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Tuesday, December 1, 2020

Planned demostration not for suspended judges, but against Mutembo Nchito-ZDDM

Headlines Planned demostration not for suspended judges, but against Mutembo Nchito-ZDDM

Director of Public Prosecutions Mutembo Nchito
Director of Public Prosecutions Mutembo Nchito

The Zambia Direct Democracy Movement (ZDDM) has clarified that the demonstration that the political parties are calling for has nothing to do with the matter that was taken to court by their judges.

ZDDM National Co-ordinator, Edwin Sakala said the demonstration is against Mutembo Nchito’s continued stay in the office as Director for Public Prosecutor (DPP).

Mr Sakala said this in a press statement released to Zambia News and Information Services (ZANIS) in Lusaka.

He charged that Mr Nchinto is not the right person for the position of DPP because he has his own criminal matters pending in court, hence he is not in the right position to advise Government on criminal
matters.

Mr Sakala said since the President is not willing to retire Mr Nchito, it is the duty of the opposition political parties to remove him from the public office.

He has further assured Lusaka Province Police Commissioner, Charity Katanga that the decision by opposition political parties to hold a peaceful demonstration has nothing to do with the matter in court.

Mr Sakala said the police should know that it is the constitutional right of political parties to hold a peaceful public demonstration on issues which affect the nation, adding that they will proceed with their decision as they have notified the police about it in good time.

He has also advised the police to do their job by providing security for the demonstration which will be held on Wednesday, June 6, 2012.

Mr Sakala has also urged well meaning Zambians to support the demonstration as it has a noble cause, adding that they will not allow the Patriotic Front (PF) to push around the judiciary.

He said the demonstration will serve, among other things, to demand the removal of the DPP to give way to investigations on many allegations against him, the immediate re-payment of the K14 billion Mutembo and M’membe to the DBZ and respect for the Judiciary.

Mr Sakala said the concerned parties are also extending their call for Minister of Justice, Sebastian Zulu, to step down as he is not doing the nation a good service in matters that have hit media headlines in the last few weeks, adding that the call should also be extended to the President.

He said the parties are also not happy with the decision of the technical committee of expert on the constitution to sneak in a clause in the draft constitution which is supportive to a call to recognize homosexuality, adding that it is not only criminal but demonic as well.

ZANIS

76 COMMENTS

  1. We the unflinching patriotic Zambians implore President Sata to redeem himself from M’membe and Nchito and quickly realize that the world is in an era of revolutions in quest for self emancipation, fair play, dignity and justice. It may be too costly to sustain this needless defense of amoral henchman. A Presidency earned at 42% in a polarized political space characterized by record level voter apathy in protest of such nonsense should be handled with this wanton arrogance mounted by the President. 

  2. Sincerely it shouldn’t  be handled with this wanton arrogance mounted by the President in his dangerous defense of partners in crime against the Zambian citizen now dying in job hunt stampedes.. 

    • You truly are an *****. If really want the truth, let the tribunal go ahead and see what will be revealed over this K14 billion because everyone involved including Mutembe Nchtio and Fred Mmembe will be called to answer for their role and provide evidence. Until then, there is no case against the DPP because he would have been locked up a long time ago under the Rupiah Banda MMD government had they found him or Mmembe with a case. You are a criminal to propagate lies you cannot prove.

    • How do you call someone an I.D.I.O.T. for having an opinion different from yours? Get civilized! Sata should also have suspended Nchito so that it a fair case. Nchito has no more ground to continue a DPP.

  3. President Sata cannot afford to thrive on orchestration of adversarial activities evidently acrimonious to the masses in the majority. President Sata has no control of the people power. Quickly than he seems to realize, a critical mass is building up that could prove too hard to outdo. Forewarning is forearming. Learn from the fate of all dictators that circumvented people power.  The ultimate price for an iron fist of unbearable dictatorship is humiliation. History has many lessons worthy of reflection for the remaining dictators who have wantonly belabored manipulate citizens and spilled the blood of their peoples.

