Speaker of National Assembly Dr Patrick Matibini has been challenged to summon and prosecute Director of Public Prosecution Mutembo Nchito to Parliament for having lied during his ratification process, which is a serious criminal offence.
The challenge has been thrown by former Solwezi Central MP Mr Lucky Mulusa who said prosecuting Mr Nchito would serve public interest beyond the narrow aim of merely ensuring that the Speaker’s office was not brought into disrepute.
Commenting on the recent summoning by Parliament of two opposition leaders, UPND’s Mr Hakainde Hichilema and APC’s president Mr Nason Msoni, Mr Mulusa said before calling the two leaders it was important to remind the Speaker of a more serious criminal offence involving the DPP.
In a letter to the Speaker dated June 15 Mr Mulusa said: “You will recall Sir that about this time last year I raised the issue of Mr Mutembo Nchito, the Director of Public Prosecutions (DPP) having lied to Parliament during his ratification process,
“This act Sir, under Cap 12 of the Laws of Zambia is a more serious misdemeanor than the ones alleged to have been committed by Mr Hichilema and Mr Msoni,”
Mr Mulusa said failure to summon Mr Nchito first would cause Parliament to be the body bringing the office of the Speaker of Parliament into contempt, ridicule and disrepute.
Mr Mulusa quoted section 104 of the penal code which states “ any person who before the Assembly or any authorized committee intentionally gives a false answer to any question material to the subject of inquiry which may be put to him during the course of any examination shall be guilty of an offence against section 104 of the penal code”.
He said Mr Nchito gave a false answer to the committee which had shared concerns with him that it was the PF government’s wish that former president Mr Rupiah Banda immunity be lifted.
Mr Nchito’s assertion that Mr Banda targeted him and that of the downfall of Zambian Airways, a company sop dear to his heart, was a consequence of that targeting, would compromise his position.
It was also pointed out to Mr Nchito that the prosecution of Finance Bank owner Dr Rajan Mahtani whose bank he (DPP) was indebted to, was awaiting the new DPP’s instruction.
But Mr Nchito allayed these fears by stating that he would not personally prosecute Mr Banda and that he would declare interest in any matters involving Dr Mahtani.
“Interestingly to note, Sir, that Mr Nchito despite assuring the committee, nevertheless went on to enter two nolle prosequi favour Dr Mahtani,” said Mr Mulusa.
He said Dr Mahtani in turn discontinued claims against him (Mr Nchito) for the US$4.2 million loan owed to Finance Bank by Mr Nchito, adding that by this action Dr Mahtani was possible caused to commit possible corporate fraud.
“Unless the Zambian Revenue Authority clarifies that the US$4.2 million Nchito debt write off was not allowable expense for the purpose of taxation, Dr Mahtani possibly also evaded tax payments as a result of lost interest income from which the public should have earned VAT on interest income and corporate tax on net income,” said Mr Mulusa.
He said if the Speaker should neglect prosecuting Mr Nchito then he would also run the risk of abetting crime as there was no provision under the law that allowed him (Speaker) to cast a blind eye to an act of criminality of that nature.
He said the Bank of Zambia too needed to ensure that banking activities were devoid of actions that threatened stability in the financial sector.
“The external auditors of Finance Bank should also have called the attention of the shareholders to this single action of debt swap for personal liberty by a shareholder using bank resources.
He said the bank resources were public depositors money and that meant they were more entities that abrogated their duties and may also be summoned to appear before Parliament.
“You will notice that his misdemeanor has had far reaching consequences and has affected the general public directly and contributed to the loss of public confidence in our legislative and judicial system, “It will be a more honourable case to purse than the mundane alleged misdemeanors by Mr Hichilema and Mr Msoni,” said Mr Mulusa
It is crystal clear that under Cap 12 of the Laws of Zambia section 104 of the penal code DPP Nchito has committed a crime. Before all the world which is watching let the Speaker go ahead and take action as proof that Zambia is not being run like an animal farm where some people are more equal than others. The current situation is a total disgrace and negates the Zambia’s fight for freedom.Zambians wake up before its too late!
