DPP Mutembo Nchito addressing delegates during the 3rd International Association of Prosecutors (IAP) Conference for the Africa-India Ocean Region in Livingstone at Zambezi Sun Hotel
DPP Mutembo Nchito

POLICE have issued a warrant of arrest for Director of Public Prosecutions (DPP) Mutembo Nchito for alleged misconduct and violation of the laws of Zambia.

This follows a complaint by former Finance deputy minister Newton Nguni that Mr Nchito faces 11 counts of criminal conduct, abuse of authority of office and uttering false documents.

Mr Nchito allegedly involved himself in these activities prior to and during his stay in office as DPP.

This is the first time that the holder of the office of DPP in Zambia is facing arrest over criminal charges.

Mr Nguni of Plot Number 297/401a, Saint Bonaventure in Lusaka filed the complaint in the Chongwe subordinate court today, pursuant to Section 90 of the criminal procedure code CAP 88 of the laws of Zambia.

Among the complainants is that Mr Nchito had on various occasions allegedly behaved in a manner that violated the Zambian laws, hence his continuation in office as DPP undermined the integrity of the criminal justice system and was inimical to the interests of the State.

Mr Nguni alleged that Mr Nchito between October 1, 2011 and November 30, 2011 falsely swore and made a false declaration before the Parliamentary Select Committee in the National Assembly chaired by Lucky Mulusa at a time when the accused was seeking a job as DPP.

This misled the Parliamentary Select Committee to make positive recommendations on his application for the job.

Mr Nguni alleged that in the months between January and July 2011, the accused did engage in procuring execution of documents by false pretences whereby, by false and fraudulent representation as to the nature, contents and operation of a document, namely, an Order of Court did procure the execution of the said Order of Court under cause number 1998/HP/2097 before Supreme Court Judge Gregory Phiri, who was sitting as High Court Judge then, thereby misleading the judge to erroneously sign the said Order and in the process subverting the course of justice.

The complainant alleged that on March 13, 2012 the accused did abuse his authority of office when he entered a nolle prosequi in a case of the People and Shubert Sinkala without even seeing the evidence from the complainant Lewis Chisanga Mosho and indeed without even having the courtesy to liaise with the complainant aforesaid as regards the complainant’s meritorious complaint to the Magistrate.

Mr Nchito is on August 20, 2013, alleged to have abused the authority of his office by mischievously entering a nolle prosequi in a case of drug trafficking involving The People and Brebner Changala and Agness Kawandami before magistrate Aridah Chulu after the said accused had connived and instigated officers from the Drug-Enforcement Commission (DEC) to plant illicit drugs on Mr Changala and Ms Kawandami.

“These manoeuvres came after DEC had, on the advice of the DPP, swapped vermox tablets (also called Mebendazole) used for deworming human beings found in Ms Kawandami’s belongings with what was said to be methamphetamine (ecstacy),” Mr Nguni stated.

Mr Nguni further stated that the accused did engage himself in fraudulent contracting of debt contrary to Section 357 of the Companies Act Cap 388 of the laws of Zambia whereby the accused, as chief executive officer of Zambian Airways, was party to the contracting of a debt by Zambian Airways knowing that, at the time the debt was being contracted, he had no reasonable or probable ground of expectation of the company’s ability to pay the said debt to the creditors such as, inter alia, Development Bank of Zambia (DBZ).

“The accused also behaved in a contemptuous manner before the Puisne Judge Nigel Kalonde Mutuna contrary to Section 116 (1) (a) (i) of the Penal Code Cap 87 of the lLaws of Zambia whereby the accused jointly and whilst acting together with Fred M’membe and Nchima Nchito showed excessive disrespect and discourtesy in speech, manner and indeed committed acts of intentional disrespect to judicial proceedings and to the said judge before whom such proceedings were being had or taken,” Mr Nguni stated.

