FORMER Taskforce prosecutor Mutembo Nchito has said the Law association of Zambia (LAZ) legal practitioners committee cannot charge him because he was not subject to control of any person or authority as a gazetted public prosecutor.
Mr Nchito has argued that he enjoyed delegated authority from the DPP and could not be subject to control by any other person or authority except the DPP.
But LAZ Administrative Assistant Sipelile Mwilwa said that Mr Nchito should raise the issues as a preliminary objection for consideration by the committee at its sitting.
Mr Nchito has contended that the complaint filed by former president Frederick Chiluba was an attempt to usurp constitutional powers of the DPP.
Mr Nchito has been summoned to defend himself against two complaints at a hearing to take place this Friday after the complaints by Dr Chiluba and his former press aide Richard Sakala.
Mr Nchito is expected to appear before the committee at LAZ offices on plot number 1, Lagos Road at 12:00 hours from day to day until the matter is concluded.
Dr Chiluba complained to LAZ that he filed an appeal in High Court against his acquittal by a magistrate without the authority of the DPP.
Mr Sakala’s complaint to LAZ was that Mr Nchito took political decisions on instructions of late President Levy Mwanawasa as opposed to the DPP.
Mr Sakala contested that Mr Nchito received instructions from Dr Mwanawasa instead of the DPP who was the only officer to supervise a prosecution.
MNB Legal Ppractitioners, in a letter dated 13 May, 2010 to LAZ has stated that Mr Nchito was a gazetted public prosecutor as per gazette number 2 of 2002 and performed his duties on behalf of the Director of Public Prosecutions (DPP).
[pullquote]“What Dr Chiluba is attempting to do is to usurp the powers of the DPP contrary to Article 56(7), the very allegation he is leveling against Mr Nchito,” the letter reads in part.[/pullquote]
Mr Nchito’s lawyers argue that the constitution provides for the protection of the office of the DPP which privilege he should enjoy under article 56(4) of the Constitution.
Mr Nchito’s letter said the only authority under the constitution that can deal with him was the DPP who was the appointing authority but he had never received a complaint from the office of the DPP on the matter.
“What Dr Chiluba is attempting to do is to usurp the powers of the DPP contrary to Article 56(7), the very allegation he is leveling against Mr Nchito,” the letter reads in part.
Mr Nchito had also argued that to the best of his knowledge, Dr Chiluba was not the mouthpiece of the DPP.
Mr Nchito said the legal practitioners committee was a wrong forum for the complaint because what Dr Chiluba was challenging was the exercise of authority by the DPP.
He also cited a High Court ruling that was delivered by Mr Justice Mervin Mwanamwambwa on May 29, 2008 where there was an appeal filed by the prosecutor without the DPP’s consent. The judge ruled that the appeal was in order.
“In our view, the complaint is both frivolous and vexatious and must therefore be dismissed,” Mr Nchito stated.
The convening of the committee follows separate complaints filed by Dr Chiluba and former State House Press aide Richard Sakala against the conduct of Mr Nchito when he was state prosecutor at the disbanded Taskforce on Corruption.
According to a letter signed by LAZ administrative assistant Mwilwa and dated May 14, 2010, also summoned to give evidence on behalf of Dr Chiluba is his spokesperson Emmanuel Mwamba.
[pullquote]“In our view, the complaint is both frivolous and vexatious and must therefore be dismissed,” Mr Nchito stated. [/pullquote]
Ms Mwilwa said Mr Nchito should raise the issues as a preliminary objection for consideration by the committee at its sitting.
Dr Chiluba had also been advised to get legal representation at the hearing.
[Times of Zambia]
Brother Nchito, do not worry much as the time for FTJ Chiluba will come and he will have to answer to his theft and /or plunder of national resources.
