THE confession by suspended Director of Public Prosecutions (DPP) Mutembo Nchito that he entered a nolle prosequi in favour of Finance Bank chairman Rajan Mahtani on instructions from then Attorney General Mumba Malila was admission of unconstitutional and illegal conduct worthy of prosecution, former deputy Finance Minister Newton Ng’uni has said.
The illegality, he said, merited the constitution of the tribunal and subsequent prosecution because the Constitution did not allow the DPP to take instructuions from any authority.
It was for this reason, he said, that Zambians should be wary about the meetings between Mr. Nchito and the Attorney General Likando Kalaluka where a “deal” was being considered in excahnge for a resignation.
He described as shocking revelations that Nchito, who was DPP acted on external instructions contrary to the Constitution and was now dragging Supreme Court Judge Mumba Malila into the judicial scandal.
It was very clear, he said, that the consent order seemingly absolving Mutembo Nchito and Fred M’membe from the US$4.2million debt they owed was related to the nolle prosequi and hence the ned for a tribunal.
Mr Ng’uni said it was incredible that Nchito eagerly accepted the illegal directive from Mr Malila and that no deal should be struck because there was no national interest to be served in hiding the criminality of the transaction.
He told the Daily Nation that no national interest was in danger for the tribunal to proceed to get to the bottom of the matter.
“If the suspended DPP is scheming on resigning with the hope of defeating the course of justice, he should know that he will be held accountable even after quitting his position.” Mr Ng’uni said.
Mr Ng’uni stated that many families had been ruined by Mr Nchito’s evil schemes which saw their bread winners prosecuted over the same charges he was facing but was now scheming to elude by resignation.
“Mr Nchito knows that from the Kashiwa Bulaya case, it is unconstitutional for Mr Malila as Attorney General to initiate the process of considering public policy implications for the charge of forgery Dr Mahtani was facing in the court and directing the DPP to enter a nolle prosequi in favour of the duo, Nchito is disclosing this information because he does not want to go down alone,” Mr Ng’uni said.
He advised that Zambians must take interest in what Mr Nchito would get from the discussions they have been having which led to the adjournment of the Annel Silungwe Tribunal which should essentially have commenced its sittings on Monday.
Mr Ng’uni said Mr Nchito had prosecuted other people and his ally and praise singer Fred M’membe had been boasting that the DPP’s conviction rate was almost 100 percent and should therefore not be scared of the very process he used to send fellow citizens to jail.
“People are in jail for abuse of authority of office, forgery, uttering false documents, contempt of court, obtaining money by false pretence and theft by agent, the same offences Mr Nchito is likely to face if he appeared before the courts of law. How many families have been ruined after their bread winners were prosecuted by Mr Nchito over the same charges he is facing? How many good citizens had their persona and careers ruined by Mr Nchito over the same charges he is trying to avoid? We are going to wait and see what Attorney General Likando Kalaluka will come up with,” Mr Ng’uni said.
Mr Ng’uni accused Mr Nchito and his freinds of managing to create two criminal justice systems with one for themselves and the other for other citizens while laundering nolle prosequis for their associates.
BA NGUNI. KUWAYAWAYA FYE. TRYING TO HOLD ON TO STRAWS. YOU THOUGHT IT WILL BE EASY TO DRAG MUTEMBO INTO COURT ON TRAMPED UP CHARGES. MUTEMBO TOLD YOU THAT IN HIS WORK, THE ONLY TIME THE CONSTITUTION ALLOWS HIM TO LISTEN TO EXTERNAL ADVICE IS WHEN THE AG GIVES HIM DIRECTIVES. AND HE QUOTED ARTICLE 56(7) OF THE CONSTITUTION OF ZAMBIA. MANJE IMWE BA NGUNI MUKAMBA MONGA NDIMWE ALANGIZI.
Mutembo Nchito is one of a few remaining people in Zambia who give us all reasons to be hopeful about the future of Zambia. Every generation has its champions, the KK served their generation, Mutembo is for this era. We need men who can fight corruption even if it meant sending every single one of these corrupt characters behind bars. We are fully behind Mutembo all the way, Lungu and his friends did not see this coming! We are in the case!
