Thursday, April 25, 2024
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Nchito, M’membe must pay K38bn

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Prominent Zambian citizens have demanded that Director of Public Prosecutions (DPP) Mutembo Nchito and his business partner Fred M’membe who is owner of the Post Newspaper should immediately settle the K38 billion they obtained from Development Bank of Zambia (DBZ) loan by fraudulent misrepresentation.

The Zambians have petitioned Minister of Finance Alexander Chikwanda and Speaker of the National Assembly Patrick Matibini to immediately begin the process of recovering K38 billion owed to DBZ by Nchito and M’membe.

They have stated in their petition that it was a fact that the defunct Zambian Airways through Nchito and M’membe as its directors obtained a loan facility from DBZ of K14 billion and that the amount had since risen to K38 billion due to interest.

In a petition signed by the 23 citizens, the demand is that it was the duty of Chikwanda as Minister of Finance to immediately collect the debt from Nchito and M’membe on behalf of Zambians.

They said it was also the responsibility of Dr Matibini as the Speaker of the National Assembly to take care of national interests at all times in the case of the DBZ loan which has over the years raised a lot of controversy and political consternation.

The petitioners have also demanded the immediate commencement of the process of collecting the money to make it available to other worthy causes.

It was the High Court ruling that Nchito and M’membe as directors of the defunct airline should pay back the DBZ loan which led to the suspension of Supreme Court Judge Philip Musonda and two High Court Judges Nigel Mutuna and Charles Kajimanga.

Subsequently, a tribunal was set up by President Sata headed by Malawian Judge Lovemore Chikopa to investigate the three Judges.

The prominent citizens that have petition Chikwanda and Dr Matibini to recover the K38 billion from Mutembo and M’membe include Fr Ccharls Chilinda of St Ignatius Catholic Church, Fr Leonard Chiti who national coordinator, Jesuit Theological Center Reflection (JCTR), Lucky Mulusa who is Solwezi Central Member of Parliament, Brebner Changala, Lusaka civil rights activist, Dante Saunders, political activist, General Malimba Masheke and Beatrice Grillo of NGOCC.

Other prominent citizens that have signed the petition are Ambassador Joe Mwale, Winstone Chibwe, Edward Mumbi, Muhabi Lungu, Everisto Mumba, Mutengulu Wange,Rev Rapheal Nakachinda, Grandwell Mtonga, Richard Kapita Namakau Kabwiku, William Harrington among others.

In the week before the Patriotic Front intra-party violence that saw the pro-Wynter Kabimba faction clash with the Julius Komaki group demanding the expulsion of the Justice Minister, the ruling party Lusaka district acting vice chairman had given Nchito and M’membe a 14 day ultimatum to settle the K38 billion DBZ debt or face citizens arrest.

“We the undersigned citizens and signatories of this petition draw the attention of the Minister of Finance Alexander Chikwanda and Speaker of the National Assembly Patrick Matibini that the defunct Zambian Airways obtained a loan facility of K14 billion from DBZ which has risen to K38 billion due to interest. We therefore demand that these monies must be paid to DBZ forthwith without any undue delay,” reads the petion in part.

The petitioners stated that although the directors of the defunct Zambian Airways had appealed to the Supreme Court, the appeal did not act as a stay for DBZ not to recover its money. They said the fact that the money had not been paid, other worthy borrowers in need of capital to establish and enhance their businesses were being denied the opportunity to borrow.

[Daily Nation]

63 COMMENTS

    • Sata knows when to strike bane. Just wait, actions against DPP and M’membe are reserved for last when his popularity will be down the drain.

    • Everytime I write Mmembe, Nchito, Kabimba, my computer simply shuts-down, black out completely. Those names must be infected with viruses.
      I have to use this other new technology up, I don’t even know what I am using is a kindle, ipad-whatever… and none of the above thieves has it. She bought for me.

    • Leave this petition on freedom stature for more Citizens to sign. Within a day you collect thousand of signatures.
      Let them pay.

    • @2020 I agree with you entirely.As a parishioner there and to keep my BP normal,I have opted for the Saturday evening mass when there are no question and answer homilies
      lol ……..and who knows,I may just be more tolerable to my Adventists friends

    • Our message in 2011 was clear. Whoever doesnt heed to the Zambian peoples voice gets booted out there and then.

