THE Law Association of Zambia (LAZ) has summoned Lusaka lawyer and former Taskforce on Corruption prosecutor Mutembo Nchito to explain why he appealed against the acquittal of former president Frederick Chiluba without consent from the Director of Public Prosecutions (DPP).
Mr Nchito has been given 14 days in which to respond to the summons failure to which the legal practitioners committee would proceed and pass a verdict in his absence.
This is according to a letter dated May 5 signed by LAZ administrative assistant, Sipelile Mwilwa to Mr Nchito of MNB Legal Practitioners.
“Please note that the committee may proceed to hear and determine the complaint in absence of your response should you fail to respond as requested,” states the letter from LAZ.
[pullquote]Mr Nchito has been given 14 days in which to respond to the summons failure to which the legal practitioners committee would proceed and pass a verdict in his absence.[/pullquote]
Dr Chiluba had complained in a letter to LAZ dated August 27 last year that The Post newspaper carried a story stating that the State had appealed against the judgment entered in favour of the former president on August 17, 2009.
The story published details and grounds supporting the appeal and further reading showed that instructions to Mr Nchito sanctioning the appeal were written by former Taskforce on Corruption executive chairperson Max Nkole and not the DPP.
It also emerged that the instructions that were dated August 21, 2009 were copied to the DPP, Chalwe Muchenga and late president Levy Mwanawasa.
The DPP responded to the letter and refused to give consent to the appeal and instead advised Mr Nkole and Mr Nchito to give him the judgment to help decide whether the appeal was relevant.
“We are, therefore, surprised that an agent in Mr Nchito has blatantly usurped the constitutional powers of the DPP and proceeded to appeal in the case even in the face of clear cautionary instructions from the DPP,” Dr Chiluba said.
The judgment related to a case where Dr Chiluba was co-charged for offences of theft by public servant with former Access Financial Services directors, Faustin Kabwe and Aaron Chungu.
Dr Chiluba contended that he was surprised an appeal could be lodged on the basis of instructions from Mr Nkole and declared that such instructions were illegal in his letter to LAZ.
He said Mr Nchito produced letters of appointment from the DPP to prove he was a public prosecutor when his status came under question and wondered why he could get executive instructions from Mr Nkole.
It was Dr Chiluba’s submission that the actions by Mr Nchito were designed to remove constitutional options available to the DPP and cause chaos if Mr Mchenga attempted to exercise his powers as provided by the Constitution.
[Times of Zambia]