EVANGELICAL Fellowship of Zambia (EFZ) has said Director of Public Prosecutions (DPP) Chalwe Mchenga acted within the law to withdraw the notice of appeal filed by the Taskforce against the acquittal of second Republican president Frederick Chiluba.
EFZ Executive Director Bishop Paul Mususu said in an interview yesterday that the DPP acted within the powers conferred on him by the Constitution.
Bishop Mususu advised political leaders and Zambians in general to exercise caution when commenting on Dr Chiluba’s acquittal, saying there was need to avoid statements that would divide the country.
He said Zambians should realise that the powers to prosecute were only vested in the DPP and that the people should not think desired results in the fight against corruption could only be achieved once Dr Chiluba was jailed.
The bishop advised political leaders to take a lead in uniting the nation by sticking to what was required of the law when making statements over Dr Chiluba’s issue.
He said there was need for Zambians to avoid only hanging on to Dr Chiluba’s case but also realise that the country needed to move forward if it was to develop.
And Lusaka lawyer, Kelvin Hang’andu has petitioned the High Court to dismiss Director of Public Prosecutions (DPP) Chalwe Mchenga’s withdrawal of the notice of appeal filed by Taskforce prosecutor, Mutembo Nchito against the acquittal of former president Frederick Chiluba.
Mr Hang’andu said in a petition filed in the Lusaka High Court registry yesterday that although the DPP had the authority to stop the appeal against Dr Chiluba’s acquittal, he should have consulted the attorney general before doing so.
“The DPP willfully neglected to obtain the requisite directions from the attorney general as prescribed by Article 56(7) of the Constitution before acting as such,” Mr Hang’andu said.
Attorney General Mumba Malila said in an interview yesterday he had not seen the petition and would only comment after studying the document.
Mr Hang’andu said in the petition that because the DPP did not seek the attorney general’s advice, his action amounted to abuse of or unlawful use of public office.[quote]
He said by withdrawing the notice of appeal filed by the Taskforce on Corruption, the DPP stifled the constitutional right and freedom granted to parties to a criminal trial, of equal protection of the law as enshrined by Article 11 (a) of the Constitution.
Mr Hang’andu wants the court to order that the notice of intention to appeal in the case against Dr Chiluba was validly entered and must proceed by the High Court in a regular manner.
On Thursday, Mr Mchenga said the State will not challenge the acquittal of former President Frederick Chiluba because the appeal is unlikely to be successful.
Mr Mchenga said that evidence before court shows that the Zamtrop account from which Dr Chiluba was alleged to have stolen about $500,000 received money from sources other than the Government.
“An appeal should only be made when there is a likelihood of it succeeding. Appealing because of concerns of members of the public without regard to the likelihood of success is actually an abuse of the judicial process,” Mr Mchenga said.
Mr Mchenga said there was evidence before court that money in excess of US$8.5 million was paid into the Zamtrop account from other sources and Dr Chiluba made a statement that some money had been placed into the account on his behalf.
{Times of Zambia]
President Rupiah Banda says the courts will determine whether former President Frederick Chiluba is entitled to the $8 Million US dollars he claims to have deposited in the government ZAMTROP London account.
