FORMER President Frederick Chiluba has complained against Task Force prosecutor Mutembo Nchito’s conduct which is allegedly designed to remove all constitutional options available to the Director of Public Prosecutions (DPP).
Dr Chiluba, in a complaint letter dated August 27, 2009, to the Law Association of Zambia (LAZ) on the conduct of Mr Nchito of Messrs MNB and Partners said the DPP, Chalwe Mchenga was subjected to public embarrassment by the alleged illegality promoted by Mr Nchito.
Mr Nchito filed an appeal against Dr Chiluba’s judgement in which the latter was acquitted of six counts of theft by public servant involving about US$500,000 without consent from Mr Mchenga.
Dr Chiluba said actions such as those exhibited by Mr Nchito bring the profession into disrepute and ridicule, adding that it is unacceptable that lawyers should be at the forefront of breaking the law.
Dr Chiluba said in a letter signed for him by his spokesperson Emmanuel Mwamba that Mr Nchito is a long standing legal practitioner who is familiar with the law.
“Therefore, his conduct in this manner amounts to deliberately breaking the law by attempting to appeal against Dr Chiluba’s judgement without lawful instructions or directives.
“We believe that Mr Nchito also caused the publication of this appeal in the The Post of August 24, 2009 even before the so called appeal was lodged in court,” he said.
Dr Chiluba said the appeal has promoted constitutional breaches, adding that the action by Mr Nchito was further designed to blackmail the DPP to take no other position other than that promoted by him and former Task Force chairperson Max Nkole.
“We are reluctant to include Mr Nkole in our complaint as we are not aware of his status with LAZ. However, in the event that he is your member, this complaint of misconduct should extend to him,” he said.
Meanwhile, the Law Association of Zambia is wondering on what basis those attacking the judiciary over Mr Chiluba’s acquittal are basing their argument because copies of the judgement are not ready.[quote]
LAZ president Stephen Lungu said in an interview yesterday that the association has not commented because it has not seen copies of the judgement.
Dr Chiluba was acquitted on six counts of theft by public servant involving about US$500,000.
Mr Lungu said LAZ can only comment after obtaining a copy of the judgement.
“Our silence has basically been because we have not had sight of the judgement and once we do, we shall make an honest and impartial comment,” he said.
[Zambia Daily Mail]