      Now we need our money back from MuMmembe and his minion, and we want it now….

    • It’s not the names that are infected with a virus but your minds. The law of ignorance is keeping Zambians from venturing into business thus keeping the country stagnant.
      The Development Bank, is an independent institution, irrespective of being owned or partially owned by the state. The chief justice or the speaker of the national assembly can not interfere with the banks activities.
      The bank is issued against such loses.
      Receivers appointed by creditors sold off all properties belonging to the now defunct Zambian Airways.
      People pursuing this case are doing so out of vengeance and jealous. If they know better why not take a private prosecution against the culprits.

    • I’m afraid this can’t go without a comment from me. These deceiptful crooks but pay and we should ensure that interest is recovered as well. They are both what one would lebel as “wolves in sheep skin”. Mm’membe and exposed bigot who never seems to have limitations in how far he uses his print media to ruin the lives of his perceived enemies…he even quotes the bible for his own selfish interests. On the other hand we have “The DPP”…an exposed fraud in his legal dealings….how on earth do we find ourselves in such a situation when “power should belong to the people”… Go on table the demand for the repayment.

  1. we honestly need to clean our country, set the culture of responsibility and hard working than taking a piss, its time for Sata to prove he is a leader for the country than friends, lets collect every little we can and teach the young generation to be faithful to mother Zambia and show respect to its resources.

  2. Bravo to those gallant men and women who have managed to rise and demand for what belongs to mother Zambia.,which a few selfish molons want to conceal and steal from our beloved nation,may justice prevail!

  3. NOW THIS ISSUE OF 14B U HAVE STARTED CHECK THE POST HEADLINE UP TO NEXT MONTH U WILL SEE HOW SATA WIL BE PRAISED LIKE JOHN THE BAPTIST

    • President p[lease just now, otherwise this animal called mmembe is slowly killing you. Believe it or not he pulling you down. PLEASE ACT NOW

  4. PLEASE, PLEASE, lets distribute this petition COUNTRYWIDE & on the Net so that we can all sign – for if presido wants to sit on this case, We the people will find him wanting for FAILING TO PROTECT & UPHOLD THE CONSTITUTION by harbouring CRIMINALS – the next step obviously WILL BE IMPEACHMENT for failure to CARRY OUT HIS DUTY AS HE SWORE TO DO!!!!

    This is PEOPLE POWER!!!!!!

  5. Iliko bad, but it is misguided. They should have petitioned the supreme court where the court is. And exactly that is what Matibini is going to say. Parliament has no provision to interfere with another government arm’s business. They should have waited for the courts to let free these guys before referring them to parliament. Parliament is the court of last resort and so it can’t attend to cases that are still in lower courts. Don’t use politics to fight the law, use brains. Besides, It is up to the Banks who are owed the money to appeal to a higher authority. It is surprising that all these respectable petitioners representing all parts of the country can act so ignorantly. Don’t use politics, otherwise you lose! This will be thrown out as misguided. Watch this space.

    • @mwembeshi boyi, Chief Justice is their friend, so it can’t go further in that direction! This way it will stay alive and although they won’t get much, they will keep it alive rest we forget and become querulous towards their fight with GBM

    • Hired petitioners shame on us.HH and your supporters can you petition RAMCOZ share holders who had borrowed from Zanaco to pay politics pa zed that Loan was not obtained by Meembe or Nchito stop wasting time please if you have failed go win support shut up.Even the graduates are exhibiting ignorance leave the two alone

    • @9.2 Tell us your source
      when people run out of options, they even resort to something you can call illogical. This is about Zambia. If these people petitioning are hired then at least they are hired for a good cause. A court of Law has found these two liable to pay the money. There is no corporate veil here and even if it was there, then a person that was a Director of a company found to have acted illegally does not deserve to be the chief prosecutor even in a compound, later on our beloved Zambia. I am not worried whatever happens, one day they will be accountable, even if not to us. God created us with a conscious. There is never a happy thief. Uchenjeshi bwankoko, Pungwa tasakamana

  6. I hate the term “prominent citizen” what exactly does that mean? Are certain people more citizen than others? You see, using the term citizen alone could help us achieve more. Should govt listen to people just because they are “prominent” or should they listen to everyone? These guys could easily get 100,000 signatures if they cared to enlist people from Chawama, Chilenje, Chelston, Kabwata, Matero, John Laing, etc.

