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Wednesday, August 5, 2020

International Association of Prosecutors (IAP) writes to Justice Silungwe over secret tribunal

General News International Association of Prosecutors (IAP) writes to Justice Silungwe over secret tribunal

CHIEF Justice Ireen Mambilima has sworn in four judges to probe into the former DPP allegations of Mutembo Nchito's case. These are (from left to right) Judges, Anel Silungwe, Mathews Ngulube, Ernest Sakala and Mathews Zulu.
CHIEF Justice Ireen Mambilima has sworn in four judges to probe into
the former DPP allegations of Mutembo Nchito’s case. These are (from
left to right) Judges, Anel Silungwe, Mathews Ngulube, Ernest Sakala
and Mathews Zulu.

The International Association of Prosecutors (IAP) has written to the chairperson of the tribunal set up to probe suspended Director of Public Prosecution (DPP) Mutembo Nchito. The IAP has written Justice Annel Silungwe over the tribunal decisions to hold the proceedings in secrecy.
IAP president Gerhard Jarosch wrote on 19 March 2015;
Your Lordship,

I am writing this letter in my capacity as the President of the International Association of Prosecutors (IAP), the only worldwide association of prosecutors, of which the Zambian Prosecution Service has been an active and significant organisational member for some years and on the Executive Committee of which Mr. Mutembo Nchito SC serves.

Recently, I was informed that Mr. Nchito, the Director of Public Prosecutions of the Republic of Zambia, was detained for a short period under a warrant of arrest that had been quashed by order of a higher court. He was also charged before a court until he was obliged to discontinue the proceedings against himself – a decision accepted by the court.

I cannot comment on the merits of the criminal allegations involved since I do not have all the necessary information, but assertions have been made that Mr. Nchito’s arrest and charge were politically motivated and without lawful foundation.

The IAP sent out letters to the Minister of Justice of the Republic of Zambia and the Attorney-General of the Republic of Zambia to request attention to the situation of Mr. Nchito. We wish to do everything in our power to ensure that Mr. Nchito’s constitutional rights as a private citizen and as a constitutional officeholder and independent prosecutor are protected. As we now understand from Mr. Nchito a Mutembo Nchito SC Tribunal has been set up chaired by you and it came to his attention that your Tribunal has decided to sit in camera, not being open to the public.

In a letter dated 16 March 2015 sent to you as Chairperson of this Tribunal, Mr. Nchito made clear why he is strongly protesting against the proceedings being held in secret. Until this decision was taken, everything concerning the action taken against Mr. Nchito was done and said in public and there was much press and public attention.

There is a public expectation that the community will be able to assess the events to be examined and there is international interest in the conduct and outcome of these proceedings. In his letter Mr. Nchito states: “I have been vilified and harangued in public, let the investigation into this matter be concluded in public. The public interest in this matter is so huge, and it is in the interest of the public and also the interest of every constitutional office, that the hearing and investigations of this matter be conducted in public.”

The IAP notes again that until now everything concerning this action has been done in public and it is in the community’s legitimate interest for it to be kept informed of serious proceedings involving the Director of Public Prosecutions, a constitutional officeholder, who acts in the community’s interests. The general principles governing such proceedings mandate the conducting of disciplinary proceedings against a senior constitutional officeholder in public. Because of the need for transparency and public accountability, Mr. Nchito himself is claiming a public hearing.

The IAP is strongly supporting Mr. Nchito in adherence to this principle and since there has not been publication of any reasons for the Tribunal’s decision we find it unacceptable that these proceedings will be conducted in secret. As President of the International Association of Prosecutors I ask you to reconsider your decision and to open the proceedings to the public.

28 COMMENTS

  1. Acts of acute desperation by Mutembo, crying to this and that organization, local and elsewhere. Must have committed very serious crimes, this fellow.

    • Not quiet. If he had done serious staff, I think he would have opted for a private/secret tribunal as suggested by the government. To the contrary, he has asked consistency while at the same time evoking his constitutional rights.
      We shall eventually find out the real truth in due course though.

    • To the contrary, this may be seen as an act of desperation on the part of ECL ‘s camp and not GRZ to have some of the pending corruption and abuse of office cases by some individuals shelved. In the same verne, this will also give the Zambians a chance to make their own conclusion.

    • The IAP has no complaint against this tribunal being set up. Their concern has already been addressed. They know that no one is above the law. They understand that it is game over for one of their members

    • You think that is why he is asking for a public trial? Though it is difficult, try to think for once? If he has done wrong, then prove it publicly, not a fixed secret decision. There is a reason why he is a lawyer and you are not. He has calculated ahead of you and knows the implications of a secret trial. if you are so confident that he is guilty, why do you want a secret tribunal?