“I am, in view of the foregoing, and by virtue of this written complaint under my hand, desirous to institute or commence criminal proceedings, as I now hereby do, against the accused person pursuant to Section 90 of the Criminal Procedure Code Cap 88 of the laws of Zambia,” Mr Nguni stated.

nchito

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72 COMMENTS

  1. And I quote C Wabwino; “Ndeo Ni Yo Yipa!” “Efuma Kanonkola” “Wina A za Lila”

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    • Wapya umushi….. Banda is now after them. Lungu is just a puppet on a string… PF is finished. Banda and Lungu will merge MMD into PF and MMD is back

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    • in the name of president Lungu, mutembo nchito must be arrested,,,hahahahahahah!
      I see RB influence here,,, do you remember how RB was stop from flying right at the door of the plane by mutembe nchito??

      This is president Lungu hand in hand with RB,,, forget Sata`s vision

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    • The judicial system of Zambia is a joke of the highest order! Here is yet another case for us to learn from; will it reach its naturally conclusion or will it just disappear Zedian style?! ALungu the ball is in your court!

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    • There we go again. RB at work, it payback time. It’s gonna get even worse after most of the pro-Sata people are thrown out of government. The you will see true PF members rebelling against Lungu for going to bed with RB.

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    • Its Pay Back Time For RB.

      RB is now breathing fire on PF thugs who connived with Mmembe to persecute him.

      Next we shall hear Mmembe is also arrested for colluding with Nchito to undermine the Zambian justice system.

      Mmembe and Nchito of all people should have known better that there is honour amongst thieves.

      These fellas knew very well that they had skeletons in their closets and decided to start a fight they knew they would not win.

      Lungu during his campaigns made it very clear that, he will deal with the Mmembe and cartel.

      All those not following Lungu ‘s orders and supporting his decisions, will be dealt with and possibly jailed by 2016 to render them useless by the time elections are held,except HH of course.

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    • We told you Zambians that RB is your president .
      PF is being run by Banda that’s it and full stop.

      Nevers Mumba you are wolves in a sheeps skin beware of RB
      Money is not everything ba Nevers .
      RB wanted to take over from you and now this is the waste waste things you are doing and if those MPS who supported HH are expelled ,tell you that’s the end of PF and Banda coz MPs from MMD endorsed Lungu so twamisoka bane .

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    • I see this case going NO where! If so, it will consume PF’s deafness & visionless govt. Ignore this at your own self.
      It must be noted however that, PF wholly breached the zambian constitution all times, the PF one is even worse off. I say unto this b’coz the visionless Lungu was NOT elected democratically as PF president but by the way of LIFTING HANDS! Undemocratic mannerism of ANARCHY in the highest order, if we ponder on principles of democracy.
      Zambia’s justice system is very biased & rotten because it practices selective justice & injustices! Its people like RB & KK betraying the people, instead of being in retirement, but alas, UNIP mentality is back.
      This injustice system needs to be cleaned out of all recycled materials, otherwise time wasting.
      The Skeleton…

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    • Mr Nchito has been advised several times on this forum, to not just follow ‘orders’ but to act professionally and with integrity. Obviously he did not listen, and the results are coming out now. Good luck baba in defending these charges – actually some of them pretty clear and straight forward criminal offenses!

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    • A long awaited for Chapter Two at long last! It does, at least, keep us all on our toes, for the time being. Who knows what follows shortly after? This is Zambia, not Zanzibar or Zimbabwe.

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    • Ba elder, mwapya baisa! The hunter becomes the hunted. I expected him to be fired. I didnt see the warrant of arrest coming.

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    • The people of Zambia have been slumbering denials of their lives. Where is George Mpombo & Masumba today?
      Honestly these are criminals having freedom to looming again in society is a sham! It shows how biased & rotten the Zambian “injustice” system is. Fraud is a serious threat to everyone & democracy, therefore, Mpombo, Masumba et al must face justice.
      RBs cases of corruption charges for fraudulent activities with Nigerians oil dealings should show progress PF. Its been 3 years whilst in power PF, 1 less before next elections & justice can only be served when RB allegations concluded. He must be proved beyond reasonable doubt, thus his immunity was lifted & Lungu echoed it.
      Malawian Judge Chikopa needs to be incarcerated for that unreal tribunal, money back to…