Why be scared and wish to resign if you are innocent and your friends believe you are 100% innocent? Only time will tell. You can fool people some time but you cannot fool them all the time. Let the due process of the law take it’s course, if one is innocent/guilty it will show.
Most of these charges should be dropped and the State should just pursue theft by agent namely “African Male Fat Desk Lawyer Mutembo Nchito did receive monies from members of the public for remmittance to National Airports Corporation but chewed the money whilst he was busy sending retirees to prison for seemingly innocuos charges”
Mutembo set the moral judgement bar very high and he should now face the music for letting us down.
There are simplistic minds that are simply misinforming the public here. I may be naive but I will be so amazed that a sitting President has asked for a Tribunal with clear terms of reference and we have Lawyers plea bargaining and accepting a resigantion or lower scrutiny – as if it is a Court case before a Judge.
Lets be clear on one thing. President Lungu is/should be expecting a report of findings according to the terms of reference. Not plea bargains and resignations. In my view, the tribunal should still proceed whether or not Mutembo resigns as his behaviour in office is what is in question
Therefore, if this article has any truth, then our Attoney General is playing a dangerous game that will cast the same shadows upon him as the person he is supposed to be investigating
Mr Nguni
Please soldier on to defend our young democracy. Your is a small voice in the wilderness of which many Zambian have become blinded by useless politics and don’t see the seriousness of how this useless DPP has reduced the judicially into his pet shop.
The many blind Zambians will one day see the light
I salute you
56. [Director of Public Prosecutions]
(7) In the exercise of the powers conferred on him by this Article, the Director of Public
Prosecutions shall not be subject to the direction or control of any other person or authority:
Provided that where the exercise of any such power in any case may, in the judgement of the
Director of Public Prosecutions, involve general considerations of public policy, the Director of
Public Prosecutions shall bring the case to the notice of the Attorney-General and shall in the
exercise of his powers in relation to that case, act in accordance with any directions of the
Attorney-General.
I hear you newton, let the legal fight go on. It’s time we ensured justice prevailed.
Iwe nguni mudala,ikalafye u tried wit ur overzealous private prosecutors who had no clue on the procedure of bringin the dpp to book,jus shut up and let president lungu’s men do the job while u watch frm the terraces
THE JUDICIAL SYSTEM IN ZAMBIA HAS ALWAYS BEEN SUSPICIOUS. WATCH THE DRAMA UNFOLDING!
How can someone honestly sit and defend Nchito in a case where it is evidently clear that he abrogated his function as DPP. These dullard here who are siding with this mafia DPP, must have their heads checked. It is clear that Mutembo and Mmembe became a law unto themselves and thought they could get away with the money they owe, by squeezing other people into shielding them. Sorry, but the tribunal should not be compromised in any way, we wan’t the truth to come out.
@PF Leader Your hate for Mutembo Nchinto is clouding your mind. That makes you incapable to argue rationally.You have already found him guilty even before the tribunal starts. Take a deep breath and wait for justice then we will see who is really dull here.
@him, IT IS NOT HATE. Mutembo has made lives of some people unbearable. I am some how affected
@Ndaje Kahks – A DPP who is not making lives of certain corrupt characters unbearable is certainly not doing his Job properly! It is not a secret that Zambia is an insanely corrupt society and a popular DPP in that sort of society couldn’t possibly be an effective DPP. There is so many people to prosecute, there are so many dodgy characters, how would any DPP worth his salt do his job well and not become a hated figure? It is contrary to the most basic logic!
@Mobile Phone Gondwe
You are right in as far as you point out that a popular DPP is a corrupt state will not have been doing his job effectively.
However when the DPP himself has been exposed as “potentially” corrupt (I use the word potentially in a deliberate attempt to satisfy our friend “him” who rightly says that the tribunal should be allowed to conclude before we Judge Mutembo) and abusing his position for personal gain, we should not lebel those, calling for the truth to be laid bear, as HATERS – as our friend HIM @5.1 is wrongly suggesting. A view which you seem to be supporting.
Ba PF Leader, don’t spread your ignorance around. There is a reason we have laws. If Mutembo has stolen, follow the law and bring him to court. Nguni failed miserably with his Chongwe fiasco. Do not hate without reason. RB tried to fix him thru Mutuna. That also failed. Now RB wants to stop his oil deal trial.