    • Senior citizen were u in the same class with George Mpombo?Your english is serious senior just like Mpombo.

  4. I advise President Sata not to follow the fate of:

    1).UN official says no to Syria amnesty

    2).Egypt’s Mubarak sentenced to life in prison

  5. So called sakala ! Whos fooling who?Zambian please dont be brain washed with those ideas of dom.they have no blessing from truely peace loving zambian!
     

  6. As long a they do not pose a threat to national security, they have the constitutional right to go ahead and the police, ideally/supposedly being impartial is obliged to do it`s duty by allowing them and providing the necessary security.

  7. Good move, we shall surely attend to this noble cause. Mutembo Nchito surely by now you should know that you can fool some pipo some time but you cant fool all the pipo all the time…. Dont be blinded the earlier you realised this the better for you. Good luck

  8. I THINK YOU GUYS DO NOT KNOW WHAT YOU ARE DOING, MUTEMBO FORMED A LIMITED COMPANY AND EMPLOYED DIRECTORS TO RUN IT, AND I JUNIOR HIGH IN OUR CIVICS WE WHERE TOLD THAT, THE OWNER OF A LTD COMPANY IS SEPARATE FROM HIS COMPANY, EVEN WHEN THE COMPANY GOES UNDER, HIS LIABILITIES ARE ONLY LIMITED TO THE AMOUNT HE HAS INVESTED IN AND TO ANY UNPAID SHARES, HENCE THIS GUY HAS NO CASE TO ANSWER, HER IS PROTECTED BY THE LAW AND HE IS A FREE MAN, THAT IS WHY BEFORE ANY BANK GIVE OUT A LOAN TO A COMPANY THE LOOK AT THE BOOKS OF THAT COMPANY AND ITS ASSETS TO SEE IF THE COMPANY HAS THE ABILITY TO PAY BACK THE LOAN, IF THEY THINK THE COMPANY MEETS ALL THE REQUIREMENTS, THEN THEY GIVE OUT THE LOAN TO THE COMPANY AND NOT TO THE OWNER OF THE COMPANY, NOTE PLEASE, THE LOAN IS GIVEN TO THE COMPANY.

    • But he is an interested party being the owner of the limited company sir. That’s the opposition’s case sir. What do you say about that?

    • Some Zambians are very dull Mutembo Nchito has done nothing to Step down we need him to clean the dirty system I know Crooks are afraid because the man is clean.He has not stolen like the former MMD govt leaders please Satan leave the man of God you are all doomed calling for the resignation of Hon Nchito bakabolala imwe 

    • Except in this case, Mutembo Nchito and Fred Mmembe through their companies got involved with Zambia Airways long after the airline had already procured the K14 billion loan, and could only give the DBZ a chance to get out of the partnership if they had become shareholders. The onus to pay back the loan is not Nchito or Mmembe’s but the directors that were running Zambia Airways at the time they procured the loan and these directors are still around. You cannot compell someone to repay a loan he was not part to. Takwaba.

  9. This chi senior citizen has started barking up the tree yet again. whatever you talked about against Sata during the reign of MMD never really came to pass and you lost. What a demented twart. Shut the F-U-CK!!!! up man and take you losing ass home.

  10. @Pachushi.com,

    If what you are selling was correct then no one would ever lend money to a limited Company. It is more complicated than that. This is why lenders ask for gaurantees and suretees.

  11. @The Nigga of Nagasaki: This is not about MMD or PF, this is about the future of the country. You sound so parochial in your reasoning when you turn such an issue into “we against them.” The fact that the MMD was bad (which by the way Sata was pretty much part of) for Zambia doesn’t justify the capricious leadership of this government. Zambians deserve better than what they are getting from this incompetent government. By the way, Nchito and Mmembe should be arrested for stealing public money. They should not protected by this corrupt establishment.