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    • …the Zambian people, of which the majority are suffering extreme poverty!
      It was so painful to see Justice Nigel Mutuna, Ernest Sakala & Mosonda, respectively being discarded in the fashion that it was displayed by PF regime.
      On 5th May 2005, the London judgment on FTJs corruption cases of swindling the suffering Zambian poor people with million of dollars’ was entailed with a guilty verdict.
      Mwanawasa profoundly & transformed the justice system but “thanks” to RB without vision like Lungu, pedaled on Mwanawasa’s back yet had a different agenda. RB fled FTJ from justice!
      FTJ joined PF to save face from Sata, rigging went MMDs way & the former was shied away from justice by RB mambala to rent from his vocals.
      Injustices’ of Zambia!
      The Skeleton Key
      ~206~

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    • @senior citizen @saulosi

      Where and why are you hiding? Whats your take on Nchito’s arrest?

      Shied away coz Nchito is your friend hey?

      @kotondo boys has stopped posting spam because Lungu shanted him in Malaysia. He is disappointed but what can he do about it ,coz Lungu is in power and calling the shots? Zilch.

      Kalaba is next, he should not think that Lungu is his personal friend. Any more indirect threatening messages against Lungu will see him booted out and replaced by Lubinda.

      Lungu should be careful with Kalaba. Kalaba is a big snake in the grass.

      I would advice Lungu to drop Kalaba and send him into foreign service.

      I will be disappointed to see Luo and Kambwili back in cabinet. If this happens, then any little respect I had for Lungu will evaporate.

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    • Senior citizen ataba. He knows his masters have been compromised. Not even a cadre can defend RB’s hand in this

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    • We seem to be going backward. waste of time that instead of working to develop our country, we are chasing each other in stupid things.. Lungu is making a big mistake listening to RB..

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    • Truth don’t come in this manner. I need to see original copy of that Arresting Warrant. That handwriting looks too Zambian and very fake. I need authentic warrant printed out from Libongani’s computer, and properly signed.

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  2. I always wondered, do they get new bodies in heaven ? If so is there indoor plumbing ? What kind of toilet paper do they use? Perhaps wash their “NYASH” in a bidet?, using their left hand?

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    • BECAUSE RB IS YOUR PRESIDENT BEHIND THE SCENE,HE CATEGORICALLY WANTED TO FINISH HIS TERM OF OFFICE .
      ZAMBIA GONE TO THE DOGS SURE PIPO IFINTU NI LUNGU BUSY YAPPING .
      IFINTU NI RB.
      MULUSA NOW IS HAPPY FOR NCHITO
      NEVERS FEEL FOR YOU DEAR
      LESA NEVERS AKAYA KOCHA KUMO NOTUKONDO.
      NO WAY ON EARTH YOU EXPEL MPS WHO SUPPORTED HH AND THE REST WHO SUPPORTED RB GO SCOT FREE .

      PF UNDER RB WE BULANDA KWENA
      IYEE SURE BA SATA YOUR PARTY HAS BN OVERTHROWN END OF PF .
      PF IS NOW RB/NEVERS MUMBA KIKIKIKIKIKIKI

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    • One wise advice is “Always choose your battles wisely”.

      If as I suspect, the President is fighting RB’s battles for him, he will be bruised.

      You underestimate Nchito and Mmembe to your own detriment.

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    • Kamukati, good question indeed.
      It is now because RB is playing cards with the visionless leadership.
      Mr. Sata accepted Mutembo Nchito as DDP after parliament ratified him despite the innuendos of PF party currently. Indeed Sata braced Nchito & now Edgar Lungu who was chosen PF president by lifting hands is going against the legacy of the founding father of PF, Michael Chilufya Sata(RIP).
      The visionless Ed Lungu has just started the PF’s corruption, hypocrisy & losing battle.
      Otherwise Zambians should open their eyes, these politicians are friends, behind closed doors, they are eating, enjoying, celebrating & winning together. Playing politics on the heads of gullible Zambians. Wondering how & when will most Zambians wake up early from slumber?
      The Skeleton Key…

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    • You really wonder what type of people we are. Can someone rewind to the day RB’s immunity was removed. An injustice was done. We watched. Mutembo was reprimanded by Judge Phiri for forgery and to day you want the man spared? The man who has been DPP? Why not allow the law to take its course. If the man was/is innocent, he will be cleared. I feel the cartel was very vindictive and vengeful. Need I talk about Judge Chikopa? Had Wynter been a good and wise person, he would be president today. Wynter, Mutembo and Mmembe stepped on so many toes.

