Law Association of Zambia president George Chisanga has issued a public statement on the events that has led to the arrest and subsequent release of Director of Public Prosecutions Mutembo Nchito.
Below is the Statement
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The making of a dictator, Africa, Africa, Africa! Why Africa?
Go to Afghanistan man. seems you dont love Africa at all.
@Peter – We can all see what over 50 yrs of you loving Africa has brought to the continent! You are a scare & a curse on Africa, you represent the worst of humanity, the very low of the low. You lot continue to shamelessly bleed Africa, you are really morally empty, you have caused the death of more humans on earth than anyone or anything else & you continue to do the same with utter impunity. The only consolation for me is I do not have to live with your conscious,you are trash, the scam of the earth. I pray God’s wrath visit you someday!
I think LAZ have erred legally in their position. Yes the DPP’s office is protected from prosecution but article 58 quoted above does allow for the removal of an individual from the DPP’s office for misbehaviour. Unless LAZ is saying that there is no credible evidence of this DPP misbehaving to a point of concern to warrant action for his removal, I find this statement misplaced. How else is one to prove that the DPP misbehaved other than commencing legal action. I’m sure the Courts will not just issue warrants of arrests on flimsy claims especially where the office of DPP is involved
This calls for wisdom.
If a thief is appointed as DPP, doesn’t erase his past deeds for which he hasn’t ben punished, JUST shows the LAZ rot coming out of ZIALE!!!
We better be thoughtful in our public comments, or else our actions becomes repugnant to the Constitution. Attorney General found with criminal issues must not be insulated from facing legal suits by citizen. We can learn from the USA where former Attorney General John Ashcroft was made to leave his office early for failing the constitution due to to many oversights. The likes of Kabimba are only promoting criminality which if tolerated can lead Zambia some ignominious chapters of our national history. Set up a tribunal now and let Nchito clear his name clean and fair. Its dangerous to have an AG who has many criminal issues around his neck. How does he preside over our criminal law? DPP has security of tenure but its not an absolute immunity from the lawsuit if he turns out a criminal.
@ It’s a worry
Please READ Art.58 of the Constitution and you will find that your opinion is based on the “common sense” and not on constitutional provision seating-out legal steps for any legal (civil and criminal) reason(s).
I mean DPP found with criminal issues must not be insulated from facing legal suits by citizen. Its beyond dispute that Mutembo’s time has had some clear violations of the spirit of the law.
PRESIDENT ECL WILL DEAL WITH THIS MESS. DON’T WORRY DPP, IF YOU’RE TRULY INNOCENT ALL WILL BE ALRIGHT. FOR NOW HANG IN THERE. IT DOES GET BETTER U KNOW!
Opposition United Party for National
Development vice-president Dr Canisius
Banda has attempted to put up a defence
for embattled Director of Public
Prosecution Mutembo Nchito but admits
that the cartel member is a shady
character.
Banda put up a sugar coated statement
on social media but admitted his party
was not a fan or supporter of Muetmbo
Nchito’s shady conduct.
Below are DR CANISIUS BANDA’S
THOUGHTS
ON JUSTICE [The Case of Chickens Coming
Home to Roost]: That Mr Mutembo Nchito
has led a life of controversy, riddled with
flaws, is not in dispute. Because of his
unsuitability to serve then, we in the
UPND, speaking in defence of decency
and on behalf of many voiceless citizens,
were among the loudest and most
consistent voices that called for either the
removal…
Lawyers do not have a conscious and in this case have exhibited unprecedented immorality. When it was established that Mutembo had lied before the parliamentary committee, LAZ did not say anything and today they want to come to the party. Sorry my friends. Your learnedness is so ignorant and biased.
I totally agree. This guy lied to Parliament and did a lot of wrong things and went scot free. The manner he pushed his own personal agenda and vendetta against some people he perceived thieves was shameful and that is the same way he should dance to his tune. LAZ, please don’t hide dirty in the name of your own interpretation of the law, you should have censored him long time ago!! This man should never have become DPP in the first place, lying under oath is a criminal offence and you never issued a statement!
They are all Nincoompoops!!