  12. @pachushi.com 
    If you carefully read the judgement by mutuna ,which is based on the evidence and sequence of events supplied by the plaintiff DBZ and not refuted by the defendants as at now, the DPP personally I repeat personally guaranteed the $3,000,000.00  so how does he now invoke the veil of incorporation?? The reason he made the personal guarantee was probably because the lender was not satisfied with Zambian Airways assets being offered as security against the loan.
    Suddenly every jack and Jill has become an expert in Company Law.Did those 3 defendants really think almost all Zambians would be ignorant of their true intentions? THIEVES, POMPWEs,KABOLALAs, ABANGO, SAKALANYONGOs.

    • The only problem here is that Judge Mutuna against all ethics elected to pass judgement over a case that had been discontinued and withdrawn by the complainants DBZ after they realised they had sued the wrong people. When a case is discontinued, the next thing for a judge to do is dismiss and close the case, but Mutuna as judge was hell bent on getting at Mmembe and Nchito even when the case had been discontinued. Nchtio and Mmembe would have been locked up a long time ago by Rupiah Banda and the MMD had they found them with a case since this happened on their watch. If Mmembe could be locked up for defamation in the Chansa Kabwera case, what about this very big issue of K14 billion? Lets ask ourselves these questions before condemn innocent Zambians to the galores.

    • Ba Christina Taylor, read that judgement again and you will confirm that Mutembo never signed that guarantee and it is also a condition for personal guarantee that a seperate agreement be signed by the Director with the lender, there was never such a thing hence the feeble legs stood on and that is why the Managers who gave that loan should be hanged, in any case it was a consotium of banks that sequested and syndicated that loan, why is DBZ the only one crying wolf?

  13. With refer to comment 11 (Pachushi.com) note that law provides for lifting of ‘VEIL OF INCORPORATION’ to stop shareholders hiding behind the veil of limited liability to commit illegal and fraudulent acts.
    Mmembe and Nchito as streetwise and responsible citizens should have put in place robust corporate governance arrangements that should have ensured their company honoured its financial commitments to DBZ.
    DBZ needs responsible borrowers for furtherance of its core objectives of providing projects development finance.

  14. It is disappointing to know that the so called opposition parties and movements have no clue of a basic company law called the entity concept. The business is regarded as a separate entity, distinct from its from owners or managers! The owners are not liable for any losses or  liabilities  the company encounter.
    #14, the reward of the the risk in lending  another company is profit, how do you think banks make money? They win some and loose some, it is part of the investment game.

  15. @The Nigga of Nagasaki – muliye nzeru aati ? mwati muutu mulinao baba ???
    UKWA IS THE MOST STUBBORN PRESIDENT ZAMBIA HAS EVER SEEN
    NOW, HE GOT ONLY 42%
    PART OF THAT WAS WESTERN PROVINCE WHICH HE HAS ALREADY LOST
    MY VOTE HE HAS LOST BECAUSE HE IS JUST SO USELESS KNOWING NOTHING ABOUT WHAT HE IS DOING
    COME 2016 ! 50% + 1 VOTE
    HE WILL ONLY HAVE 27% OF THE VOTE AND YOU ARE OUT !!! UKWANITES AND PA FWAKA
    APPLYING MATERO ECONOMICS TO MODERN GLOBAL ISSUES !!!

  16. # 16 Christina, You cannot personally  guarantee a company loan, this was not a sole trader company. A good business plan, showing  good returns in the coming years is enough  to convince a lender to give you starting capital because he will benefit. It is not about how much assets you have, DBZ invest in capital projects, don’t confuse it with commercial banks.

  17. @The Nigga of Nagasaki mind your language, even on a Sunday ma F-U-C-K words..Muleyako naku church

  18. I find it ridiculous and nonsensical for so-called opposition leaders to go on trying to stop the wheels of democracy and development. This ignorant ranting against Mutembo Nchito and Mmembe in a country where there are courts where aggrieved parties can go is tantamount to anarchy. As others have already pointed out, the issues of Zambian Airways have to be dealt within Company Law. Furthermore, Mutembo Nchito was appointed through a process that included MPs. Why continue to agitate when we need things done in our townships and country rather urgently? Sata was never involved in the process of lending money to Zambian Airways, it was late Mwanawasa. If people are not happy with the Companies Act, agitate for its change so that it works better in such circumstances. Get an education!