Let us argue based on our constitution, not on “beer hall talk”.
@pf leader you are the same people who did not see any thing wrong with the appointment of Mutembo as DPP by your late president when it evident that his hands were not clean.
Legal issues, legal issues. I thought people get taken to court in criminal matters in their Names vs the People. The Government lawyer who is on the side of the people decided that there was no case and instructed the public prosecutor that it be withdrawn; then the prosecutor should have refused?
In fact, street lawyer, Mutembo if he had no interest in the case he would have made a lot of noise to take political capital out of this. You know they always come out like they are apostles. They want to show every one that they holy.
@6 Street Lawyer – The Government lawyer who is on the side of the people and who’s job it is to decide whether or not to prosecute, is THE DPP.
I will wait. Not until I see were the whole of this story will #END.
The forgery allegation by the Finance bank boss and his lawyer , then the 4.2M$ debt and later the nolle followed by a debt write off makes very sad reading. I do not recall the Post reporting on this subject. Even now when the revelations and connections have been made the Post despite being the so called champions in the fight against corrupt acts have been very SILENT. Imagine what would have been the case had this nolle been done by DPP Mchenga and then his debt forgiven, am certain the Post would have had screaming headlines for months accompanied by full page editorials calling him all sorts of names and asking for his blood and crucifixion. The Post are simply hypocrites who are silent when the situation or a corrupt act benefits them.
@5.3 ?Mobile Phone Gondwe: I did not mean corrupt individuals. Those who are corrupt must face the music. This Mutembo used his connections with late Mwanawasa to persecute his enemies. He hounded out people from Zambian Airways etc. Was Sata without flaws? No but did you see the Post ever attacking during his tenure as President? Why? Because this axis of evil were using him to their advantage. Beneficiaries of their proceeds will not have seen these evil machinations full stop.
Ndaje Kakhs. If you have proof, take Mutembo to court.
We have short memories. Zambian Airways had 250 employees who had families. They tried to petition RB to save Zambian Airways, but RB refused to help those families.
Let us be objective. If you have failed to defeat your enemy using the rules, admit defeat. Since when have you heard Mutembo Nchito insulting anyone thru the media? He fights using the law. And he seems to be pretty good too!
The Govt are the ones who want to drop those charges because there is no proof of wrong doing.
Is anyone above the law in -Zambia? If not, then let the accused defend themselves without dirt tricks. Just like any other zambian, both Ng’uni & Nchito have their rights and should not be intimidated.
Even Mumba Malila must explain what he know about this mess. If he is found wanting, he must dance to the music.
Even Mumba Malila must explain what he knows about this mess. If he is found wanting, he must dance to the music.
IN THE END THE RAMIFICATIONS OF THIS CASE WILL END UP IMPLICATING EVEN THE PEOPLE WHO ARE TRYING TO RAISE A FINGER AT MUTEMBO. THEN THE CASE WILL BECOME SWEET AND THE CHICKENS WILL COME TO ROOST. BUT THE WINNER IN THE END WILL BE MUTEMBO.
WHEN I GROW UP, I WANT TO BE LIKE MUTEMBO.
@ Chisenga – Be careful what you wish for. Nchito might end up in prison if he’s later prosecuted from the findings of the tribunal. AND ASK YOUR SECRETARY TO SHOW YOU HOW TO USE THE CAPS LOCK KEY.
I don’t think there is to my knowledge any country in this world with such freedom of speech. I like the debate which goes on the social media concerning issues affecting our country and I would like to give a thumbs up to Lusaka Times for proving us with such an opportunity.
Mutembo and his cartel dogs are all thieves and deserve to be caged….no mercy
Ilyashi lya mukachasu.Where is the proof of what you are saying.
The circumstantial evidence is very strong. Let me try to explain in point form:
1. Mutembo the DPP owed Mahtani money $4.2m.
2. Mahtani has a serious case in court which the DPP’s office is prosecuting.
3. The DPP enters a nolle and Mahtani goes scot free. 4. Then Mahtani drops Mutembo’s debt.
Who requires nuclear physics to join the dots.