We all know that Frederick Titus Mpundu Jacob alias FTJ is a THIEF who should be caged for a long time and the key thrown away.
the want to nail the Nchito brothers now. Comedy pa Z. just because the ruling fools are in good terms with the mpopwes (thieves)
You political dimwits have failed to fix the Nchitos through the Zambian Airways saga,now you wanna use frivolous methods and attempts from a shameless thief,one FTJ.Honestly,even if Zambians are docile(bo pwalala) how can a man who was driving a honda civic in Ndola and being a unionist suddenly have $8million just at the turn of the clock.Chiluba having $8million in that zamtrop account today simply means that his savings after excluding his other expenses were almost a million dollars per year.Someone tell me,is this possible.Besides these so called savings,the short man even managed to acquire expensive properties,shoes,suits,even state house budget has a maximum-FTJ plundered and we are ndwiiiiii!!!Zed lets wake up and this chap closed UNZA for months-0n-end kansi akuba!!!
mule,
The b.l.o.o.d of late innocent Mukelabai Mukelabai is crying loud on Nchito and Mmembe’s heads. How can he not worry when he is heading for Calvary with many sins? He was serving under the jurisdiction of the AG against whom he could not be protected if acting in contravention with the very authority and constitution he was hired to protect? The question is did he act under protection of the constitution by acting against the AG? Under what derived constitutional powers did he do so?
leave nchito alone and let our courts gage thieves who have been convicted by competent British courts. Laz should stop harrasing nchito and instead should summon the our high court bench who acquitted the former president when it is a well known factor that the london court had found him with a case.
bravo nchito
Why is it difficult for FTJ to keep quiet and just enjoy his pension like KK is doing? At times I tend to think his thinking is as challenged as his height!!!
ubuntu pa zed na comedy
How can a thief in the name FTJ use LAZ for his personal interest to get back at Mr Nchito? The LAZ we have now is too weak.
Now it is time have ka FTJ pay back, leave Nchito alone
“Mr Nchito has argued that he enjoyed delegated authority from the DPP and could not be subject to control by any other person or authority except the DPP.”
BUT BA NCHITO, WHY DID YOU WAN”T TO APPEAL AGAINST CHILUBA”S ACQUITTAL WHEN DPP REFUSED TO DO SO. WHO HAD MORE POWER SIR, YOU OR DPP?
Zambian law is like this one says ‘no’, the other one said ‘yes’ and then the judge said ‘ok’ (with a lot of jargons in between of course), then case ‘dismissed’ or somebody ‘appealed’. Does it ever end:-w
This ka FTJ chap is pushing his luck too far, he is still power hungry and wants to abuse the patience Zambians have.RB should be very carefull with this twit, otherwise he’ll(RB) find himself in serious trouble if continues allowing this twit abuse their freindship.Nchito cannot be intimidated and this will surely open a pandoras box.
To… Haambilwi-abana..
Truth was at his finger tips so stop asking useless questions….
There are liers, lawyers and damn liers.
Yes dont worry Nchito.We will solt them out soon.Dont even get bothered coz we are behind you!
#10 I think your understanding is not very good. What nchito is saying is that there has been no complaint from the DDP about him appealing against Mr Chiluba. so why should then Chiluba file a complaint on behalf of the DDP? you need to understand the LAW before you can fully see what is going on here. i can assure you that Mr Chiluba sees this as chance to fix those who prosecuted him because the govnt of today is behind him. i pray that one day i shall see justice in Zambia. every Zambian knows what Chiluba did,people who prosecuted him are today praising him. people like George Kunda! these are maggots that should not exist in any meaningful society because their existence is detrimental to equality before the LAW.
i for myself do not see why nchito should continue. he has not prosecuted an case to its logical conclusion. can any anyone name one such case. his perfromance appraisal rating would is very low with respect to the so called plunder cases. he deserves the boot…
# 3 Closing UNZA for 8 months, freezing wages for Government workers for 3 years, murdering opponents, mass theft of puplic funds, screwing hules from Congo, you name it. And # 16 Zedian they are both maggots and bigots. Nchito’s only crime is that of being on the side of the Post.
Comment 17, its many cases concluded by Nchito. 2 to 3 former Army Commaders have served jail, former ZANACO Director a Musonda was jailed 2 years and the case was prosecuted by Nchito. The Chungus cases and Kabwe cases were concluded save these people appealed against their conviction. Even Chiluba was going to jail but RB intervened to acquit him.
Nchito is one damn smart brother and i ^:)^^:)^^:)^^:)^^:)^^:)^ him.You haters cant bring the bro down,its a waste of time,you want to bet?
gentlemen Nchito was wrong to go against the DPP i’m not a chiluba supporter or any party in Zambia but i have respect for the law co’z i’m a lawyer please have a better understanding about what you write but not out of hate for your information Nchito has gained more than some you can imagine from the taskforce in terms of fees wake up.
