`s plunder  and  as if that was not enough, he appoints  the  tainted Mchenga,  the guy who discharged Chiluba`s case and was privy to the previous regime`s plunder. Does this pattern of events really give hope to Zambians regarding the fight against corruption. Had Chiluba been alive, could Sata have in reality reopened his case??????  The level of blind loyalty as exhibited by bloggers is very worrying

  22. CHALWE HAS FILES AND INFORMATION ON THE CORRUPT ACTIVITIES OF THE PREVIOUS GOVT.PF GOVT STILL NEEDS HIM TO PROSECUTE MMD THIEVES.LET BE THERE UNTIL HE BECOMES USELESS.

  23. H.E MCS is not ignorant to the fact that Nchenga presided over cases that caused so much anger and stirred public resentment of the judiciary to the extent that people were beggining to start taking laws in their own hands. Is it not Nchenga if i recall well who

    1) refused to appeal against Chiluba’s acquital, the public outcry could not even move this man.2) prosecuted Mpombo on the bounced Cheque but failed to do so against Lucy Changwe who a minister by then 3) dragged Mpombo to caught over unretired imprest of 2008 after Mpombo fail out with the RB regime. 4) presided of a system that found chiluba’s wife guilty of receiving stolen items but the giver of the stolen items was found innocent. 5) failed to prosecute mmd cadres who were beating up people in Mufumbwe by elections.

  24. Some bloggers are very intelligent as they have deciphered the fact that H. E. MCS will need Mchenga to tell how the executive arm of government under RB interfered with the judiciary. It is imperative to keep Mchenga for now until such a time that the independent judiciary cannot tolerate spineless worms like him. He will go, mark my words and he will never work in legal fraternity thereafter.

  25. There are a lot of questions than answers. Why is LAZ and other calling for Chalwe Nchenga’s resignation as DPP and not fit to be a high court judge. Lets be fair the young man worked under very difficult conditions and its a well known facts State House had a hand in most cases where Nchenga could not discharge the duties of his office as expected. Lets give him a chance, he is human and has family obligations like any other Zambian. Why are Zambians fond of opening old wounds. Let us learn to heal our past wounds and move forward. Right person to answer all querries is the man RB who was in the driving seat of mother Zambia.Mistakes were made but let us move forward as a nation. There are serious allegations at Elections House concerning UPG and MOH etc these need answers.

    • Bwana, we cant just tuck things under a carpet and moved forward. This guy was warned and he made a concious decision to go by what RB/Kunda wanted. As a prpfessional, he had a choice to uphold his professionalism and resign, but he chose not. You now want Zambians to save his job, when he closed his ears to their concerns. He surely must GO!!!

  26. I think anything to do with law, lawyers, courts, judges, etc(Judiciary in short), should be left independent and far away from politics. They are just a share waste of time, energy and money. Let them concentrate on reading their big heavy books and alcohol drinking. One problem takes years to be solved by these coons

  27. #29 #30 #31 – Please save us from your patronising views. If what you are suggesting was MCS’s thinking then almost every former Minister, Permanent Secretary and the Inspector General of Police would all still be serving in their offices today. The fact is that our President doesn’t need anyone to stick around for him to get the information. Do not under-estimate the efficiency and competence of our investigative wings. They don’t need Mchenga to continue in office for them to dig out the facts. There may be other reasons why Sata is keeping Mchenga there. My reasoning is that Mchenga even in MMD govt was already working for PF, he was one of the serious insider moles, even though he appered to be MMD on the surface. Now, MCS is just rewarding him back…

  28. But on Monday President Michael Sata said “he will not lead the nation on witch hunt and advised people with evidence on Mr. Mchenga to produce it to the Anti Corruption Commission or to him”. IFTJ used to say, “………where’s the evidence!?”

  29. Hey, blind loyalists! No need to play mind games here. Mchenga is a turncoat. It`s no secret that  he was receiving orders from above but because he decided to swallow the dangled carrot, and go against the wishes of the  Zambian people by doing wrong, he is spineless, unprincipled  and dishonorable. There are many ways the president can get the info he needs. One example is through Mchenga`s juniors, in fact you would be amazed how much info they have, implicating this guy. Odds are the president already has all the data. What’s so special about Mchenga when others are being fired without being turned into state witnesses? People, stop Playing Russian Roulette. The guy is in the firing line and he should go, period                                        

  30. When Mr Sata introduced purging and dismisals of those that worked with the former govt, we all knew most of them would go. Sata has developed cold feet over Muchenga. This is one man who was defended during Chiluba’s appeal saga. LAZ a body that oversees Zambian lawyers discharge their duties fitting their title have lost confidence in Muchenga as LAZ president has said. To Mr Sata that does not stand. An eminent lawyer Dr Chongwe has objected too. Mr Sata wants his way and that will be the beginning of his fall down. Mr Sata has fogotten he has set presidence over his approach to governance and any departures are viewed with public misgivings as is the case of Muchenga. Tribal antics may be at play but that may define tour exit.