  19. Mutembo do the honourable thing by falling on your sword; then the corrupt judges will have no excuse, but to face the music! Go on. You will still be a successful lawyer even outside government.

  20. @Despot, @Yayayaya and  @Exhaust Blown Diffuser. You cannot lecture me on bloody squat.Ever heard of the word Transition? I know a lot more about whats going on in Zambia then you will ever do. Continue blogging in ignorance, you have every right.

  21. Demonstrations, and peaceful demonstrations are a healthy way of expressing ones democratic right. However, when the agenda of such demonstrations are clouded in some suspense, then it becomes a responsibility of every peaceful loving leadership to prevail. This does not in anyway infringe on anyones constitutional rights. Constitutional rights are not a preserve for only those who feel aggrieved but also for those not aggrived. Therefore, if the said demonstrations are going to infringe on the peace of others, such demonstrations can not be condoned. Issues of corrution, removal from office etc can all be resolved through judicial recourse. Even DPP Mchenga at his worst never got to face demonstrations.He prevailed on cases of impropriety too involving billions of rooted public funds.

  22. Imwe bakabolala leave the man of God alone Mutembo is a clean man he is not a crook you are afraid because he is a God fearing man and he has proved to Zambiabs that he has no room for corrupt chaps like you.You lost the elections and you have no thing to offer Satan is a liar he can not touch the servant of the Lord who fears the Lord. I know crooks are afraid 

  23. Viva Mutembo Nchito we are behind you remember when the Lord acts no one can reverse it. please don’t be afraid crooks are afraid we have just seen the fruit of your labour one is behind bars more to go 

  24. Allergic to corruption in a muchingan way indeed! Only congenital criminals will tolerate mutembo’s dirty deeds. Honestly you people where is your decency? Mutembo has no morals. We are not interested in his religion. It means nothing! So please spare us that nonsense. It does wash with rational people.

  25. Good evening

    Not quite convinced about the significance of this demonstration but reading through the article, I can only endorse the last sentence.
    Lawyers are simply amazing to me. After studying for a long time, they make rules which they themselves rarely practise.

  26. A person of integrity would have resigned. But hey, it seems people get into government to forward personal financial agendas and gains. If it was to serve the people half of these mofos should resign.

  27. Imwe bakolwe, leave Mutembo Nchito alone. He single handedly challenged the corrupt MMD government when non of you minions had the nerve to stand up for fear of incaceration. If you want to find out the truth about the K14 billion DBZ saga, why don’t you allow the tribunal to proceed with the investigations? That’s why judge chisanga is procrastinating because it’s going to open a can of worms that will involve and affect a whole lot more judges because then, Mutembo will have to testify and give eveidence that he and Mmembe through their companies have. Get real and leave the man to continue prosecuting the true criminals and culprits instead of fishing in the air. Stupid *****s, mwebana bamashilu imwe.

  28. A true child of God would have resigned to prevent draging the name of the Lord into the mad. PF supporters are just being stubborn and following blindly. Don’t let your hatred of other Tribes blind you from the truth.

  29. problem pa zed ..most of you are use to read and hear about plunderrers so you take it that Mutembo and M’membe are plunderers.. just learn to appreciate that Zambian Airways ( in liqidation) was a limited company and you can’t deduce otherwise.. efyo mwipaila abanenenu ba satana imwe just leave Mutembo and M’membe and concentrate on national development. Mutembo keep it up with your good work and our country has always benefited from your style of prosecution. M’membe keep on informing us about the state of our political economy and providing checks and balances where necessary since our hopeless politicians have failed to do that job!!!!!!!!!!!!!!!!!!!!