The greatest tragidy about the Zambian story is that we have our priorities upside down, how on earth do you persue a prosecutor and leave an unrepentant evil thief to run around the country causing more damage? Nchito like his name suggests has done is job and proved the nak-ed thefts and lies of one notorious Kafupi uwabufi!
I pray that LAZ stands firm and never tolerate this man who comes from my village-I tell you fellow country men and women Ba Chiluba is a time waster for our brains-we have better things to think about…Ba Chiluba is a manipulator-May God forgive his ways—I am not proud of him
Bravo my brother and bululu Nchito. Baleibepafye bangwele they can’t kwanisha you. We will sort them out soon, and they will regret they were born here. Time is coming and pretty soon, and it shall be pay back time. They will soon sleep in their own urine at Chimbokaila. Just wait! Its coming.
24 lol and they will be entertained by lice and ifipu!
By Obert Simwanza
Ten years after fleeing war in the Democratic Republic of Congo, Muzungu Makoi says he is still haunted by memories of massacres and refuses to leave his home in a refugee camp in Zambia.
GRZ should give these poor people citizenship honestly…..:-??
Ninshi balefwaya ukulachusha umwaiche ? Yes am also of a belief that this is an opportunity Don chichi has seen to hit back on all of those pipo who had a part to play in his prosecution cases.:-?
How on earth has the issues fo the Congo come in into the persecution of Nchito?! Yamukombe kindly stick to the topic at hand!
My dear # 21 aka london, Nchito did not do anything wrong, they are is no need for fresh permission to prosecute when seeking an appeal to a higher cout…He also cited a High Court ruling that was delivered by Mr Justice Mervin Mwanamwambwa on May 29, 2008 where there was an appeal filed by the prosecutor without the DPP’s consent. The judge ruled that the appeal was in order.
#4 Patriot- No one can trust you and George Kunda. GK should have resigned during Mwanawasa’s time if what was happening vis a vis Nchito was illegal. But he stuck on. So what makes this Rupiah Banda, that GK wont turn against him once he is out of office. GK was part and parcel of the formation of the task force and the appointing of Nchito as PPP. He kept quiet and you Patriot and Co have not said any thing on this traitor Called VP. I was never a fan of Levy, but there is no way I can support how you dogs have turned on your former master. If Nchito is to be charged so should GK for his part.If he was a sincere person he could have easily stepped down. There is that letter by Sokoni which he flushed down the toilet remember?
….And about the fees an yet to meet a man who has a family and works for free! Mutembo and his comrades saved the zambian people millions of dollars london as if you are a lawyer as you claim to be, you should know that the handling the kafupi aquittal by GRZ stin-ks of abuse of power and unretrained lawlessness by the corrup and reckeless RB!
Rubbish Bin(RB) is behind all this nosense, all because he wants to stay in plot 1 for another 5 years. We produce copper and bullets are made out of this metal. Careful Rubbish Bin (RB)
IT REALLY PAYS TO STEAL PA ZED, REALLY PAYS. LOOK AT CHILUBA NOW, FINALLY HIS SMALL FINGERS ARE DEEPING INTO THE STOLEN WAND/WIFF OF MONEY. HE IS CHALLENGING EVEN THE COURTS, CHURCHES & EVERYONE ELSE.
IT PAYS TO STEAL PAZED. ONLY IN ZAMBIA DOES CRIME PAY ESPECIALLY IF YOU ARE NOT A COMMONER.
appear before the hearing nchito. the fight against corruption does not exit now. you are a pro but i still feel you prosecuted kafupi with hate coz u wanted him behind bars no matter what it took. job well done anyway
can you charge a prosecutor?????????? who / how / where / what happened/ did you do this and that? and after that did u?????????????????
34 its not about hate kafupis stealing is so massive that it brought the country to its knees and besides Mutembo didnt tell kafupi to did his small sticky fingers into the till and i have read most of the evidance that mutembo aduced and i have not been able to find any evidence of hate.
#13 Nsalama-THANK you for your posting over my “useless questions” on the subject.
#21 London- Thank you for seeing sense in my question of Brother Nchito.