    • Chongwe eminent lawyer? Please spare us. Just because he is a talkative lawyer one should not say that he is eminent. An eminent lawyer my friend would defend the Constitution. Tell the blind loyalist of the Post Newspaper that the Constitution states in article 58 that even if you caught the DPP committing a crime, we should not call for his firing but for the President to set up a tribunal. have facts please before you post.

  31. Aka ka Muchenga kalipanda how come every President becomes p*ssy when everyone expect to act on this corrupt boy. Sata must be extremely careful or this boy will drag him into the mad. TIMELY WARNING

  32. Muchenga deals with criminal law and not registerring of civil London Judgements. Just goes to show that a lot of bloggers do not know what they are talking about.

    • Batata muli chipuba sana, where were you when we couldnt understand law. The London judgement was based on embezzlement and some of FTJ lawyers have been locked up. Whe did embezzlement of public money become a civils case. That was a criminal cae which he should have quickly registered it in Zambia for him to answer questions. We missed that chance through this DPP.

  33. Mwenye is always focusing his energies on petty issues.come on LAZ should be seen to run shoulder to shoulder with Govt.LAZ nowadays doesnt inspire any confidence,when you expect them to talk they are quiet, they first wait for Namakando mmembe to speak then they speak, come on, LAZ must be seen to speak independently not jst beeing used like a rubber stamp for the post like their TIZ fellows.I wish i was a Lwayer i would have raised a vote of no confidence.mwenye is always on the wrong side of things.he looks to be specialized on petty legal issues, big one awe….

  34. Ha guys Mchenga is going Sata is using the donchi Kubeba theory. mwalaba apapene. the chap is too dirty to be protected. just wait. by the way Mambala Rupiah spent 3.6 b kwacha on two cars. does that old man has moral fibre? Can ChiDora, Shikabwshi or Nyangu say somthing may be Sata wanted to say 360 m Kwacha. it has left me sick.

  35. The boy Muchenga was paid a lot money,he now has trucks and 4 farms.How is paid per month to have so many things.New Chines shops in Kamwala 4 shops,the late wife used to run them.He father is Zambia,mother from Zimbabwe and that is why RB liked hin so much.He is the one who recomended him to become a judge last year.

  36. Its so shocking to read how some bloggers try so hard to think for Sata.They love and trust him so much that they refuse to see reason.He showed bitterness for those witch hunting ‘Mchenga’.The fact is a year or so down the line most Zambians will regret having voted for Sata.”SOME ANIMALS ARE MORE EQUAL THAN OTHERS”

  37. Da constitution doesnot allow da president 2 fire DPP so why not entice him 2 a post where he can fire him nicely. judge can be easily fired dont kubebba mwaleke twabeba. this is why laz is asking muchenga to resign not Ba Sata 2 fire him.

  38. #51 Nubian Princess, I must agree with you. You have made the first objective observation out of all the wishy washy comments here. Those lips can can smooch the teeth and tongue out of any gullible mouth.

    As for the eyes, those are the eyes of a two-timer, a player. Pity the wife. Three cheers for the mistress/es.

    As for his political two-timing, I think there is some merit in Sata playing dumb because we need to extract vital information from this smelly mouth. RB and MMD will be wanting this guy to be kicked out so he can keep quiet about their violations of the law.

    So imwe ba LAZ, please tekanyeni – this is one bridge we do not want to burn as yet. Let him stay on so that eventually there is a reversal in who is screwing who.

  39. Mchenga is still in for the same reason that Stanley Phiri (DG- NAPSA) is still around. land saga with meanwood but not fired yet.

  40. #19 Pafwenamwine, I concur with you. Information gathering is two ways, overt and covert. In this case, having some of these chaps in place will certainly help gather information easily than if they were outside of the system. As has been suggested, let’s wait and see.