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  3. A bit contrived. Just wasting court time. This guy will cry like a baby when he is counter-sued after losing this case.

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  4. Too vindictive allegations – not going anywhere. Dead on arrival!

    How do you go on such reckless fishing expedition, without even regard for limitation periods?!

    Pa Zed sure, people like talking and hate reading and listening. Yes chachine tuli mat4ko and we’ll never be in front!!

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    • Mayo Mpapa you, your mother and the rest of your family are matako.
      The rest of the Zambians are in the front.

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    • Mayo Mpapa i repeat, you, your mother and the rest of your family are M4TAKO. the rest of the Zambians are in front

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    • SharpShooter,
      Rather, Blunt shooter, please grow up & don’t involve parents, especially mothers or family members of any blogger on this forum.
      Have respect for elderly women, in this case, Mayo Mpapa’s mother. You’re such a disgrace & menace to society.
      Learn to argue your points academically, diplomatically & respectfully towards others. Don’t ever bring innocent parents in your uncouth & vulgar language. Time to grow up is NOW, its never too late to do so.
      If you have disarming views, contend with etiquette and be like who is been to school, but I fear for most PF cadres.
      Is it until traditional drums are sounded for you to grow up? Uzakula liti?
      Leave mothers & women alone, focus on the topic like other bloggers.
      The Skeleton Key
      ~206~

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    • @SharpShooter, you’re a despicable sorry sight – how else can we call someone who insults other people’s parents and families?

      And you’re a danger to society; if you have no dignity this forum is not for you. It would not be unreasonable, therefore, to assert that you must be a panga-wielding nincompoop, who does not believe in intelligent debate.

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  5. Mutembo Nchito is a member of a known cartel!!!so he must be ready to face trouble now under EL and RB!!whether this is good for PF,i dont know!!

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    • President Sata adds that the Late Dr. Mwanawasa was committed and worked diligently to fight corruption but that his good will was abandoned by the Rupiah Banda led government.

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  6. Let him have his day in court. Everyone is innocent until proven guilty. Justice should be seen to be done. If the gentleman is innocent so be it. If on the other hand he is guilty, let the law take its course.

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  7. This Ngúni I hear he is a drunkard who is now broke. This is the same guy the were using in the failed now infamous instruments of power case. RB must definitely have a hand here. Let’s wait if Mulengeni, Edgar’s relative will also be arrested for misconduct after that fallacious consent judgement

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    • MULENGENI NOW WILL BE ATTORNEY GENERAL OR DPP .
      ZAMBIA UNDER RB
      BA NEVERS NABO AWE SURE .
      END OF PF

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  8. and the saga continues.next is membe.That’s my president,arrest the *****s they thought they own zambia.time has come for them to dance pelete.

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  9. Well things appear to be moving swiftly. I don’t hold out much hope of this going anyway near a crowded prison cell!

    Most likely there will be adjournment after adjournment and 5 years from now he will be reinstated or allowed to keep any monies fro Zambiar airways.

    No passion, save to say, I hope it is the new genuine beginning of fight against corruption.

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  10. The whole RB scheme is laid bare on the table. Start by fixing Mutembo for a multitude of reasons. This is the first step to the next one: Finance Bank and all those people who handed it back to Mathani (apparently, Edgar Lungu was among them). The RB team is still divided over Mmembe, especially the Post. On one hand, they want the job done this time. The Post must be liquidated before 2016 elections. On the other hand, they somehow need it to continue outpouring editorials against UPND/tribalism (as they think this works for them). What they are not sure of is whether allowing the Post into existence will be a leverage for the Rainbow party. On this one, it is still a heated issue. Lets wait and see, though the decision is to cage Mutembo, Mathani and Mmembe. Matibini counting his stars.

