Former President Rupiah Banda has rejected the intervention of the Director of Public Prosecutions (DPP) Mutembo Nchito in the prosecution of his business partner and friend Fred M’membe, describing the attempt as a total abuse of his constitutional power as DPP.
Responding to instructions by the Lusaka Magistrate Mwaka Mikalile to review the case with the DPP, Mr. Banda said that the decision by Mr. Nchito to prosecute his partner and friend Fred M’membe was abuse of constitutional power.
The intervention he has complained, would be, mala fides amounting to an abuse of the DPP’s constitutional power.
“You never consulted with the complainant or his advocates as to what your interest, public or otherwise, is and would be in the matter or requested to see the indictment before you made the decision to take over. You never saw it fit on your own accord to commence proceedings against the alleged contemnors but have since taken peculiar interest in this matter after the complainant, in seeking to protect his right to a fair trial, instituted contempt proceedings,” said Mr. Zulu.
He said that despite being aware of Mr. Banda’s discomfort with your involvement in the cases in which you have refused to declare interest, you have however, found it prudent to take over the cases against your known ally Mr. M’membe.
“Your exercise of power is unconstitutional as it, inter alia, infringes on the complainant’s right to a fair trial. Without doubt, your perceived bias is inescapable and is likely to render the proceedings a sham, mistrial and consequently a travesty of justice,” a letter written by former President Banda’s lawyers Makebi Zulu and Associate said.
According to a letter which was copied to President Michael Sata, the Attorney General, the Law Association of Zambia, PNP Advocates and Keith Mweemba Advocates Mr. Nchito’s involvement in the prosecution of his close friend, partner and ally Mr. M’membe was an abuse of power and unconstitutional.
Makebi Zulu and Associates stated that Mr. Nchito’s action would render the proceedings a sham, mistrial and consequently a travesty of justice.
Mr. Zulu has since asked Mr. Nchito to consider withdrawing from the matter and let the complainant former President Banda to proceed his original course of privately prosecuting Mr. M’membe.
Raising the concerns in the manner Mr. Nchito conducted himself by applying to prosecute the matter, Mr. Zulu said that, “We have been retained and act for H.E Rupiah Bwezani Banda who wishes to raise concerns over your action. On the 8th of May, 2014, your office did take over the proceedings relating to the prosecution of Mr. Fred M’membe and the Post Newspaper for contempt of court and further applied for an adjournment so as to review the case and meet with the complainant. The complainant, either by himself or his lawyers, did not inform you of these proceedings but can only speculate that you may have been informed by the accused, Mr. M’membe of his advocates,” said Mr. Zulu.
He said that the former President Mr. Banda has raised concerns that he Mr. Nchito was a potential witness and therefore could not prosecute the matter.
“Our client wishes to raise the following concerns, you are a potential witness in this matter as you have conduct of the matters in which the contemptuous articles allegedly relate to. You are a known business partner to the accused (Mr. Fred M’membe). The accused is represented by Nchito and Nchito Advocates, a firm in which you are a consultant,”
said Mr. Zulu.
He also stated that while Mr. Nchito was in private practice, Mr. M’membe was his client, adding that Mr. M’membe had been under his tutelage at Mr. Nchito’s law firm.Mr. Zulu also said that Mr. Nchito was a lead prosecutor against Mr. Banda in two cases which relates to the contemptuous articles in question.
“In view of the reason we have started, Mr. Banda is of the following considered views that you intend to protect your known ally and that your intention is to avoid being subpoenaed to testify against your known ally. Your action is against public policy and thus unconstitutional,” said Mr. Zulu.
[Daily Nation]
Nchito is a loser
I have a feeling that if Sata wins the second term, all the cartel members will be ditched.
Although whether that happens or not, the cartel’s life span will be spent in jail.
My name is Mushota Chimfwembe I am 27 years old.
I just want to say that :
Mr Banda has no credibility at all. In the end, you make your reputation and you have your success based upon credibility and being able to provide people who are really hungry for information what they want.
Brit Hume
Thanks
yes indeed RB should reject intervention from Nchito,,,,,,, why is Nchito being selective? Nchito should have intervened in masebo`s case and other high profile cases,,,,, why now?
Bane the constitution has been changed. I would like warn all the people who participated in changing the constitution that time will come when will cage all those responsible.
If this is true then a military coup is what I want to restore our democracy in Zambia.
Soldiers please wake up. You have saved us so many times from such tyranny before. I believe you will do the same in good time.
It is shocking but equally testimony to just how Zambians are taken for granted by one Fred M’membe. Even up to now and despite the obvious , M’membe continues to believe that Zambians are that dull not see through him and his cartel. How can 3 people (M’membe, Nchito and Kabimba)be allowed to hold the nation hostage? Their actions truly expose their vile determination to see RB suffer humiliation and they are prepared to do so at all costs (Not through their own pockets but using public funds and resources). It seems “abusing public resources” is something that M’membe and Nchito cant get away from. I think, in addition to campaigning for a new consitution, Zambians should also start demanding for the removal of the DPP and Justice mininster – if we are going to maintain some sanity
Mushota in your quest to defend PF and everything it stands for and your vile hatred for H.E. Rupiah Bwezani Banda and the Opposition in Zambia, you have ended up looking like an imbecile, because if you honestly call yourself “educated” how do you think H.E. Rupiah Banda is going to get a fair trial if Nchito is going to “prosecute”his friend Fred. Let us all learn to be civil and be able to tell a wrong wherever we see it.