When you prosecute thieves on behalf of government and they get jailed, you cannot become bad no. because Nchito prosecuted thieves now they want revenge like owner of Daily nation paper, its wrong.
If families have suffered for their bread winner stealing or be corrupt its national punishment its not Mutembo faulty as Nguni want us to believe.
What is for nguni in this case , how much has RB paid you. I hope your conscience is clear. You will died with hatred for Mutembo.
Gate a life.
That’s exactly my question, what is in it for Ng’uni? Tell us you who know. Who has hired him now that the appointing authority is dead, why didn’t he question Mr. Sata? Why now please?
NEWTON’S ARGUMENT DOES NOT MAKE SENSE AT ALL. IT GOES TO SHOW THAT MUTEMBO’S PROSECUTION IS JUST POLITICAL VINDICTVE PERSECUTION BY PEOPLE HE PROSECUTED. HOW CAN A DPP BE ACCUSED OF RUINING FAMILIES FOR DOING HIS WORK? PEOPLE WERE TAKEN TO HIM TO BE PROSECUTED FOR CRIMES THEY WERE ACCUSED OF HAVING COMMITTED. IS HE THE ONE WHO TOLD THEM TO COMMIT THOSE OFFENSES? WAS HE THE ARRESTING OFFICER? NO! IS NEWTON SUGGESTING THAT THOSE WHO COMMITTED CRIMES WERE NOT SUPPOSED TO BE PROSECUTED? SHOULD MUTEMBO BE PUNISHED FOR DOING HIS CONSTITUTIONAL WORK AS REQUIRED BY HIS OFFICE? IT DOES NOT MAKE SENSE.
MUTMBO NCHITO IS A VICTIM OF VINDICTIVENESS BY THOSE WHO ABUSED THEIR OFFICES AND POWERS LIKE WHO ARE USING PRESIDENT LUNGU.
This tribunal just proves one thing; How Mmembe has been manipulating and priming Zambians to hate innocent Zambians. Now that his failing, they want to carry many to fall with them. Ukufilila mu nsenga. Zambians are slowly seeing who has been their number one enemy Mmembe.
No amount of twisting or per-bargaining will do. This tribunal is appointed by President so that the accusations against DPP can be settled. The cartel is panicking and knows it is finished. Hope for EL loss in 2016 is shattered as the 3 bye elections just won have set the tone for landslide victory. This is the peoples wish on the ground not Mmembes wish in his Past newspaper. Indeed it is a failed project. YAGEMUKA BABONGOLOKA
DjR, how is the tribunal connected to Mmembe? I thought the tribunal was about the DPP? Enlighten us.
Even the vice president Wina and Miles Sampa were said to be members of a non existance Cartel.
Why do some people like saying “zambians” when they refer to themseves.
Iam surprised that Mr Nguni cannot read Article 56 (7), which Action Man has quoted. It says that when the AG gives an opinoin, the DPP “SHALL ACT IN ACCORDANCE WITH ANY DIRECTIVES OF THE A.G.” Did you want Mutembo to follow Nguni’s directives? Or Richard Sakala’s? Or R.B’s?
Let us be honest. He did his job. Full stop. Prove what wrong he has done! Those “breadwinners” who went to jail (like Richard Sakala), were corrupt. Mutembo did his job. Unlike you Mr Nguni who went to Chongwe “shopping for a magistrate”, he has followed the law. Do you think what you did has no consequences?
The ones who asked to see the tribunal in chambers is the govt, probably becoz they are embarassed at the lack of evidence. Why have you stopped talking about the drugs & Brebnar Changala?
All these things like anything in Zambia are just on paper. Lets look at what Mutembo Nchito and his cohorts at the so called Post have done by misusing their connections with Sata and Levy. No wonder they are dead RB & KK whom the hated are still alive.
@20 JK – Then how do you explain Mutembo refusing to follow the AG’s ‘directive’ when he was advised not to appeal the case where he entered a nolle on behalf of HH?
THOSE WHO ARE SUPPORTING NCHITO ARE MUTE ABOUT HIS CRIMINAL ACTIVITIIES WITH MMEMBE LIKE STEALING FROM ZAMBIANS (THEY BORROWED WITH NO INTENTION TO PAY AS LONG AS MMEMBE WAS SINGING UNCTUOUS PRAISES TO THE LATE PRESIDENT).
