Former Republican President Rupiah Bwezani Banda has protested against being prosecuted by Director of Public Prosecution Mutembo Nchito because it amounts to abuse of process for him to continue.
He wants the matter to be referred to the High Court for constitutional determination because the prosecution was irregular and violated his constitutional rights.
In his affidavit filed by his lawyers, President Banda complained that
-Nchito was not impartial because of prior interaction
-Nchito continued to conduct investigations while prosecuting the matter
-Nchito told the Parliamentary Select Committee that considered his appointment as DPP that he would not prosecute him due to personal conflict, but was now doing so.
Banda accused the DPP together with his business partners, Fred Namakando M’membe who is the Post Newspaper Editor, of having a vendetta against him as a person when in fact they were wholly to blame for having exposed the Zambian Airways to financial debts from various institutions inclunding Finance Bank Zambia Limited and did not apply this money in accordance with the business plan they gave to Finance Bank Zambia Limited.
He revealed that Nchito and his partners wanted government to bail them out with public funds without supplying a transparent and proper account as to how they had spent the money obtained earlier from the state owned Development Bank of Zambia and other financial institutions.
“That Nchito and his partners in Zambian Airways were attempting to get waiver or deferment of tax arrears liability amounting to approximately US$1.9 million from government.
That when government did not agree to this request for a State bail-out, tax arrears waiver or deferment and deferment of payment of monies collected as agents for National Airports Corporation, Nchito and his partners developed a deep seated hatred and vendetta against me,” the affidavit stated.
Banda has appealed to the courts to stay the proceedings as this was an abuse of the process for an interested party leading the prosecution.
“That the DPP has failed in accordance with the law to perform his duties fairly, consistently and expeditiously in relation to me and therefore failed to respect and protect my human dignity and uphold my human rights, thus contributing to ensuring that the due process and the smooth functioning of the criminal justice system is not accorded to me. That there is a reasonable apprehension of bias by the DPP against me,” Banda said.
Banda charged that he was never involved in the failed Zambian Airways company but that its failure was as a result of imprudent business management by Mutembo and had nothing to do with the former president.
“M’membe, apart from being a friend and business partner to the said Nchito was also taken into the firm owned by Nchito to do his attachment and tutelage whilst he was undertaking his course for admission to the Zambian bar.
He charged that Nchito with his business partners M’membe and the Post Newspaper Limited embarked on a daily and incessant campaign of vilifying and defaming Banda through their Newspaper called the Post newspaper from as early as August 2008 to date.
“That the said Nchito and his business associates at the Post Newspaper Limited wrote an editorial on the 4th April, 2013 entitled “What is Rupiah afraid of?” in which their hate and bias to me was made clear.
He says the editorial also shows that M’membe and the DPP consider themselves to be one when dealing with him.That the only other matter Nchito has elected to personally prosecute and appear before the Subordinate Court is the one involving my son Andrew Bwezani BandaHe has also accused the DPP of having transferred the hatred to the entire Banda family when he led prosecutors in the conviction of Andrew.
A. Angosa for president 2016. Luwingu supporters will gather in numbers!!!!
Its not a prerequisite to be a Christian first for one to be a prosecutor.
Nchito is merely performing his duties as DPP
Those condemning Nchito must look at the whole story.
The prosecution RB is not personal but based on compelling factual evidence. RB violated the law and has to be held accountable.
if the courts find him guilty, then he must punished.
Dont do the crime if you cant serve the time
Zambian 5 point plan: WHAT’S IN IT FOR ME?
Gen – I don’t blame you. I rather blame Sata whose proved he can’t think. It’s Sata who appointed Mutembo as DPP.
Every Dog has it’s day, Sata is loosing in 2016, Mutembo and MuMembe will pay back all accumulated debt with compounded Interest. All there small assets will be forfeited.
who is this nonentity called Angosa in Luwingu…useless. dream further.
@ old rugs
like you have said about Nchito and Mmembe, if the courts find the liable and must pay back, they have to pay back. They have to be held accountable.