Things are getting hot, how on earth do you prosecute your business partner. This is what happens when power gets to your head.
Aba baffikkala abena mumembe naka nchinto will be in maningi trouble. Utumattole utu tulemona kwati Zambia yatuko weka.
The cartel are sweating in their pants because Mmembe if found guilty then it will open up a can of worms now that Sata is slowly ditching them.
What a travesty of justice!
Yaba
Nchito and Mumembe watch the space as time is the greatest ally of the poor.
Hon John Phiri for Education and PS Malupenga for NWP,why is it that your PEO Malama and DEBS for Zambezi Tembo have been retired and were supposed to be on leave pending but they are still working making fake trips ? When gvt says it shud be 60 years,people are pretending to say its too much and yet they still want to work.The young brother to Ms Malama a former Headteacher retired 5 years ago and yet the elder sister still wants to work.
Telix is Very petty, Very personal. Small minds. Don’t bring tuma personal grudges on this forum.
The actions by Mr Nchito reinforces the old adage which says; “power corrupts morals”
Iyi yeve boss wayitaya mbuya. This is a clear case of abuse of office. taking advantage because of the title he holds. I think we should have just let him pick the case and see how he can manage to win the case
I honestly fail to understand why HE Micheal Chilufya Sata has not fired this scum called Mutembo Nchito! He is a big, fat let down to the president’s reputation. He’s so unprofessional and very personal towards HE Rupiah B Banda’s. Mr. Banda will never get justice as long as the fat-boy stays at the DPP’s office.
Mutembo should learn to have a sense of shame.
Banda is on terra fema(Standing on Firm Ground),on the same facts he can report Mutembo to LAZ for misconduct or in the alternative LAZ legal practitioners committee can in the interest of maintaining judicial integrity intervene.
Our NGO can as animus curiae engage LAZ or commence a public interest action because the matter lies in the public domain to have Mutembos action declared unconstitutional.
Mutembo should by his own volition declare an interest if he wants to maitain his integrity. I rest my case!
Ba Mushota, you have missed it. This is neither about RB nor his credibility, it’s about travestry of justice and access to blind justice by all – big or small, able or feeble, or whether holy or uncredible as RB is believed to be by yourself. Remember that justice must not only be done, but be seen to be done as well!!
Mutembo is just DALO DALO DALO DALO!!!!!
M’membe and Nchito are Team and he will make sure he presides over this case to make sure RB is found guilty or loses..this time he won’t get a NOLLE
Zambians you surprise me alot of times. When Nchito was prsecuting Chiluba during Mwanawasa’s regime, most of you where in support , but now you are insulting him..what is this?
But Mutembo Ncito is dull! I have never seen such dullness concentrated in one individual! Surely, he thought RB and team would celebrate, and he thought Zambians wouldn’t see through his scheme! Get a life young man if you want to walk with your head high in December 2014!
Iwe elo wishile mu Zambia? Dont you know that when Nchito was prosecutor in the Chiluba case was in private practice? He was engaged by Levy as a private prosecutor and made a lot of money. Now he is the DPP. Wautwa? Wanvela? Waumfwa? Waphulika?
Surely this is the time to ask Nchito to account for his abuse.
How true is the saying that bad company ruins good morals. Nchito’s mind has been corrupted by Mmembe. I just cannot believe what I am seeing happening to such a person. How did he become so vengeful? What did RB do to him that can make him so embittered? Something is not right here. Either he is not what he is, or RB is the most malevolent person on earth.
To describe Zambia as a banana republic would be an insult to banana republics everywhere. This kind of kangaroo court justice system the PF has introduced in the country has made us the laughing stock of the world, and something needs to done about it immediately.
Ba LT we don’t want paid people like the so called mushota to be misleading people. so what if the age is 27. People like this one contributes to the decline of morals in zambia
The only solution with some of these guys is 4 hollow point projectiles tapping their craniums at 330 m/sec.
Final solution
If enough of these fellows are buried. The rest will get the rough idea and quit f?cking us around.
The people that need to meet their maker urgently include:
Summer, acj, dp2, minjus, atgen, decdg, accdg, spkr, minfin, zpig.
Maybe then he’ll sit up and smell the coffee!
Under Sata’s regime the crooks, in the name of Mutembo Nchito and Mmembe, and being supervised by Lombe Chibesakunda and Wynter Kabimba, are on stage to defeat the Justice system in Zambia.
It is strange that Nchito deliberately goes to persecute his well-known friend and fellow gangster in the act of degenerating this country’s legal system?
Mmembe and Nchito will deceive the people of Zambia in their hay days most of the time; but time will soon catch up with them to face the real justice system when normality is stored in Zambia.
wats wrong with our dpp?let banda be jailed 4 he cant amas wealth more than kaunda wu ruled 4 2decades and so yrs
Do lawyers in Zambia have a professional code of conduct to guide their operations?Accountants in Zambia will not perform an audit where they see a conflict of interest.Lawyers tell us what your code of conduct says on conflict of interest in a lawyer handling a case.