Politics

Nchito Writes Emotional, Hysterical Letter to Rupiah’s Lawyer

DPP-Nchito-BandaZambia’s Director of Public Prosecutions Mutembo Nchito has found himself in hot water lately over the handling of several politically sensitive cases, including the two cases against former President Rupiah Banda.

Now, according to exclusive correspondence obtained by Zambia Reports (click image to download), Nchito has lashed out in an emotional, hysterical attack against the former president’s legal team, steadfastly refusing to stand down from taking over the contempt of court proceedings against his close associate Fred M’membe.

According to a letter to the DPP dated 8 May 2014 signed by former President Banda’s lawyer Makebi Zulu, the legal team raises a series of concerns that Nchito would be unable to remain an unbiased prosecutor in the matter, especially in that he himself would likely be a witness, that his law firm represents the defendant, and that he and M’membe are a known business associates. Zulu writes, “Your involvement in thus mala fides and amounts to an abuse of constitutional power. Your exercise of that power is unconstitutional as it, inter alia, infringes on the complainant’s right to a fair trial. Without doubt, your perceived bias is inescapable and is likely to render the proceedings a sham, mistrial, and consequently a travesty of justice.”

The corresponding response letter from Nchito, signed by the deputy chief state advocate, did not offer a counter-argument with regard to the constitutional issues or promise neutrality – instead it openly attacked Zulu in a very emotional and rude tone.

“This office is taken aback by the sentiments expressed in your letter,” Nchito wrote. “You as an advocate in this action, have clearly exhibited high levels of incompetence and lack of understanding of basic principles of law.”

Nchito argued that any concerns about him prosecuting his business partner’s case are “premature,” and that the complaints about his conduct were “unpalatable” and “totally unacceptable.”

The letter from the DPP declared: “In view of your unprofessional conduct, your request to the DPP to withdraw from this matter to allow the Complianant herein to private prosecute this matter is rejected.”

Former President Banda’s legal team respond to this letter, expressing their disappointment that instead of addressing the legitimate concerns they have raised, instead Nchito only attacked the professional ethics of Mabeki Zulu – which they believe only confirms apprehensions about the DPP’s ability to remain unbiased.

The trouble with Nchito’s role in the controversial Banda case and the alleged bias dates back to an appearance the DPP made before a select parliamentary committee in December 2011, during which he swore that he would recuse himself from prosecuting any matters concerning President Banda or Finance Bank Chairman Rajan Mahtani. When it became apparent that Nchito had lied under oath to parliament, Lucky Mulusa took him to task, demanding his resignation.

The matter became further complicated when the DPP decided to take over M’membe’s contempt case. Not only was Nchito’s law firm serving as defence counsel for M’membe, but also the two men have been accused of using state powers to avoid the repayment of K14 billion loan to the Development Bank of Zambia (DBZ) relating to the bankruptcy of Zambian Airways. Many analysts have observed that the issue of the unpaid DBZ debt has wreaked havoc on the legal system.

7 Comments

  1. Stan

    Nchito is a thief. He stole Road Air from late Chiluba. He was a front for late Chiluba to acquire Roan Air when it was privalised and hence the hatred that Nchito had for late Chiluba. To finish this snake and his business partner, new government shall just tell KCM and other mines to stop loading copper on the trucks of his business partner. The fella will not be able to pay loan and all trucks will be grabbed. The Past newspaper and Nchito will be a history. I blame Rupiah to follow the rule of law and allow Rajan Mahtani and the members of cartel to go unpunished. Justice delayed was justice denied to the people of Zambia (K14 billion plus interest lost), billions stashed outside by Rajan Mahtani goes unaccounted, they allowed to continue stealing, bribing, intimidating and depriving other businessmen the right to livelihood and compete on fair and levelled ground.

  2. Mundia M.S.

    Sata is rewarding Nchito and Mmembe for the lies they churned out and made Sata win in 2011. Zambians were conned and are paying for the sin of voting a headless chicken to Plot 1.

    • eagle's eye

      Nchito was actually the main author of those deceptive stories that the “Past Newspapers” ran in the run-up to the 2011 elections. Yes, I totally agree that Sata(n) has rewarded Nchito & Mumembe big time but the upshot is that Zambians were shortchanged into electing a bunch of people who had no strategic plan and are clueless as to where they want to take the country.

  3. Native

    Justice Minister State Counsel Honourable Kabimba commented during pillow talk, Awa.

  4. Bulaya

    Every dog has his day.

  5. It's a worry

    It’s a little “rich” for the DPP to talk about the “Integrity of the nobel proffession” when we have an overflowing catalogue of his failure to maintain or observe the very intergrity he is trying to insist on others. I can start with the case of “forgery” which he has never disputed. Then add another case of “fraudulently” trying to avoid repaying a loan owed to the Zambian people. Then is trip to Nigeria where he conveniently ended up in the same hotel with his key witness, Kachingwe before roaming the lobby at a convenient time – just when Kachingwe and the other key Nigerian witness in Akapene happen to “bump” into each other in same lobby. Even a sch boy would “smell a rat” in the DPP’s behaviour but then he wants to remove the spec (if any) in Mukebi’s eye. Infact, by all accounts, it appears logical and certainly commonsense when you follow Mukebi’s argument.

  6. FuManchu

    The forgery and lying under oath have gone to sleep just like that! The way affairs are run in Zambia kuti wapena! Everything is like a tractor stuck in the mud revving loudly and not moving an inch!

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