  7. Add me to the list….. Make it open to be signed by all Zambians. Where can we get it? Mwilasakamana tukabekata!!!

  8. The internet is here we need to circulate the list online and we will sign. Hang these *****s. Bamakaka.
    K38 billion is a lot of money only dreams can make it a reality for some in their lifetime.
    Ba mbwa imwe.

  9. ….how I wish the petition had a road map……’if this or that does not happen by that date…the next course of action will be A, B, C’…..bring LAZ on board for legal guidance…..then more of us shall jump onto the wagon….otherwise it will just end up as a news maker

  10. FELLOW COUNTRYMEN AND WOMEN, PLEASE GO TO FACEBOOK AND LIKE THE PAGE ” Mmembe-Nchito Pay Back Our K38bn”

    K38 BILLION IS A LOT OF MONEY. OUR NURSES ARE ON STRIKE AND HOSPITALS NEED MEDICINES, YOUTHS NEED LOANS. PLEASE ADD YOUR VOICE TO THE FACEBOOK PAGE.

  11. UNZA Student dies of Typhoid and Govt is failing to collect the money to address serious situations?

    Viva Facebook page” Mmembe-Nchito Pay Back Our K38bn”.

    Viva Citizen’s arrest!!!

  12. Hired petitioners shame on us.HH and your supporters can you petition RAMCOZ share holders who had borrowed from Zanaco to pay politics pa zed that Loan was not obtained by Meembe or Nchito stop wasting time please if you have failed go win support shut up.Even the graduates are exhibiting ignorance leave the two alone

    • I DONT UNDEFSTAND HOW A INCORATED LIMITED COMPANY BY SHAERS FAILS TO PAY THE DEBT THEN IT DIRECTORS SHOULD BE FOLLOWED, THATS NOT POSSIBLE. NOT EVEN ZRA CAN FOLLOW ANY COLLAPESED LIMITED COMPANY.

    • It’s politics at its best.I dont believe HH doesnot know that Nchito and Mmeembe dont owe DBZ any money.It is Zambian Airways that owe DBZ money.In fact,the Post bought shares in zambian airways when it already had the DBZ loan.Does the petitioner know that the matter he is petitioning is still active in court?

    • WASN’T THE BLOODY LOAN PERSONALLY GUARANTEED? LET US ALL READ THE HIGH COURT JUDGEMENT AND DISCUSS THIS ISSUE OTHERWISE YOU ARE SPEAKING FROM WITHOUT. THINK THINK AND THINK COWARD MUTEMBO AND VINDICTIVE FRED ARE LAWYERS, WHY HAVE THEY FAILED TO APPEAL AGAINST THE JUDGEMENT?

  13. @12 scuitinizerer
    Ati ”bring LAZ on board”
    Which LAZ a u talking about now! Ist the same LAZ headed by toddlers or there is a new one now.
    If it is be prepared for a circus.

    • ….@bush….since this case is in ‘courts’…it is just prudent that prominent lawyers get on board not necessarily LAZ….

  14. Ati prominent Zambians, and when l scrolled through the incomplete list l could not recognize anyone prominent. The trouble is LT has sold its soul to
    Daily Nation, hence we will continue reading garbage.h

    • daily nation are principled and can not sell their soul for a penny in the way your mother sells her pussssy like amasuku.

  15. At last some Zambians have stepped up. HH kept raising this issue and his reward were insults. Zambians!!!!!!

    Anyway, I am in full support.

  16. Of all the bloggers here, only one is senseless. Hope you know yourself. For once be resoanable and sense the profoudness of this issue. Don’t just be negative for nothing prodigal son!

  17. The establishment in law of companies limited by shares in England also known as corporations in United States was the determination to separate men from their businesses. When an individual gets a loan, then the same individual undertakes to settle that loan in an individual capacity. Now, when a company obtains a loan for the purpose of conducting business in line with its statutes, then that company will repay the loan in its business capacity. If the company fails to settle its loans, then the company will be pursued in open court for the purpose of recovering the whole loan or as much of it as technically possible. This may include liquidation, sale of assets, shares and loss of partnerships. What is unlikely is to catch directors, especially the CEO in their individual capacity.