There is nothing wrong with that.
Whats so special about RB that he should not be held accountable?
President Rupiah Banda..the Lord will vindicate you.He has already began to vindicate you in the eyes of Zambians.You left our economy sound.You handled tax payers monies wisely.You had an intelligent team.You kept one Zambia One nation ..going.Sata and his stooges Nchito and Mmembe are messing up Zambia.For the first time in history the rule of Law is disregarded with impunity by those in leadership…May the Lord deal with Mmembe and Nchito. You President Banda rest in the Lord and see how he delivers your enemies to your hand.Though they trouble you today ,tomorrow they shall be no more.
This case is just a money spinner for Mtembo Nchinto and company law firms. Other wise RB will be vindicated one day. Stealing yes he might have but he he did it cleverly unlike Ukwa who is even boasting about it. That RDA in his bedroom will put his whole family forest into serious problems come the next government.
The obvious one which he can’t deny is the illegal allocation of K3.5 billion so far to Kaseba’s pseudo organisation. By 2016, Kaseba will have been given more than K7.5 billion illegally to spend lavishly.
It is shocking that some sectors of the parastatals like daily mail are now protesting for not getting paid for 3 months in row while Kaseba has billions of kwacha to play with.
Mmembe Nchinto, and Sata will pay back what they owe Zambians many times over. .
God does not vindicate thieves. It is not a requirement for the prosecutor or defence to be impartial. Only the Judge must be impartial. The Judge will look at the evidence and testimony of the witnesses. Why is RB afraid of Nchito? He knows that Nchito is Nchito!
He is looking for a weak prosecutor that can bangle the case or can be bought so that he escapes punishment.
@Gen you sound like a GENERALLY dull stooge of the PF system and no amount of TRUTH, LOGIC or HONESTY can change you, but remember God will save this country in 2016 – just about 24 months away my friend!…. I also hope you’re checking just how fast 2014 is running out.
just face the music RB you thought state house was forever? dont complain, exculpate yourself ex president
Ba Banda may God be the Judge between you and Nchito. May every truth be brought to light. May the guilty be brought to justice and the innocent be vindicated by the only true Judge, fair and righteous God. May he expose every lie and injustice. I pray that God will speedly bring the matter to conclusion. Amen
@Kudos. A good reminder to even the incumbent that state house is not forever.
And also a sobre warning to those who aspire for plot 1 (bwalya, chipimo, hakainde, milupi, nawakwi) that state house is a trap.
To date all but the late Mwanawasa have been dragged through courts. Kaunda was there with the infamous Xmas detention. Chiluba was a virtual house prisoner. Same is happening to RB. And unless there is a miracle, sata will follow suit.
Avoid jail ; dont apply for a job as zed president. After you leave, ba bbuju and shushushu will put you in ndende.
but iwe ndiwe chi zende zoona so su ona ati Sata ndiye a wononga chalo elo ukali namapepe yo kamba vausilu pali Ba RB Mwanya mukali ku vutika na Njoka yanu iyo
True true mdala! what kind of Christianity in Nchito practicing if I may ask, his conduct is more of a pagan or whatever they believe in like his partner in crime
Is nchito a Christian?to me he is a radical Moslem,95% of cabinet are not Christian but pagans,And why Zambia is called a Christian nation on paper but in practice and its laws are in conflict with Christian standard.
@chikubabeniso
if we were a radical moslem country people like RB would have been executed a long time ago.
Stop supporting wrong doings in govt is the country is to move forward
CHI KUDOS NDIYE CHE NI KAMBA
But AlaBEE avutika with this government he feels like it’s been a century of being dragged in the mud! Am sure he dreads each day that comes with a strong stance from plot 1, I dont doubt him crossing his fingers for his brighter day, a darker one for PF!
For God’s Sake how can Nchito prosecute RB when they have failed to pay K14 Billion Kwacha. This is criminal to have Mtembo and Nchima in Government they can exculpate themselves to the nation.
