The Anti Corruption Commission (ACC) has been challenged to investigate Parliament and determine how Director of Public Prosecution (DPP) Mutembo Nchito was ratified inspite of negative reports, some in court impinging on his character and integrity.
In a letter to ACC Director-General Roselyn Wandi, Brebner Changala suggests that Parliament too should be investigated for ratifying Nchito when the man had heavy luggage of sorts of litigations on his head.
He also called on the ACC to investigate Nchito for abuse of power in that the DPP obtained pecuniary advantage by entering a Nolle Prosequi in favour of one of his creditors (Dr Rajan Mahtan).
“When Mr. Nchito took office as DPP, the first thing he did was to remove the Chief of State Advocate and her deputy who are two senior most prosecutors. Was the civil service regulation followed? Was this act within the law?” he questioned.
This looked like a carefully planned and neatly executed move in order for him to abuse power of which the two were perceived to be an impediment.
Mr Changala said he understood the constitutional independence and the enormous and yet noble powers vested in the office of the DPP but he however said he could clearly see a trade in justice.
Mr Changala wondered whether Parliament was availed enough and credible information on Nchito before it ratified him as DPP. He said Zambian needed a credible and vibrant DPP to fairly prosecute its many cases.
“What role did our security wings play to clear the candidate? Was Parliament aware that the candidate for DPP office forged a Judge’s Order (Supreme Court Judge Gregory Phiri? What type of input did LAZ submit to the select commit in parliament?” he asked.
“Was parliament aware that this candidate had at one time walked out on a High court Judge while the court was in full session, there by demeaning both the court and the presiding judge?
“This was contempt of the highest order. I’m asking all these questions, because the current DPP came into office laden with heavy luggage of all sorts of litigations on his head,” Changala says
He said parliament should have waited until Mr Nchito had attended to all his outstanding cases against him.
Mr Changala observed that prosecutors from the ACC had to be approved by the DPP who had glaringly abused power, a situation that puts the criminal justice system in grave danger.
He warned that if the Commission did not act, it would throw the entire fight against corruption into disarray.