The hounding Nchito is experiencing is all too predictable. Even a grade 2 can notice that RB has a hand in this since he financed Lungu’s campaign and now the president is compromised. This is too evident naimwe Ba president.
@chli,with due respect, until you Have evidence linking that RB to the on going with one mutembo, you will do us a favor to leave RB out & let’s concentrate on analysing the evidence at hand against your DDP .. You won’t get tired then I hope..
This is correct. Don’t worry. All those with negative comments have either not read the constitution, hence speaking from ignorance, or do not like the DPP. What LAZ said is what the constitution saysand is correct. Follow the correct procedure for removing a DPP, not ignoring High Court orders etc.
As for RB, well – his hand is clearly in this for all who have eyes to see. Time alone will bring out all the ‘crooks’ hiding behind who want Mutembo out.
I hate lawyers. The whole MNB from way back should be investigated. Including Elijah Banda of ECB now.
Then we have crooks like Willian Nyirenda there in Kitwe.
THIS IS A TOOLESS ASSOCIATION WHICH HAS NO IMPACT ON THE ZAMBIAN PEOPLE BECAUSE IT HAS INCONSISTENT LEADERS AT TTHE TOP WHO ARE OUT TOUCH WITH REALITY.
MUTEMBO NCHITO SHOULD JUST RESIGN ON MOTAL GROUNDS. WE GIVE HIM ONE WEEK. FAILURE TO WHICH WE WILL ORGANIZE PEOPLE TO DEMOSTRATE RIFGHT UP AT HIS OFFICE.
HE MUST PAY BACK THE MONEY HE GOT TOGETHER WITH HIS CORHORT AY ADBZ. THERE NO DRUGS NI HOSPITAL. MONEY FROM TAXING ADBZ WOULD HAVE BEEN USED TO BUY DRUGS.
IT IS SHOCKING TO SEE THEM SCOT FREE AND EVEN PRESIDE OVER CASES AS IF HIMSELF HAS NO CASE.
EH LAZ, the matter is in Court, How do you expect the President to intervene?.
RB had his immunity stripped on flimsy grounds, despite the fact that the matter was in court in a case whose merits cannot be proved todate. But President Sata could not intervene, arguing that he belonged to a different and independent arm of government and would therefore let the law take its course.
EL belongs to a different and independent arm of government and therefore should just watch the DPP have lunch at courts grounds every day.
You removed immunity and we will remove tenure.
Lawyers and politicians have messed this country up. It has and still is painful to see how the the law/judiciary has and still is being abused to settle personal and political scores since independence. Not siding with anyone as both antagonists in this particular case have got issues. But this culture must be brought to an end.
Quest you are right. This could be a settling of scores. Politicians are very vindictive people! Nizakulangisa syndrome!
I will be happy to hear that his fingerprints were lifted!!!
DPP can commit murder because he is protected full stop- But then he is just human – ati ubufumu busheta amenshi
Is Newton so broke that he is ready to thrust himself to other peoples’ dirty work to ward off Njala? Why not leave it to Banda’s children or close associates in these rather personal fights) with the so called cartel) dragged into the Judiciary. Certainly his court action is not based on principles because if it was, he would have commenced these proceedings way back before RB struck a deal with EL. Newton please find something more productive to make ends meet than the easy money that may be coming your way doing this. I thought you were intelligent & wise but obviously I was wrong!
@quest… You know how it is with these hight profile and complex cases it takes time to put evidence together and find willing partners ready to take on these so called law Giants & cartel.. Hence the delay. For now just put on your seat belt and relax if you didn’t benefit from the deals and misrepresentation, you don’t need to worry on finances of one n’guni it’s not who drives but how he drives..
The law association should be consistent and representative of the law they represent.
Even as a layman in the legalistic stuff, it’s simply not right, not fair the manner DPP Mutembo has been handled, in a supposedly ‘civilised’ country. Talk of law of the jungle!
Imwe bafika….newton nguni started this way back during sata reign with brebner changala,u *****s and haters
FACT
This is the point which Mmembe, Nchito and Kabimba want buried. These people are so cruel that they lied about late Mukelebai that he met Former intelligence Chief Xavier Chungu in Livingstone when infact not true. All they wanted was to see Mwananwasa set up a tribunal that saw Mekelebai lose the job despite the Tribunal having found Muekelebai with no case to answer. This is the medicine that Mutembo says is dangerous to his health but was good for Mekelebai.