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  11. Mr President surely this is not the way to go. You are de-campaigning yourself. Your term is to short to make enemies. Leave Mutembo
    alone this is purely witch hunt MULEUMFWAKO NE NSONI. NANGU NI PAY BACK NI FI?

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  12. This is utterly disgusting. It is a perversion of justice and I pray that these charges will be dismissed with the contempt they deserve. The issue of the debt incurred by Zambian Airways was and continues to be a civil matter which should proceed and be dealt with as such. The vindictiveness with which perceived opponents are being pursued by the Lungu administration is alarming shocking and sets a very bad precedent for our country. The buck stops with the President and I am waiting to hear him say “not on my watch”. Whatever Mr Nchito may or may not have done, he is a constitutional officer and a senior officer of the court and as such hiring a surrogate to do what appears to be RB dirty work is crass and unacceptable in a democratic country.

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  13. Well, Ba Nguni will cry one day. He who laughs last, laughs the best. If RB thinks he’ll try to arrest the DPP because of doing his job for the corruption that he was doing is a misplaced and deadened venture on his part. Zambians can see through who is behind this and Lungu is a joke if he thinks this will work. Utter nonsense instead of concentrating on matters close to people’s suffering, they go on an expedition of malicious falsehood to remove him as DPP and put a puppet in charge. What a falacy. Sakwiba Sikota must watch out for this. Rumour has it he is in line for this post. Sata’s “legacy” at work for sure.

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  14. I can hardly believe that such crap would come from a former deputy minister. If truth be told, the whole so called cause is crap! The wonder of it is that the police would even think of issuing a warrant of arrest based on such crap! I hope this is a joke!

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  15. Why now, where was he (Nguni) when those things were happening? For example he would have stopped the swearing in in 2011

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  16. THE THREE MALAWIANS, NAMELY KAUNDA, BANDA AND LUNGU, MET IN MFUWE TO PLAN AGAINST GENUINE ZAMBIANS. ZAMBIA IS UNDER COLONIAL RULE AND ZAMBIANS ARE HAPPY ABOUT IT. ZAMBIANS ALWAYS HAVE ALWAYS WORKED AGAINST THEIR OWN. THEY WORKED AGAINST LENSHINA AND HIS CHURCH IN PREFERENCE TO KK; THEY WORKED AGAINST NKUMBULA IN PREFERENCE TO KK AND THEY ALSO WORKED AGAINST KAPWEPWE IN PREFERENCE TO KK. THE CRIME NCHITO COMMITTED WAS TO HAVE RB, A MALAWIAN, ARRESTED AND PROSECUTED FOR CORRUPTION. ZAMBIANS DO NOT LOVE THEMSELVES AND THEIR OWN. SHAME!

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  17. Let us analyse this critically with sober minds. Lungu is elected president with few votes. The death of Sata and recent infrastrucre development made Lungu to have sympathy votes Lungu has 18 months to mend fences and heal the divided PF. Lungu must be so damn stupid to start the fight that he will not make him elected 2016. Western, southern and North Western provinces will not vote for Lungu so what may in 2016. Luapula, Northern and Muchinga are very unpredictable provinces as far as Kaunda times due to KK mistrusting Simon Mwansa Kapwepwe, people used not to vote as KK was standing against the frog. Senior Members or PF founding members are looking with keen interest. This is a dangerous move as may will join Rainball party very soon. Lungu do not spoil your channces by RB using you

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  18. late 2015 will bring uncertainity to Lungu at the pace is going. Disannouncing Sata when he is the one who made him where he is. Surely Lungu must know that Northern, Luapula, Muchinga, CB, Lusaka or Central will never be the same as strong hold for PF. Muchibemba balanda ati ‘Musunga we shilu baunwa elyo lipenene.’ Meaning to eat a mad man’s porridge when he is very mad as he does not know what is happening and this is what Lungu is doing the honeymoon as made him so short sighted and could not comprehend with being at plot one.