  30. If Mutomba Nchito resigns or step-down, because he can’t be fired, then we will hear very unfortunate things happen to him. The 7 people he has mistreated in Zambia are simply too many…. M. Nchito ifishikumana fiwa, kaili Lesa ni malyotola.

  31. edwin sakala boyi, lets just eat nshaba on cairo rd i normally find u stand and beggin 2pins for pamela. How can you put forward such illogical logic before the police and expect them to grant u permission. Is this about mutembo or its sour grapes and jealous of pf[-(

  32. people sayin pf after all only managed 42%, did anyone stop UPND, MMD, UNIP, from getting 42%. Pf is in power coz they beat these small disorganised parties for teenagers. Which is better pf’s 42% or upnd’s 23% [-(

  33. Ooh, so you are not demonstrating against suspension of judges but Mutembo Nchito’s PENDING CASES IN COURT? How nice. The minister Zulu “has not conducted himself well”, the draft constitution “has sneaked in a clause to allow homos”… These are rantings of bitter and desperate fools. Mutembo’s cases? Go to the supreme court. Zulu’s conduct? What specifics? The draft constitution? Why don’t you submit? Dalo, dalo, dalo mwana wanga Sakala…

  34. And has the draft constitution really allowed homos? Those who have read the section talking about marriage is it true? What draft is he reading? The constitution is not supposed to be written like a novel. It is lean or in summary, concise and clear. There must be subsequent laws as enacted by parliament that spell details like what Sakala wants to see. In the draft I saw “…between a man and a woman”. How is that promo for homos? I ask!

  35. Sour grapes! Snr. Citizen try to sober up the you did when your corrupt party just lost elections last Sept. Walefwaya ukwingila mu bwendo mudala iwe, walaba. Now, you have started noseating us again with empty stuff. You pipo are just scared of Nchito coz you know what he is capable of doing as long as he remains DPP in this country. And you Sakala with your ZDDM may be you should change the name of your org. to “Zambia Indirect Democracy…….”. What direct democracy are you preaching to us when…………..; is C.J brother????????

  36. Is it time to demonstrate over draft constitutional clauses already? I thought its still being reviewed, discussed, debated  and submissions being made for inclusion/ removal to the T/Committee. I  don’t mind them expressing their dissatisfaction in other areas. 

  37. Chief Justice Sakala Resign
    DPP Nchito resign
    ….if ur honorable men, the challenge is on you two!

  38. Every time u want to debate even on issues u dont understand, as ignorant as u are about law! Some people have blogging demons eish..

  39. FYI blind followers os Nchito et al
    “We have seen this happen before in Kenya between 1992 and 1995 during the period of the “radical surgery” of the judiciary in order to remove the cancer of corruption which resulted in mass removal of judges and gave the executive incumbency of President Kibaki an opportunity to “pack” the bench with politically pliant judges. The result was a more compromised judiciary than an independent, fearless and impartial one. No wonder why after the election irregularities of 2007, there was no one who was prepared to submit their cases to the courts with the resultant serious and widespread violations of human rights including extra-judicial killings and enforced disappearances. Society was fractured.”

  40. Some else for your reading pleasure “..It seems that due process was not followed. It is a worrying departure from the constitutional provisions.” Dr Karen Brewer, Secretary General, Commonwealth Magistrates’ and Judges’ Association

    “While one may not be opposed to legitimate expression of judicial accountability, such exercises must observe due process as required by both the international and municipal regimes of law on judicial independence and the rule of law. One would recommend therefore that the constitutional procedure be followed in Zambia” Martin Masiga Deputy Director at the ICJ Africa programme”

  41. @22 steve kindly look at the portion of the Judgement below ( an agreed statement of facts) and educate me and the other “dunderheads” on this site why the judge was NOT in order to lift the Veil of incorporation” personal guarantee by the Third Defendant for the full value of USD 5.5 million; and key man insurance, of the key promoter being the Third Defendant for the period provided in the various offer letters from the lender banks who were party to the transaction. The Plaintiff’s portion of the loan was in the sum of USD 3 million was at the material time equivalent to K14 billion. This amount was duly drawn and utilized by the company.
    To me ,the “uneducated in the nuances of Company Law it would appear there was a personal guarantee by Nchito