Mutembo has committed crimes finito and cannot hide behind the tenure of his job. This amounts to keeping a criminal to prosecute a criminal
In short, time is catching up with them. To borrow their own words, “you can fool people sometimes but you do that all the time”
George Chisanga and Mutembo Nchinto come a long way. Starting from secondary school. Class of 1986 Libala Boys Secondary School.
Then ending up together in Law School. Both are close to Fred M’membe.
I only hope their personal relationship is not interfering professional matters.
@JL,Zambians have short memories. They seem to have forgotten how Mutembo wanted Mukelabai out of office by peddling lies as you have cited. Suddenly, people want to say this is RB at work. Come on guys, EL is not a weak soldier that people want to perceive him to be. He has a brain which he will use to think so don’t make it look like he hasn’t got one.
@ JL & Anonymous: Can someone educate me on the ACTUAL lies that Mutembo peddled against late Mukelebai? I must admit I am ignorant about these lies.
E L is a highly qualified Lawyer who went to ZIALE at first attempt cleared with a distinction for your information
DPP MU-TO-MBA NKITO.LET HIM FACE THE LAW AND TASTE THE TASTE OF HIS OWN MEDICINE.THE GUY HAS A STONE INSTEAD OF FLESH IN HIS HEART…
LAZ and Judiciary at all levels are sole responsible for the current state of affairs where constitution has been sacrificed on the altar of political “dirty linen washing” at the expense of Justice.
In their quest to appease “rulers” and preserve theirs, often unjustifiable positions and benefits , they have forgotten that there is no freedom without fair, independent and impartial justice which “must not only be done, but … be seen to be done”
Ba@ Quest.
Mutembo Nchito was a mere desk lawyer with no clients but a friend and contributor to the Post. But when Mwanawasa embarked on the so called Fight against corruption, Mutembo was hired at expense of DPP staff led by Mukelabai. Mekelebai;s argument was that Nchito did not have required and tested experience to prosecute corruption cases and more over the hourly legal fee he was charging. This was the start of acrimony between Nchito and Mukelabai. Nchito and Mmembe saw Mukelebai as a stumbling block against “their” way to fight corruption hence cooked up lies that Xavier Chungu had a secret meeting with DPP Mukelabai in Livingstone yet Muekelabai had an alibi which was contrary to claims peddled by Nchito and Mmembe.
Continued.
They cleverly brought in Mwanawasa who had to appoint a tribunal. The tribunal found Mukelebai but Mwanawasa forced Mekelebai to go on Sabbatical Leave and he ended dying in RSA. This is not fiction but Truth which Mmembe and Nchito very well know. This is the medicine they used, continue to use on many innocent Zambians. MCS was just naive to allow Nchito reappointed as DPP. He did not see that it was all Kabimbas and Mmembes fight to see to it that RB is fixed at all costs. This is what we are seeing here. Apart from this Nchito has committed crimes and lied before parliamentary committed but Kabimba a friend to Mmembe made sure talked though the naive MCS and Nchito got the job.
Mmembe did not realize that Time immemorial has been the equalizer. Mmembe is now very unpopular as many Zambians have come to realize just how crooked he has been just to control power. Nchito cannot cover himself from criminal acts on the tenure of the DPP. Nchito is not an institution but DPP is and this is the difference which under 5 lawyers like current LAZ president should see instead of issuing useless statement. This is again the problem with Night school lawyers like Mmembe and Antony Kasolo who became lawyers by cramming rather understanding the length and breadth of law. Let the LAZ redeem itself and save itself from this self inflicting embarrassment.
Lawyers and their LAZ have failed to be “men of the cloth”. They have failed to uphold justice in this nation. They don’t deserve to have an association of self regulation. The Should and MUST be regulated by introduction of a regulatory body. Their integrity is highly questionable by what we see happening in this country. There is no objectivity, independence or professionalism on most of the so called learned colleagues and that’s why most of their social lives are nothing to admire apart from showing off their pomp instead of uprightness. I feel sorry for people who pursue the profession with a view to get rich by being defenders of the corrupt. They go where money smells! Should be disbanded.
