It is a shame that in Zambia’s criminal justice system, a criminal stands tall to prosecute other innocent souls as criminals. This is the case of Director of Public Prosecutions Mutembo Nchito.
In this justice system, the doctrine of he who comes to equity must come with clean hands does not apply. Mutembo Nchito is not a credible lawyer to prosecute anyone for corruption. He is corrupt, debt ridden and discredited. He is a fraudster (the case before Justice Gregory Phiri), he has traded the criminal justice system to other criminals like Finance Bank owner Rajan Mathani.
This is not the way a country should run. Zambians should rise and save their beautiful country from the jaws of criminally minded persons like Mutembo Nchito who want to posture like saints. Here is why Nchito must resign! He is a shameless liar.
This is how he conducted himself before a respected body such as Parliament.
“Asked whether he would not use his position as DPP, if ratified, to target perceived opponents, the Nominee stated that the job of a prosecutor was a very challenging one and going into it with an agenda to settle scores would make it more complicated.
“He explained that if given the job, his guiding principle on every prosecution would be to follow the rule of law regardless of who was involved. He reminded your Committee that the Office of the DPP comprised many other officers such that whenever necessary he would recuse himself from prosecuting cases where he would have an interest and allow another prosecutor to handle the case”.
This is what is contained on page 20 of the Report of the Parliamentary Select Committee to Scrutinse the Appointments of Mr. Mutembo Nchito and Mr. Musa Mwenye to serve as Director of Public Prosecutions and Solicitor General of the Republic of Zambia, respectively.
The 34 page report was presented to parliament on December 20, 2011 by the committee Chairperson Lucky Mulusa Member of Parliament for Solwezi Central. Based on recommendations by Mulusa’s committee Nchito was ratified as DPP.
Part of paragraph 6 on page 19 states, “Asked whether he had paid back a $350,000 personal loan obtained from Development Bank of Zambia, the Nominee clarified that the said personal loan was obtained from Finance Bank Limited and not from Development Bank of Zambia.
“The Nominee noted that the loan could not be made to Zambian Airways as the Airline had exceeded its maximum limit to borrow. In this regard, the Bank had advised that the loan would only be approved if the directors made personal guarantee to repay it”.
Now here in lies the problem! By a stroke of a pen Rajan Mathani who is said to be the owner of Finance Bank Limited had his criminal case stopped through a nolle. Yes too quick, too soon!
Early this year journalist, broadcaster and documentary film maker Chanda Chimba, III was arrested on charges related to Stand Up For Zambia a television documentary which talked about Zambian Airways and Mutembo Nchito among other people and organisations including Michael Sata and the Patriotic Front, PF.
Nchito has a civil suite against Chimba as a result of this and the matter is still pending in the High Court. But today Chimba is appearing in the magistrates court on various charges that are being prosecuted by the DPP, Nchito. Shouldn’t he have recused himself like he indicated to the parliamentary select committee.
As if that is not enough, Nchito is the lead prosecutor in the case involving fourth president Rupiah Banda. The man is simply not sincere. If doing a nolle on Mathani is not about scratching someone’s back and if prosecuting Chimba and personally taking charge of Banda’s case is not settling scores then what are we going to call all this?
The last sentence of paragraph 5 on page 18 of the report states, “He stated that due to the constant public attacks by the former Republican President on Zambian Airways, the airline lost public confidence and hence it collapsed”.
It is very clear that Nchito blames the downfall of Zambian Airways on Rupiah Banda and that is why today he has no shame whatsoever to personally lead the prosecution against the former head of state. Is this what he meant by submitting to the committee that his motivating factor was his desire to make a difference to public prosecution in Zambia?
Well, in all fairness, the DPP has made everything much more complicated and yes, Mutembo Nchito just must resign!
If Mutembo Nchito can’t be trusted with the basic truth before a Select Committee, he lies through his teeth and with a pointed face, how can he win our confidence on corrupt nolle prosequi he has awarded his creditor Rajan Mathani?