WE ARE NOT STUPID.
LOCK THEM UP!!
Mt Sort Out…, If they stole, then let us follow the law and jail them. The trial is starting (for the second time), on 28th April 2015. The Supreme Court threw out Judge Mutuna “judgement”! Let us be people who do not call people guilty by acclamation. We trust in the law.
That is why, even though we think RB abused his office over the Nigerian Oil deal, the DPP and the ACC are taking the matter to court. By the way, you know the Nigerians have come for their money from that Oil deal?
For you record,the Post were not shareholders in Zambian Airways when the DBZ loan was contracted.A lot of people talk about things that they dont understand.Zambian Airways was simply a bussiness that failed.Mmeembe can account for every ngwee that he owns.He is actually the biggest tax payer in zambia.These are FACTS.Do your research.
I meant one of the biggest tax payers………
I think that is not the reason he has been dragged before the tribunal or is it?
The die is cast for Mutembo Nchito we saw it coming and he should not even fool himself into resigning because the president will not accept it. Panick in Mutembo,Mmembe.Kabimba and Mhatan’s camp. Every dog has got its last day.
@20.2 Ricky Bobby? The ‘AG’ did not give a directive. He was a private prosecutor under the DPP then. No one gave a directive NOT to appeal Chiluba’s acquittal. He went ahead and appealed the judgement. It was the DPP who went and withdrew the appeal, for obvious reasons.
@23 JK – I’m not talking about the Chiluba trial JK. I’m talking about the recent case where Nchito entered a nolle on behalf of HH. Nchito was the DPP and he was advised by the AG not to appeal the High Court judgment but he ignored that advice – and proceeded to appeal.
BTW, it’s one of the charges Nchito is facing in this tribunal.
So, what were the public policy issues that caused DPP to refer this matter to the Attorney General. And why did the AG direct that it not be prosecuted. In an open and democratic society, public accountability is key. Everyone must answer for himself. If Nchito wants to take others down with him, thats all very well. It is important that that the judicial mess that has been created by people using it to wreak vengeance and score political points is cleaned up. In a Post editorial, in reference to the three judges suspended by Sata, The Post said that “the Judges would regret the rest of their lives”. Economic and social progress will only be achieved by respecting and developing institutions and protecting their integrity, rather than elevating individuals to dubious status.
JK don’t be naive. You expect a simple person to take on Mutembo? If you how cartels work you wouldn’t suggest that
Those Nigerians who have come are those Mutembo went fish privately and paid them to secure a conviction of RB. But another Nigeria came to testify against these Nigerians. It just shows how dirty Mutembo was as DPP.
Fact is cartel manipulations are over
DjR, please no “beerhall talk”! I suppose you have proof that Mutembo went to “fish” those Nigerians out? And that he “paid them money”? How much did he pay them? Show us the PROOF! We are not children!
And Mr Kahks, can you show us proof of this so called “cartel”? Do not expose your ignorance by simply mouthing what Richard Sakala has coined for his own ends. Like someone has said, when it suits you Miles Sampa & the VP belong to the ‘cartel’! Everyone who disagrees with you is a member of the ‘cartel’? I can assure you it is a figment of the imagination! Howcome everyone knows what the ‘cartel’ is planning? Do we all belong to it? Maybe they hold their “secret” meetings at Manda Hill!
Nguni and Company,you want to embarrass Sata,ps legacy.Mind you,you are not the orignal owners of Pf.We Bemba are extremely disappointed how you are usng DPP ‘s case to embarrass our late beloved president knwng well govt system that certain decision on nolle came fr de president through attorney general.We are seriously mornitorng the events.PF TWA SEBANA
@23.1 Ricky Bobby, noted! I actually was referring to the chiluba trial! Sorry!
With regard to HH, Mutembo’s submission at 11 (a) ii basically says that the law under which HH was being prosecuted was declared “null and void”. So even if they appealed, how were they going to sustain the case in court when the law on which they were relying had been struck down?
The only option was to discontinue the trial thru a ‘nolle’! Makes perfect sense to me. What do you think?