Banda is absolutely right on this matter there is no question about it. Banda has never messed up the economy like these guys so called Professional Fools (PF) who does not how to manage the economy.
Papa Rupiah Bwezani Banda was a good president with vision,well educated and made our economy fire on all cylinders.Now we just have visionless abusers drunk on power and witch hunt led by NchiSata.
Allabee was a damn good President who sustained the gains made by LP Mwanawasa SC (MHSRIP) after the political and economic damage done two former presidents (guess where they originate):
i. KK mushumfwa wamuyaya dic.tator one party state master dribble
ii. Ka shorty of zamtrop looting with help of chief shushush chungu using access finance conduit ran by faustin kab.we and aron ch.ungu and mass theft of companies at privatisation using frncis ka.unda and vlentin chi.talu
Alas, Allabee work is now being destroyed bySata (guess his origin) as economy crumbles. No money in pocket. Very high taxes. No constitution. No jobs.
The political and economic misfortunes when the ubomba mwibala group take reigns of government:
Ubomba mwibala group………
1. KK 1964 – 1991 – plunged economy into massive debt (US$7 bn) and ruled using state of emmergency. Many disappeared under this person of evil.
2. Then came political engineer, ka shorty. His trib.es mate called him ‘lazo’. A common thief he was with his tandem of relatives from D. Cha.nda to Xa.via Ch.ungu
3. And now facebook step father uwabufi na boza without brinking. He is busy getting nation into deep debt like KK did. $ = K6,200. Dictator using POA.
Non ubomba mwibala presidents………
4. LP Mwanawasa, the best president to date. Gave us HIPC. Economy grew. $ = K3,400
5. Alaabee. He kept LPM legacy with some…
Fyakwe fya,who cares?
It’s time to pay for Mongu atrocities. Thank God you have it easy unlike FTJ.
RB should run for the presidency once more. He has five years still left. His the only one worth voting for among the crop of current pretenders to the throne. Yes mistakes were made under his adminstration but nothing compared to the utter madness and incompetence of the current regime. Mumba is not presidential material the sooner the MMD realises this the better. As for HH I dont even know were to start. His unproven un-tested and too bitter to hold the highest office in the land. Its not very clear what he really stands for his akin to the western politicians who hide their true colors hoping and praying for the leevers of power.
RB should run for the presidency once more. He has five years left. In my opinion he would be the best candidate for the presidency. His far much better than the current crop of pretenders to the throne. Yes mistakes were made during his tenure but they are nothing compared to the madness and incompetence that we have before us. Mumba is not presidential material the sooner this is realized the better for MMD. As for HH I dont know were to start. His un-proven untested and a very bitter man to hold the highest office in the land. One doesn’t know what he stands for what he represents. U get the feeling that his just praying for power for the sake of it only for his true colors to be revealed then. LT not posting.
@Lusaka boy
I don’t see any logic in what you are saying about HH. HH is the man who has the capacity to inspire and show the whole nation how to gain wealth without ukutola fye.
Can you imagine he has more money than any politician in Zambia today. This is the money he made without having any political influence what so ever. To me he is the only leader who is ready to cut his pay by 50% and that of politicians by 20% unlike Sata and those guys you have mentioned whose sole purpose to enter politics is to enrich them selves.
Sata increased his pay three times in just 2 years in power. All the other leaders have no financial muscle to enable them share the national cake equally.
Finances aside, HH has all the qualifications and experience required to run a country. He is…
I have to declare interest here folks. I am biased in favour of Banda , which is an amazing turn round or me. I never liked the MMD later on Banda. HOWEVER, my country’s current situation makes me think I was completely wrong in my assessment. Compared to the incompetent PF I feel Banda and co were geniuses and angels. Nchito and Sata have taken this country in every aspect to a cesspit.
Your son was convicted fair and square. People forget easily, when you were in power, you allowed your children to run the show like there will not come a day when you will leave office and answer for all the corruption you and your family indulged in with impunity. I have no mercy for you, you deserve what is coming your way. Sata too should know his days in court together with his wife and children is coming. Enough is enough with these stinking thieving presidents.