  41. To all those who insist that Mchenga should be spared, what about Fundanga who gave up a very good job at the ADB to serve mother Zambia and now fired by president Sata, we could also cry the same that he got instructions from State House to make certain decisions that were not in the interest of Zambians. If one has been fired all should be no sacrificial lambs to pretend that you are fighting corruption. There are files at DPP that this government can get information from. We have just recycled the same thieves wait after one year you will all be crying, Chiluba came in on the Christian ticket the second term and see how he cleaned the treasury, humiliated his wife. Politics is a dirty game indeed, we need proper checks and no intimidation of the oppossition

  42. democracy is can be sweet, I havenever seen so much deversity in views and comments. this young man cannot be mad a judge on principle that a judge should be of unquestionable status. This person is questionable and no one will agree that he be given such a high standarding job for whatever reasons being advanced. The only problem is that plot 1 has it own way to of affecting people. May be my president is slowly becoming a victim of the goast in plot 1. Time will tell. PF supporter pls be open to critism, if you recall not too long ago MMD was of the same stance as we are wittnessing here

  43. London judgement failed becoz Levy set precedence not to register foreign judgements when he rebuke Rodger Chongwe’s foreign judgement for damages over the Kabwe shootings under FTJ’s rule. It is NOT Mchenga who stopped the London Judgement from being registered. It is actually good that Zambia has pipo with thick skin like Mchenga who can not be swayed by the opinion of economically interested individuals like Mmembe.

  44. its interesting to c hw da president who claims to fight corruption is protecting the same person he called corrupt when he was in opposition. so SATA is jst playing politics and attract donors’ attention that he is fighting corruption when not, hw can today KING COBRA ask for for evidence on Mchenga alone when he has accused lot of pipo without evidence produced for everyone to c this is double standard which amount to corruption on part of SATA PF Cadre. Anyway the answer is simple the PF Constitution says all the Parastaral Chiefs, Judges, DPP, Chief Justice, PSs and Commanders will be PF Cadres and will be disciplined by PF National Disciplinary Committee and appointed not on merit but by PF appointing Committee thru SATA which means Mchenga is his cadre. DICTATOR

  45. THE COURT IS THE ONE THAT IS SAPZD TO REGISTER A JUDGMENT..SO U DON’T EVEN KNOW WHY YOU ARE PROTESTING. ZAMBIA??? WHY CAN’T PEOPLE ASK LAZ ON WHAT GROUND THEY WOULD HAVE APPEALED AGAINST THE CHILUBA CRIMINAL JUDGMENT THEN IT WOULD HELP US LAWYERS UNDERSTAND. I HAVE A FEELING THAT THE POSITION THAT MUCHENGA TOOK WAS THE CORRECT ONE. BESIDES THE LAW IS VERY CLEAR THAT THE DPP ONLY APPEALS ON A POINT OF LAW AND NOT ON FACTS. DID THE COURT FAIL ON A POINT OF LAW? PLIZ ASK MUSA FOR ME.

  46. AND WHY ISN’T IT LAZ CALLING FOR A TRIBUNAL? THEY DO NOT HAVE ANY PROOF OF ANY WRONG. SO DON’T LAY A BLAME ON THE DPP. WE SHALL BE WAITING ON ACC TO COME UP WITH A CHARGE OF THE CRIME HE HAS COMMITTED.

  47. Haven’t these judiciary people got better things to do or cases to solve rather than trying to run GRZ and always saying things to the media??? PLEASE

  48. You can not fight corruption with corrupt people at the helm of the the Judiciary. The reason Justice failed on Chiluba was because most of the judiciary was compromised  and therefore could not bite the finger that fed them

  49. DILDO and you have ready all the judgments to come to that conclusion or you are behaving like a street lawyer; making assumptions based on what Mmembe, Nchito and Chongwe say. Read the judgments and make your opinions based on what the law is saying not what a vindictive paper is saying. Besides we know that one of the people I have cited above passed thru ziale with a leakage; saved by the first family who didnt want to be embarrassed because their own was also implicated. So what morals can they tell you?

  50. This government of Sata is expected to fire people that worked for and in the heavy corruption of the formers rulers YES! ….. BUT what is it the DPP did that an eye of eagle could not see.?
    Everyone knows he is not just young but also smart. Tell the real spots about him, you wont find coz he is smart. We nned smart people like Mchenga to work with us.

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