BUT between the two of you, #13 nsalama uli inchitekwa and #21 London ulikateka.(please excuse my bemba)
The Nchito Boys could not nail Chiluba after a more than 5 years trail. I don’t like FTJ because he ripped the country off. But I respect him for defeating the hands of justice. He is a smart and sophisticated man. He will still be able to get away with it. He eluded Mwanawasa and Nchito for many years. He is still eluding Lupiya Banda. Nchito should not cheat himself that he could nail FTJ; achepa sana. The chap Nchito should be grateful to DPP he is now too rich to contemplate. The Nchito Brothers have been paid a fortune by a poor country like Zambia. The Boys were in the rush to appeal without the confirmation of their bosses the DPP, so that they can keep ripping the country off. FTJ and Nchito are all as bad as each other. They have all ripped the country off. The only difference…
The only difference is that one is an accused thief the other ones are spin lawyers.
Nchito is a nut,i agree with# 38 u hav jst made urself rich from th cases of chiluba u an th post.
The question is did this chap Nchito follow the laid down procedure, did he act within the rights of a public prosecutor, did he exhaust his available channels of appeal and act in accordance with the interests of the DPP’s office. If you can answer yes to all my questions, then the man is correct, but if at all you answered No on anyone of the above, then what you should know is regardless of the fact that we feel Chiluba is a guilty man, our feelings do not override the law. Remember law is never about morality, if it were, then most of us would be languishing in jail, law should be about justice, thus in this appeal procedure has justice truly prevailed, my simple answer is NO.
The difference, one is a decent Patriotic Lawyer saving under crooks, defending a fellow crook, liar and thief. Only the trueth and correctness stands for a test of time.. Rupiah and Chiluba will go down in history as biggest crooks in collaboration
#38 and #39 A very interesting analysis. As the saying goes: “YOU CANT FIGHT EVIL WITH EVIL, IT JUST DOESNT WORK”. Indeed in their quest for more court time (which meant more dollarsin their pockets), they through out their knowledge on procedure, and rushed to secure more wealth.
If Nchito is relying on the Mwanamwamba judgment in his case does it explain why we are having a lot of trouble registering the London Judgment because there are several judgments that say you need to have had a reciprocal agreement and an S.I. issued by the President? I.e. -the case of Northern Electricity Vs some white chap who worked for them in 1966? Can’t remember the exact date. Or will Mutembo now say this is different? And his case is best referred to a recent ruling? But anything can happen with Mutembo and Fred Mmembe the little brats have corrupted their brains so much it’s beyond reason…. The mind boggles how Zambians could be taken for such a ride by little thieves!!! They did use the cabbage alright!!! US$30 million!!!!
The real thing is that FTJ is running Zambia and RB is VP.I bet you dont need to waist much time just listen to MMD speaches.
Has this man considered standing as President. i think he has the personality to stir Zambia, besides hes young and patriotic
the circus continues…wish Chiluba would concentrate on serious matters for once…like poverty for instance instead of his personal vandettas
On “Mr Nchito has argued that he enjoyed delegated authority from the DPP and could not be subject to control by any other person or authority except the DPP” I hope that LAZ will soberly consider this revelation at an appropriate time.
Be blessed dal.
_
Matt 6:33
Am done, I hate all those in leadership in Zambia, **** them all
It is very strange indeed to observe the happenings in Zambia. Mutembo and the many young Zambians like Fred of the post should be encouraged and not condemned. They have been very brave to stand up to the corruption fight. The fight for economic freedom and a better life for Zambians has finally come. There is a cohort of young Zambian men and women, professionals, farmers, traders, musicians, pastors, priests, students etc who want a better Zambia. Mutembo belongs to these economic freedom fighters and you will not manage to put him down.
#16 you have completely misunderstood what #10 is saying. He has quoted the part of Nchito’s statement which he has referred to in his contribution. By withdrawing the appeal, the DPP refused to appeal didn’t he? What you are referring to is another aspect of the Nchito statement. I am not taking sides here either for or against Nchito, just clarifying issues. Legal matters are complicated so I will wait for the outcome of the LAZ hearing which I am sure Nchito will attend, for his own good.