I honestly think Chibamba Kanyama should keep clear of things he hardly understands. All he has is a one year masters of economics degree and this is not enough to make him really understand and appreciate what is currently happening in the Zambian economy. He cannot in one breath blame the decline on speculation & in the very next breath admit he remains clueless about the source of the currency slide? This is tantamount to stinking intellectuial flip flopping!
Sorry Sir, The man is not an economist. Check his site
For Kanyama’s own education, there are no perceived weaknesses in the economic fundamentals of the Zambian economy, there are real ones. Only a foolish govt would inject US$178 million into circulation to stabilize a currency whose slide reasons they are clueless about. There is no quantum withdrawal by the Federal Reserve Bank of the dollars circulating in the world & Chikwanda should stop lying about this as the reason for the decline. Even if this were the case, it alone would not stir up such a monumental slide in the kwacha, never!
Rb is totally absolutely correct. All the so called prosecution are totally personal evil induced hatred. It is purely vengeance against RBI. And such acts don’t last. Nchito and Fred mums des days are nearling everyday! Everyday that Passos these evil characters acts are being exposed. God hates evil and has time to panfish evil. That time is surely coming for these evil people.
Zambia has the most rotten injustice system. All these guys are stooge UNIP boys scrambling for power.
They all need to be jailed for at least, 10 years of each and be banned from practicing politics for eternity.
In my opinion, HH is the Hero of Humanity in 2016. Vote wisely. Tired of these mdalaz politics of finger nails and pointing. This must come to an end seriously.
Stay blessed people.
1 DOLLAR EQUAL TO 6.4 THE PRESIDENT IS HIDING IN THE HOUSE ONLY SENDING SMS’S.
During LP Mwanawasa (the man step father objected to being presido after ftj dribbling and then went to form this pf which is a curse to Zambia) it was
1US$ = K3 200 to K3 400.
But then LPM was not from ubomba mwibala masholi group.
Gen Nchito is not a saint, he tried hard to stop the old man from going outside eventually he stopped disobeying court orders. if Nchito was in US he would have been removed a lot time, he should not even be DPP, while owing us money, how
does Sata in his right mind appoint a country debtor as DPP so he can escape the law
but for how long, before he faces the music, we haven’t forgotten our money, we wil soon appoint neutral people to decide his fate instead of those useless corrupt,contaminated people who cleared him,
We all sin in one way or the other. The court people that are judging others if you were to sit and look at your own lives, you were also going to see that you are not right in that sense. What you do or you have done is right then go ahead and judge and sent others to prison. If you are not right, then think twice. If the DPP is not clean, why then take up such job? may God be the final judge. I know we do things sometimes because we are blinded by power or money. Whatever we do, let us do it as if it was the Lord doing it.
This is the time when the Bembas and Ngonis must team up to refuse to read the mischievious tabloid, a medium that is openly linked to subversive activities against the peoples of Zambia. This treacherous newspaper has also been used as the tool to hound the Chitimukulu in Kasama, many Chiefs in Chipata, Mambwe, Petauke (Eastern), in Chibombo, Kapiri-Mposhi (Central) and now has turned on the acidic pipe on Mwata Kazembe in Luapula. A mere refusal to read this noxious paper will send the correct signals that Zambians are fed up with misrule executed by Nchito and Mmembe hired by PF.
Recent revelations on Mmembe’s 2011 subversive activities against the Lozi speaks volumes.
Time is running out fast. There are only 21 months more for Zambians to breathe a sigh of relief.
Bane bonse who are participating in these writings should remember that Zambia is a Landlocked Country.Even to day it is the same.But credit should go to our Founding Father in Politics Dr.K.D. Kaunda.Yes he was not alone.We have lost friends,relatives and many innocent people to liberate Angola,Namibia,Mozambique,Zimbabwe and lastly Apartheid South Africa through talks.