    • I think what we have in Zambia is failure to distinguish between people who take risks to run businesses and those who borrow money for their own gratification. Zambian Airways was not fig leaf or smoke screen for Mmembe and Nchito’s own gratification. This was a Zambian airline which got into trouble. Instead of being sad and disappointed, Rupiah and certain sections of our society were actually celebrating. They thought it was an opportunity to settle old scores with The Post. Rupiah set up a long running investigation which got nowhere because no crime had been committed. A lot of banks around the world had over-exposed themselves at the time of the credit crunch. This was the case with DBZ.

    • Unless it can be proven that Mmembe and Nchito pocketed the money personally, any law suit would be a waste of time and money. Rupiah tried to interfere in this case when things appeared to be going against the state prosecutor. They tried to replace the presiding judge with someone else. This is what has the led to the stand-off between the PF government and those judges who have been suspended. If these ‘prominent’ Zambians have a case, they should take out a civil suit.

  18. @ Dr MAKASA KASONDE
    @ MUKAME

    Spot on. I’m very sure there are very few Zambians like you, especially on these blogsites, who analyse issues soberly for what they are. A lot of people want to comment politically on every story, it has become so boring being on Lusaka times. Now even paedophiles or child-abuse cases have become either PF or opposition!!!

    |As you correctly point out, what most people are ignorant of is that in a limited company the directors are not liable for any mishaps encountered by the company, unless evidence can be aduced to the effect that the directors used company resources for personal gain. But we have zambians here who want to be experts on everything including technical matters they don’t understand. This petition is ill-informed/

    • Makasa, Mukame and Mwembeshi, have you read the judgement by Hon. Judge Mutuna with respect to this matter? If you haven’t please before you speak lowly of the Zambian legal system as it relates to Company Law; GET THE JUDGEMENT !!!

    • @ Dull as usual,I have read the Judgement.The Judgement is full of things that were not raised in the hearing.The Judge was just getting them from his head.The Judge was not different from most of the bloggers on this site.You dig deeper about this case,you will discover that it was an arrangement of RB.Mmembe is mostly hated for supporting Sata.Some Politicians believe they stand a good chance of winning elections by weaking Mmeembe.They exagerate the influence of the Post.
      Mmembe is capable of surviving without the help of the govt,he has survived all these years.If all these petitioners busenesses are scrutinised the way Mmeembe has been,no one can survive.

    • @kalu that does not explain why the two have failed to appeal and argue on the evidence. The Supreme Court can read as well and based on the arguments from parties concerned that is the stupid cartel can argue that the judge was getting evidence from his ‘head’ which evidence is not on record. If that is true the S Ct can then rule in the stupid cartel’s favour. Maybe they can be kind to hire you as their lawyer instead of manipulating the executive like they have done. So far they are the ones behaving like they have been wronged; if we go by your argument. LT post the judgement so that we can have lawyers not biased analyze it and we can throw in one or two biased comments of course.

    • @Dull as usual,it seems you know little about this case.You mean you dont even know that an appeal is there? You dont know that the matter is now at supreme court?Please,dont play to the gallery,just dig deeper.The case file is open to the public.Do you even know that the loan was procured through experts,a consortium of banks,who even advised the Post to invest in the failing airways business in order to raise its capital?

  19. Kalu spot on!! Educate some illiterates here. Some people think The Post can go down every easy. RB tried but ended up being flashed out. Also FTJ who was even more ruthless failed. Good will always overcome evil.

  20. Whose money is it? if it’s ours then please pay back so that some suffering retiree can get their benefits.

  21. I still have great hopes that UNIP will still come back to life. and some lunatics think am dreaming, am not, because I believe so much in my God and the God I worship tells me through the bible that the tongue is very powerful, what you confess is what you will be. UNIP has a great leader. a civilized general, an encyclopaedia of wisdom, a chamber of knowledge and a man who has a passion for humanity watch out Zambians, open up your eyes to face reality we don’t need cadres in offices. God bless Zambia

  22. I’m not sure exactly why but this site is loading very slow for me.
    Is anyone else having this problem or is it a issue on my end?
    I’ll check back later and see if the problem still exists.

    My blog … Guneet Dave

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