LAZ should not allow itself to be used by such a crooked person to achieve his crooked ends. Not now nor ever. %-([-x
Nchito we are all behind you. We all know how much you love mother Zambia to the extent that you fought a lonely, yet very dangerous battle to bring ka chiluba and his gang of thieves and crooks to book. Is this how Zambians are gonna pay you back? Come-on Zambians let’s be serious with the future of our nation for once. We would all like to see our children and grand children have a better tomorrow and not let these shameless buffoons (RB and the bandwagon) continue rapping our nation in broad day light. Zambians rise and defeat these evil thieves. ka chiluba now your heart illness has suddenly healed? Beware, 2011 is just around the next corner; anal-mate RB will not survive this coming political Tsunami. Then we will really sort you out and you can have RB as your cell-mate/anal-mate!
#53 Whatever his shortcomings, Mr Nchito is a gentleman. If you were the only person to support him in this matter I am very sure that he would reject your support just because of your language. He would certainly not want to associate with foul mouthed scam like you.
#54, RB started all this so called foul mouth of yours. And don’t let me get at you becoz I’m not gonna spare not even your clitoris!
Laz know very well that the biggest thief is not chiluba but Nchito.The last wasted 7 years have proved Nchito a failure in the way he handled the case.You are all praising some one who has been eating your money in the name of prosecuting chiluba but making himself rich by eating tax payers money.ARREST chiluba and prove that he is a thief?Give us the evidence to prove he stole?The only evidece i see are shoes and suites people are crying for.I have more shoes than chiluba had and i think persuing such a case is a waste of tax payer money.My fellow zambians lets stop this chiluba case nonsense and consetrate on the masses of people who suffering.
#56, I would love to think you’re a fool!!
# 21 did u say Nchito has gained more than some you can imagine from the taskforce in terms of fees or has stolen? What are fees? You have a brain miscarriage!
# 56 your day is 1st April
#55, I am sure that you got the point and that nobody in his right senses can stand by you, certainly not Mr Nchito. As for your threat I would have suggested that you try someone else, no names mentioned in case I sink to your level…..
I will be very dissapointed if LAZ will not deffend Nchito ,especially if there are going to be used by FTJ to fight their omn son Nchito.
FORMER Taskforce prosecutor Mutembo Nchito acted illegally when he appealed against the acquittal of former president Fredrick Chiluba last year by disregarding a directive of the Director of Public Prosecutions.
According to correspondence obtained by the Times of Zambia, DPP Chalwe Mchenga had on August 21 last year directed that the appeal against Dr Chiluba should not be lodged until after he had studied the judgement to determine whether or not the appeal should go ahead.
But Mr Nchito went ahead to appeal against the judgement on instruction from the then Taskforce chairperson Max Nkole despite the directive from Mr Mchenga.
After the appeal was made, Mr Mchenga wrote to the Taskforce’s new executive chairperson Godfrey Kayukwa and stated that the decision to appeal was…
Nchito is such a good damnn Lawyer and please leave the young man alone. Chi RB becareful Nchito is above such nonsense you are trying to bring on . The guy is untouchable and cannot be compared to stupid lawyers you have. Take on him but just know that you will fail lamentably. VIVA Nchito !!! am proud of you man .
It appears this TF lawyer benefited immensely at the expense of many Zambians and wanted to continue making money out of ‘politics’. How do you ,as a private prosecutor, pursue a case of for example of “not following tender procedures” when infact you yourself have been engaged without following tender procedures? Isnt this fraudulent? Those to do such jobs should be above reproach. Not those going into it for money at any cost . These are some of the cases that could be followed up at the desolved TF.
FTJ should not be taken for granted just because he dribbled an own goal in 2001, he is set NOT to make the same mistake again. My take is that Nchito got so lost in making money that he forgot he was dealing with a schemer. He is now soooooo entangled that no one can let him loose. Its game over FTJ 1:1 MNB. FTJ simply wants to atone for the own goal and he appears to be one step ahead.
LAZ has time to waste. Cant they advise these fools to run the country legally? Why attend to such stupid issues when real criminals are let loose by the criminal DPP?
cIRCUS
Mutembo Nchito for President!! How about that?
#56, so you have more shoes than kafupi, well, one things for sure – they are cheap compared to kafupi’s so don’t think you are in his league.