Do not mix certain issues.SUBJECT HERE IS RB AND NCHITO.Do not reflect on Kaunda did this, did that.I know it is part of History.History will never die in true sense.For us pass certain exams we had to answer in affirmative over Dr.David Livingstone as the first white man to see CHIPOMA CHA KU MASATUNYA.He did is part and this what we are benefitting by having IPADS,SMART PHONES,INTERNET,ZOONA MONEY EXPRESS etc.God bless
Banda we are behind you, Mumembe and Nchito will soon dance to their own music. For Mumembe, former accountant, deep down your heart you know how you acquired that Post from the rightful owners. Anyways, Banda you had your own faults but you left an intact economy unlike this case now where the kwacha is being thrown to the dogs.
Zambia needs a public protector.I love the work of Thuli Madonsela and his deputy Kevin Malunga(Zambian).Zambia can do with such an office.God bless Zambia.
If I was RB, I would not complain against Nchito performance. Instead he should be grateful at the incompetence of the prosecution.
On the other hand, it looks like RB is suffering from self induced amnesia as to why PF has won election in 2011.
Let us not forget who has destroyed legacy of fairness, accountability and good governance achieved by his predecessor.
Mongu atrocities done by Sata and M’membe
Mwebantu Ba PF nabafilwa!!! I dont know where they taking this country.its like they are crueless.Frankly speaking RB and his MMD was far much better than Ba Sata and his PF.
How can the local currency be getting weaker every minute?Do we have intellectuals in this Government who can control the economy and give us the best results?We wanted change so that we could move a step aheard but little did we know that the choice we made was a wrong one for the results we expected.Mr President sir, Please for our sake overhaul your system.critically look at Minister of finance and BOZ. Else your Government is likely to become unpopular at the rate we are moving.
Uza chiona RB, when you were presido you closed Zambian airways, grabbed FB, sold Zanaco and Zamtel with impunity with yo ‘smart’ Dora and you thought you are clever. The bible says when you are elevated make friends not enemies because one day you will go down certainly and that is when the difference will be. Remember the story of the Shrewd steward in the bible who wrote off his debtors debts.
@Matrix. The Kwacha is now twin of worst performing currencies on earth. My man, what do you say? Isn’t this a serious indictment on those in power?
yes……………………………………………………………kwacha to dollar
its breaking history
kaponyas at work
blackmarket doesn’t understand the economy
kusadabwa
Ladies & Gentlemen,
Have you noticed that Mushota is missing. Just wondering.
Syilvia Masebo has been fired by Sata
he has done well.
remember that do unto others as you would like them to do un to you.
masebo knows,just like sata will know what he is doing now to RB.our HH will take over.cant wait 2016
cant wait to see ukwa mumbling
make him appear at kmboni local court
Bwana Rupiah just concentrate on defending yourself. M’membe and Mutembo were not there when Anhui Foreign Economic Construction company was bribing you with those cheap vehicles. How can a sane president be bribed with second hand motor vehicles? But this former president was a very CHEAP head of state. Ama second hand canter eyo wingalasebaninapo iwe CHIMUDALA?
RB is not afraid, its the issue of dubble standards in the prosecution team that matters
Personally if I were RB I would be relieved to have this half-wit Nchito who bungled the FTJ prosecution as my lead prosecutor going up against me. Fortune favors f##ls and that’s how Nchito got his status.
Am with rupiah banda 100% m’membe and mutembo nchito are using rbs cases for their own personal vintaters. As a matter of facts what cases has nchito won the guy is simply incompetent .
NCHITO IS TOO SENIOR TO GO TO THE LOWER COURT AND PERSECUTE BANDA.AND HE IS NOT A RIGHT PERSON TO PERSUE BANDA.
Does it really matter who pulls the trigger if you are sentenced to death by firing or does it matter who prosecutes if you truly are innocent? If Mr. Nchito has whatever, he has against RB but if RB is innocent then Mr. Nchito is just wasting his time. RB, just wait and and defend yourself.
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