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    • I don’t really know mutembo nchito and to be honest I don’t even care to know him, but my concern is on comments am seeing here which are being laid by this mans sympathizers. If its rb doing this, then its good because if rb is being tried I don’t see why mutembo should be shielded. Just because sata appointed him doesn’t mean he becomes above the law, mind you rb was a president unlike nchito who was a mere dpp cadre, pf.if he is the man who made Zambia airways bankrupt then let him be answerable regardless of implications implied which are all a bunch of nonsense.

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  19. So you thought RB was doing all those rounds for nothing? You must be jokers. Remember, the wise men came from the East. On this one, the Bembas will be taught a lesson; RB “NAFUTI”!

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  20. And the music begins…we have said many times that RB is the power behind the throne. He seeks revenge and he will get it. You dont campaign for someone for peanuts. RB is technically the co president of both the country and the PF.

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    • President Sata adds that the Late Dr. Mwanawasa was committed and worked diligently to fight corruption but that his good will was abandoned by the Rupiah Banda led government.

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  21. About Zambia Airways we know, and he is right. Why did Mr. Nguni keep quite about Mr. Nchito’s 10 criminal conduct, abuse of authority of office and uttering false documents until this time? What is his intent and what has motivated him to report now? Was he scared for his life when President Sata reigned to tell the truth so that justice could have prevailed or he has scores to settle with Mr. Nchito and “group” or he wants justice to prevail?

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  22. PF Headquaters moved Northern to Eastern Province and the The Founders (Bemba) have no say, the last word the said in joy was “if into mwilungu” no they are busy condeming everything being done from the headquaters. They celebrated the victory, why cry after those celebrations? Just continue.

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  23. I am happy that you Zambians that supported Edgar Lungu are now seeing the true dictatorial colours of your president you supported. And expect worse scenes as we move towards 2016.

    Generally speaking, Edgar lungu hated Sata very much as evidenced by the legacy he has 90% abandoned yet he campaigned using his name. All he wanted was just to his the name of Micheal Sata to win and later on dump and rebury his name as he has now done.
    Don’t be surprised if you see that police surrounding the house of Fred Mmembe, unlike Sata and HH, Lungu is a man of vengeance and ungrateful. The man does not appreciate. It seems decades of bear drinking has really affected his thinking capacity to the level that he has started disrespecting Micheal Sata in his grave.

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  24. Edgar Chakolwa Lungu and Rupiah Nyamasoya Banda should leave the DPP alone. Rupiah Banda seems to have taken over the reigns of the PF.

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    • President Sata adds that the Late Dr. Mwanawasa was committed and worked diligently to fight corruption but that his good will was abandoned by the Rupiah Banda led government.

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  25. In today’s full cabinet that will be announced by the Ceremonial President Edgar Chagwa Lungu, I understand the Real and Resurrected President Rupiah Egg-Shapped Head Banda will have half of his preferred names and all ministers will be bowing down to him (Rupiah) as he is the appointing authority while the Ceremonial President will just be rubber stamping.

    Watch the space, Zambia is doomed under Edgar Lungu the remote controlled President. I understand the co president to Rupiah Banda Robert Mugabe has also seen the cabinet that would be announced today.

    We warned you, but you Tree Climbing Monkeys (Bembas)and you Rat Eaters (Cats)or Easterners, ignored our warningand went ahead and voted for Edgar Lungu who has now been reduced to a ceremonial President as his factions are being…

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  26. Well done Newton Ng’uni. We need people like you in order to change this country for the better. When people are given to hold public offices, they should learn to be responsible. And this is the only way we shall have a good Zambia. So this is a lesson to all those in public offices. Act responsibly and professionally, when discharging your duties. Where is Musa Mwenye, please follow up as well and let him account for his mischievous behavior
    IN CASE YOU HAVE FORGOTTEN WHAT MUSA MWENYE DID TO THIS COUNTRY?
    SEE THE FLASHBACK ARTICLE BELOW:

    The Lusaka High Court has today ordered an inquiry into how the Attorney General and Secretary to the Cabinet transferred power from Acting President Edgar Lungu to Vice-President Guy Scott following the death of President Michael Sata.

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  27. LT, the police do not ISSUE an arrest warrant, they only EXECUTE the warrant issued by the judiciary, in this case the Chongwe magistrate. Please educate yourselves before you write all your crappy reports.

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