  42. ALL THESE CALLS FOR DEMONSTRATIONS AGAINST THE DPP ARE BEING ENGINEERED BY PEOPLE WHO ARE CORRUPT AND ARE AFRAID THAT MUTEMBO WILL CATCH UP WITH THEM. THESE DEMONSTRATIONS WILL NOT YIELD ANYTHING. INFACT IN MY VIEW, THE POLICE SHOULD ACYTUALLTY ALLOW THEM TO GO AHEAD. MUTEMBO IS HERE TO STAY. THIS IS THE ONLY CHANCE WE HAVE AS ZAMBIANS TO HAVE AN HONEST MAN AS DPP. THE CORRUPT JUDGE TRIED TO BRING IN THE ISSUE OF K14BN TO FIX MUTEMBO. BUT THIS HAS NOT WORKED. MUTEMBO IS IMPECCABLE IN HIS DEALINGS. SOME INNOCENT ZAMBIANS ARE BEING MISLED BY CORRUPT ELEMENTS TO FIND FAULT IN MUTEMBO. YOU WILL FIND NONE.
    THE BEANS IS ABOUT TO BE SPILLED. JUST WAIT. JUDICIAL REFORMS ARE A MUST. IF IT MEANS DISSOLVING THE ENTIRE JUDICIARY, LET IT BE. WE ARE TIRED OF THIS NONSE

  43. MUFUMBWE #25, Sir you do not seem to understand why people are agitated with Nchito and Mmembe. It is because they have not accepted both the judgement of the Court and the judicial process itself and have involved the President instead of appealing the judgement in the Supreme Court. The fact that the President has entertained them makes it legitimate that citizens now see a curtail trying to use influence to steal public money. As for MPs, I believe they were misled by the nominee himself and might not have ratified Nchito had they known the controversies surrounding him. Finally, I believe you are the one ranting with ignorance because the issues of Company Law were ably dealt with by Judge Mutuna.

  44. #29, PROGRESS, Mutembo may be a man of God and many of us have nothing against him and believe me, we are not thieves. But Mutembo borrowed money, a lot of money (Billions more than Liato) AND HAS NOT DENIED IT. Every reasonable person would expect him to pay back the debt and give a good example of Godliness. He has not done so. Being a friend of the President does not absolve him of the case and insulting others will not make Mutembo innocent.

  45. Please MUTEMBO jail these thieves who have no sense of shame when stealing. Dont listen to their useless allucination, but make sure that every thief is jailed period. We are behind you as usual….

  46. Jail even the MMD and UPND for stealing the 3 billion through the fake NCC. Dont relent, jail them these untamed thieves. We want you help clean Zambia of thieves. Jail them all. They are really spending sleepless nights..hahaha.

  47. Why would Mmembe & Co appeal to the Supreme Court when Judge Mutuna showed them the fallacy of their legal argument trying to hide behind company law? Same as the judgement by Judge Fulgency Chisanga, the Attorney General knows that he cannot fault the Judge’s legal points. Well anyway miracles sometimes do happen in the PF government, with Abra Cadabra and a few prayers and biblical proverbs by the Archbishop of debt Mr Fred “Michaelisation” Mmembe. Guys, we must keep up the pressure and ensure that the “miracles” they hope for don’t happen or we lose our K14Billion which they have stashed away somewhere.

  48. That is stupidity of the highest order, Mr Mutembo has done nothing, his name is clean, by the way his appointment was ratified by Parliament. As far as we are concerned until proven he is the right person to head that important department. Should any one has issues please report to police. You opposition if you have nothing to offer please shut up, let the man do his job as professionally as possible. I know you fear him, he will teach you a lesson, should you be found on the other side of the law. Mr Nchito stays, do not waste your time even to demonstrate.  

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