Both you and i know that nothing will be done about this as is the zambian way of dealing with such issues.
Muli sana ifyabupuba mu Zambia! Icalo ubusuma twashila amafutu
Tell us mulusa when your seat will be declared vacant than always talking about others you corrupt moron
@lamfras it’s dorks like you that are keeping Zambia in the dark ages.It’s dorks like you that give white supremacists reason to justify their beliefs.Serious issues have been raised ,are you so illiterate you can not discuss the content of the story? Think of the future of your children and get your face out of your as.s
@lamfras it’s dorks like you that are keeping Zambia in the dark ages.It’s dorks like you that give white supremacists reason to justify their beliefs.Serious issues have been raised ,are you so illiterate you can not discuss the content of the story? Think of the future of your children and get your face out of your as.s
@futureofzambia……i admire your desire to see justice done.But that desire will not take you anywhere as this Zambia where no justice is taken on officials who commit such crimes.
Don’t bring children here.
In fact that in picture is a colored child, and already looks uwatumpa. A child born of a white woman/man, and yet you don’t like white people. You scared of their future, I know America is fbrarrie expensive. In fact don’t take colored children to Zambia, they believe that “colored boys are thieves and girls end-up amahule”. But bottom line is that balatumpa sana, except Given Lubinda.
I am sorry but issue of Mutembo and his theft + abuse, has nothing to to with future of Children.
WE NEED MEN LIKE NCHITO TO BRING SANITY TO THE JUDICIARY. THE WAY HE PROSECUTED RICHARD SAKALA AND ENSURED THAT HE GOT 5 YEARS IN PRISON. LAW BREAKERS ARE ALWAYS AFRAID OF NCHITO. AT THE MENTION OF HIS NAME SUCH PERSONS SHUDDER WITH FEAR TO THE POINT OF PISSING IN THEIR PANTS. NCHITO IS A ” PIN IN THE WRONG PLACE” OF ALL LAW BREAKERS LIKE MULUSA.
Just because Nchito successfully prosecuted Richard Sakala, does not give Nchito immunity to prosecution for crimes he committed in the past and those he will commit in the future. Everyone in Zambia ought to ve treated equally before the law.
Good on you Mulusa… I had lost hope in your potential the way you acted and behaved during the recent MMD leadership wrangles but you may as well win me back into your corner if you continue in this path. Now if only those tools and loafers kn parliament could follow up on your concerns you have raised.
Mulusa here you talk sense now Mr Speaker do the right thing but i believe you can’t do anything because you got that job through the cartel show us now if it is not true this is your chance to redeem yourself and your integrity.
Very revealing article to which all PF member and its sympathizers would not see any sense of debate on this important matter that will affect my grand children in future. PF govt mat suppress all this dirt but Zambians are alive to their fundamental human rights and a time of reckoning is soon coming. Donchi Kubeba will be ineffective as is slowly being realised by all Zambians.
But parliament is not a law enforcement agency neither do they have power to prosecute anybody. Mulusa what are you saying?
If Mulusa is serious, he should raise a formal complaint to the police (report the crime committed by Nchito) OR he should just decide to criminally prosecute Nchito himself if he does not believe the police can open a docket against Nchito.
People we are a democracy and there is such a thing as separation of powers. Parliament makes laws (headed by Speaker Matibini), the Executive (headed by the president ba Sata) implements those laws and the Judiciary (headed by Acting Chief Justice – mama Chibesakunda) interprets those laws.
So the instruction by Mulusa to the speaker is misdirected and will not receive any attention.
When did you become learned?
Viva Nchito, Zambians are behind you!!!!!
It seems Nchito is using that position purely for himself and to run away from our nkongole, that nkongole will haunt him and can cause his downfall, I know you feel
Like you above the law Nchito since you on the other side, you will soon face the
Same law you flaunting and disregarding
@FUTURE OF ZAMBIA. Do you use your ass to speak? How the hell will you get justice with you *****s defending RB and team?? a.s.s hole