I am very disappointed with our so called law association of Zambia. Firstly the press statement is very poorly written from our learned lawyers. Secondly we have not seen any press statement from LAZ regarding the lies uttered under oath by the current DPP. It is this calibre of lawyers who are seeking to appointed DPPs in future God help us.
LAZ does not provide a moral compass on judicial matters in Zambia. It is LAZ members that have either misled public office holders or direct lies to suit their appointing masters as in Mutembo’s case lying to parliament. LAZ on many occasions has not intervened on the interpretation of law where a dispute has occurred with the executive arm of government. Examples include late president set up of a medical board to assess if president was fit to work a demanding job of presidency. LAZ was mute with their member to prompt the DPP take the right step protected office of republican president slowly being performed and usurped by a non elected individual in this case wife of late president Dr Kaseba and AB Chikwanda. That was negligence of LAZ to give guidance to the nation.
Mutembo Nchito made the bed so let him sleep in it. Mukelabai Mukelabai was hounded out of the DPP’s chambers by Mutembo &Co. A selfless lawyer that rose from the ranks to become DPP was violently taken out of the office for no reason at all. Mwanawasa was held captive and betrayed Mukelabai. Fast forward..Mutembo Nchito is in the same position as Mukelabai was when they painted him black. I am enjoying this..its called Pay back time. These guys held Pres. Michael Sata hostage. (MHSRIP). As he liked saying, sort them out
What an incompetent statement. First LAZ should know better not to comment on matters before the courts (as we have been told on many different occasions). They are committing contempt of court. Second they are breaking the law by stating they will approach the Executive branch to intervene and interfere with the due process of the law.
And this ‘security tenure’ bullcr**p should never be used to hide crimes. So according to them a sitting DPP can even commit murder and they should never be arrested and prosecuted because of ‘tenure’?
I don’t if Mutembo is guilty or not but this LAZ statement is weak. Yes there may be political recrimination behind his arrest but this is what happens when appointments are politically motivated from the start. His appointment was always…
*…his appointment was always controversial and the ending was always going to be controversial.
This country will always be hampered by this “pay back” behaviour because we don’t do things above board. It is impossible NOT to have vendetta in a country where almost everyone who occupies public office is a cr00k.
I have never been a fan of Nchito ever since they got away with tax payers money. He got himself rich by prosecuting FTJ without recovering any dime to the public. However hounding him in this manner is cheap on the side of E. Lungu. They could have asked him to politely quit and go. But this is Zambia.
Has LAZ any sense of shame? Shocking that LAZ would want to undermine a legal procedure and consequences of a legitimate complaint/report of a crime? I wonder why LAZ would be concerned about the DPP’s statement that “he is being strong armed into resigning yet LAZ is not concerned about the charges and the natural and constitutional rights of the individual who brought those charges forward. No mention of such in the statement from this “high – caliber association” which is inherently impartial and objective! And what is Security of Tenure? Does that mean you cannot bring before the court of justice a DPP who has just murdered your wife? LAZ says DPP can only be removed on Incompetence. Is corruption not Incompetence? Come on LAZ, you are being too shallow….& Incompetent!
Do these people go into law just to mislead,defend criminals or steal from the poor?.sometimes you may just look at the subjects that make them qualify to study law like english,R.E AND HISTORY.look at grade twelve results of some of these so called learned lawyers.The results starts from credit to satisfactory surely can you call such as a learned?.
Daily Nation commentary is spot on and I quote:
THE Mutembo Nchito issue borders on integrity.
The definition of integrity by both the South African Constitutional Court and Kenya High Court is very clear. A person lacks integrity if he has outstanding unresolved moral and financial issues. It could not be any clearer.
These are the grounds on which the two courts rejected Presidential appointments of a DPP and Integrity chief.
It does not matter how much the Law Association may protest. It has exposed itself as a reckless organisation that allowed an individual without integrity to serve as the Director of Public Prosecutions in this country.
This situation should never have been allowed.