Prosecutions Mutembo Nchito (right) sharing light moments at the just
ended 2013 Southern African Chief Justices Forum and Conference and
Annual General Conference at Zambezi Sun Hotel in Livingstone
It will be highly injudicious and a miscariage of justice for the Director of Public Prosecutions (DPP) Mutembo Nchito to continue holding on to his position when he (Mutembo) is being accused in the High Court in the now infamous Development Bank of Zambia (DBZ) loan saga, the Foundation for Democratic Process (FODEP) has said.
FODEP executive director MacDonald Chipenzi has asked Mutembo to search his moral and legal values and step aside or go on leave until the court process in his case was determined, for the second time by the High Court.
Chipenzi said the High Court Judges would have challenges in handling the matter because Nchito who is the DPP was the senior most in the judicial system and would certainly cause unnecessary presure on the judges.
Chipenzi told the Daily Nation that the Judges would have undue pressure in handling Nchito’s DBZ case because of the controversy that had surrounded his appoinment and the conflict of interest that would be generated from the matter.
Chipenzi said the judiciary was currently in a state of serious confusion with the Acting Chief Justice Lombe Chibesakunda having refused to vacate her office despite being inelegible to hold the position on account of her being disqualified by the constitution.
The FODEP chief said it was baffling that both Chibesakunda and Nchito had been controvercially appointed and that it would be an asault on the justice system of the country for the two judicial officers to continue presiding over their offices that require men and women with unquestionable integrity.
Chipenzi said if Nchito did not have the moral concsience to step down and allow the court case to proced without him in the office, President Michael Sata should consider invoking his powers and ask the DPP to go on leave until such a time when his court case would be over.
“It will be an assault on the justice system for Mutembo Nchito to remain in the office of the DPP when he would be prosecuted in the K14 billion Development Bank of Zambia (DBZ) loan. I believe the Judges report to him as the DPP and now his case has been redirected to the High Court for retrial. He cannot remain DPP while he is being prosecuted. As you know, the judiciary is already in a state of confusion with the Chief Justice Lombe Chibesakunda being challenged by the Law Association of Zambia (LAZ) to vacate her office because she has been disqulified by the constitution,” Chipenzi said.
Chipenzi explained that Nchito should avoid creating suspicions in the minds of the people that he was institing to remain in the office of the DPP so that he could influence the outcome of the High Court process.
He said there was no doubt that although the High Court would be prosecuting him as an ordinary citizen, it would be difficult for people to believe that his prosecution would be without undue pressure because Nchito was not an ordinary citizen.
Chipenzi said it would be fair for Nchito to go on leave and allow the due process of the law to take its full course in the DBZ loan saga in which Fred M’membe of the Post Newspaper and Nchima Nchito, the brother to the DPP were ordered to pay back the K14 billion DBZ loan they had obtained.
“Let him go on leave and if he cannot, the appointing authrity should force him to go on leave so that the court process could be concluded without him as the DPP. Let him wait for the conclusion of the case and he can get back his job after he has been cleared,” Chipenzi said.
this thing called Mutembo Nchito makes me feel that i am not a Zambian because of his dirty heart…pls Nchito clean up ur dirty mind and your dirty heart ….. and let jah take the way
I met Nchito and he is a humble guy
He is just a misunderstood good lawyer
Thanks
@ Mushota
A good lawyer does not go around forging court orders in order to win cases.
Don’t be mislead Mushota. He is a VERY stubborn and criminally minded fellow. I also thought he was humble when I FIRST met him. He is a good actor and conman!
FODEP executive director MacDonald Chipenzi is on police BOND. He too must take leave until court cases against him are completed.
Good and and well articulated Mr Chipenzi. However your lack of knowledge of the legal system has been exposed. Well…at least to those who understand it. Nchito is not being “prosecuted”. Prosecution only applies in criminal matters and this case, am afraid, is a civil matter. In addition Judges don’t report to the DPP but all prosecutors do. In theory, Judges do not report to anyone although there is a hierarchy with the resident judge all the way up to the Chief Justice. Nonetheless this does not alter the substance of your call that the DPP should step aside. not only because of this retrial development but on the fundamental premise that he’s integrity is undeniably questionable.
Excuse me,
Is FODEP a political party? What do Democratic Processes (FODEP) got to do with Mutembo’s civilian legal battles?
number 3, we can’t have questionable characters at DPP you understand that reasoning, this is not an ordinary case it borders on a lot of things and morals
Nchito is a grown man who needs to look himself in the mirror and question his
actions instead of acting like a conman, we are a poor country and we desperately
need that money, he needs to be patriotic and simply pay, cases like these can cause
uproar, a loan is a loan until the debtor forgives the loan otherwise pay up.
Do some research Mr Chipenzi before you make wild remarks. Judges do not report to the DPP. You are way out of your league.