  2. Westerners we don’t interfere in your affairs. You killed Saddam of Iraq & Gadhafi of Libya and how those countries have been destroyed. Leave us alone. We have enough intelligent people to decide whether Nchito has case to answer or not.

    • Nchito prosecuted Mukelabai the then DPP in secret and the man had to lose his job and died a lonely death some where out side Zambia. What has changed now ? Does he want to assassinate the witnesses? This tribunal has to be and will be conducted in secret to protect the would be witnesses from Mmembe and his criminal gang.

    • Did Mutembo INSIST on a secret tribunal for Mukelebai? Rather ask yourself, why didn’t Mukelebai insist on a public tribunal? He had that right.

  3. I FIND IT HAD TO UNDERSTAND WHY THIS CASE OF ALL THE CASES IS GENERATING SO MUCH ANXIETY FROM A CROSS SECTION OF PEOPLE. SURELY THE TRUTH WILL COME OUT ONE DAY.

    • SEEMS THERE’S MUCH MORE IN THE DARK THAN SEEN WITH THE EYES OR HEARD WITH THE EARS ABOUT THIS CASE. SURELY MORE IS ABOUT TO BE REVEALED THAT HAS BEEN SO STRONGLY CONCEALED.

  4. Mutembo Nchito is tasting his own medicine secret Tribunal for late DPP Mukelabai was good, I believe secret tribunal for Mutembo Nchito is also good. By the way Mukelabai was cleared by Mutembo Nchito’s secret Tribunal.

    Mutembo Nchito’s Tribunal must be in secret otherwise his business partner Fred Mmembe is waiting to attack any witness that will appear before the Mutembo Nchito Tribunal. Witness must be free to give evidence.

    Uyopachani iwe Mambala

    • Only darkness fears the light. Why do you insist on a secret tribunal? When arresting him, did you do it secretly? When taking him to Chongwe, was that done in secret? When Nguni was addressing the press, was that in secret? When appointing the tribunal, was that in secret? LET US FINISH THE WHOLE PROCESS IN THE OPEN BECAUSE GOVT HAS ALREADY SHOWN THAT IT WANTS TO FIX HIM.
      Mukelebai chose not to ask for a public tribunal. Maybe he had something to hide. Mutembo has chosen to ask for a public tribunal. That is his right.
      THOSE REFUSING A PUBLIC TRIBUNAL HAVE SOMETHING TO HIDE.
      Nazo nkhani

  5. Was IAP born yesterday? If not they should be aware that a Tribunal that was instigated by Mutembo with his friend Mmembe of the Post newspaper against the former DPP Mukelebai was held in camera. Mutembo and Mmembe never complained despite that the allegations against Mukelebai were in the Public domain peddled by the Post newspaper for several weeks. Mutembo became a big beneficiary once Mukelebai was out of the way as he without question took over fully the prosecution/persecution of President Chiluba. At the end of this wild chase the nation lost a lot through fees due to the Prosecution/Persecution Team. When President Mwanawasa complained about these fees, he was told to shut up by the Post Newspaper as the money paid was not coming from his pocket.

    • Mukelebai chose not to ask for a public tribunal. Mutembo has chosen to ask for a Public Tribunal. What are you afraid of? You don’t want some people to start collapsing?

  6. Mutembo thought he was more clever.Now its time to face the best legal brains for Zambia.whether in secrecy or in public I personally know that you ar guilty.

  7. This is what the Government is hiding.
    1 – Who gave Stella Libongani authority to disobey a High Court Order when police went to arrest Mutembo Nchito?
    2- Bwana Brebnar Changala – show us the evidence that Mutembo Nchito planted drugs on you. Why did you not report the matter to the police? Where is the case record? Where are the people from the DEC who planted drugs with Mutembo? [If you have seen the Daily Nation, owned by Richard Sakala, they are saying that Mutembo is threatening witnesses!)
    Etc, etc

  8. Can we have a new DPP appointed. Preferably a very respectable lady. Justice Mumba would be a great choice. Scoundrels cannot continue to hold 14 million people hostage.

  9. The sad truth is that in most cases, there are many local qualified and experienced Zambian experts who would do a better job than those so called IAP experts. They have the job just because of the color of their skin, as in many places in Africa white skin is by itself a mark of expertise and knowledge. I always wonder why some of our people overrate so much those low level experts who are only enjoying the benefit of white supremacy. Despite the poverty in African countries, the IAP should respect the sovereignty of these countries and not take advantage of people’s vulnerabilities. Mutembo Nchito is a suspected criminal who cannot stand up to scrutiny; that is why he is doing every possible to avoid scrutiny.

  10. There are no state securitythat will be at stake here. Mutembo will just prove that it is RB who resisting being proscuted by him. With the failing health of our president this tribunal will present its report to a new leader.

Comments are closed.

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