THE Law Association of Zambia (LAZ) has summoned Lusaka lawyer and former Taskforce on Corruption prosecutor Mutembo Nchito to explain why he appealed against the acquittal of former president Frederick Chiluba without consent from the Director of Public Prosecutions (DPP).
Mr Nchito has been given 14 days in which to respond to the summons failure to which the legal practitioners committee would proceed and pass a verdict in his absence.
This is according to a letter dated May 5 signed by LAZ administrative assistant, Sipelile Mwilwa to Mr Nchito of MNB Legal Practitioners.
“Please note that the committee may proceed to hear and determine the complaint in absence of your response should you fail to respond as requested,” states the letter from LAZ.
[pullquote]Mr Nchito has been given 14 days in which to respond to the summons failure to which the legal practitioners committee would proceed and pass a verdict in his absence.[/pullquote]
Dr Chiluba had complained in a letter to LAZ dated August 27 last year that The Post newspaper carried a story stating that the State had appealed against the judgment entered in favour of the former president on August 17, 2009.
The story published details and grounds supporting the appeal and further reading showed that instructions to Mr Nchito sanctioning the appeal were written by former Taskforce on Corruption executive chairperson Max Nkole and not the DPP.
It also emerged that the instructions that were dated August 21, 2009 were copied to the DPP, Chalwe Muchenga and late president Levy Mwanawasa.
The DPP responded to the letter and refused to give consent to the appeal and instead advised Mr Nkole and Mr Nchito to give him the judgment to help decide whether the appeal was relevant.
“We are, therefore, surprised that an agent in Mr Nchito has blatantly usurped the constitutional powers of the DPP and proceeded to appeal in the case even in the face of clear cautionary instructions from the DPP,” Dr Chiluba said.
The judgment related to a case where Dr Chiluba was co-charged for offences of theft by public servant with former Access Financial Services directors, Faustin Kabwe and Aaron Chungu.
Dr Chiluba contended that he was surprised an appeal could be lodged on the basis of instructions from Mr Nkole and declared that such instructions were illegal in his letter to LAZ.
He said Mr Nchito produced letters of appointment from the DPP to prove he was a public prosecutor when his status came under question and wondered why he could get executive instructions from Mr Nkole.
It was Dr Chiluba’s submission that the actions by Mr Nchito were designed to remove constitutional options available to the DPP and cause chaos if Mr Mchenga attempted to exercise his powers as provided by the Constitution.
[Times of Zambia]
Yaba!…..elolwanya nomba. Titus is back! In full throttle this time. :)>-
Why would LAZ summon Nchito for this rubish? This is a constitutional matter and must be refered to court for determination. LAZ must show that they are compitent lawyers who must not be duped by this finished politician.
Chilubai s going to burn himself again!!! He hould trade carefully if he wants to enjoy his ‘reirement’.
#3 Red Card-Free at Last
I think the question should be, why would Nchito refuse to appear before LAZ? Am sure he would relish the opportunity to air his views for the first as a ordinary citizen and not as state prosecutor. Lets wait and see what will come out of this.
Lungu should summon Nchenga instead.
10 years of plunder and prosecutorial fortunes flashed in bottomless toilet called Zambian Airways. With its faiilure fails also the fortune. Now its back to even worser square 1 with more challenges. No wonder in 2009 Nchinto had to write a Ghost of Mwanawasa who died in 2008
LAZ should also summon Kunda over the nolle proseque he forced on the former permsec of health currently serving a short sentence of two years ( BULAYA).
#1 Chachine nalunya Mtembo muchibe, Mathani and now Luapula this weekend.
#2 Hmmmmmmmmmmm clearly M Nchito missbahaved its all personal fights. Now he will face the Law as no one is above the Law
“””It also emerged that the instructions that were dated August 21, 2009 were copied to the DPP, Chalwe Muchenga and late president Levy Mwanawasa.””””
Surely this must be shocking!!! The truth about how people fought FTJ on personal matters will come out
rUBBISHSHSHSHSHSHSHSHSHSHSHHSHSSHSH
I agree with Msana Wanzili,Mr Nchito should appear before LAZ and explain in side of the story as an ordinary lawyer.
Nchito broke the law. In the civilized world, we have procedures and laws. You must follow these rules or you will be barred from practicing law.
Nchito was supposed to get authority from the DPP before filing an appeal.
Let me speak as a lawyer. There are certain issues regarding professional misconduct that can and should go to LAZ, because LAZ has supervisory powers over lawyers, who must always exhibit the highest ethics and professional conduct. Blatant disregard of Constitutional provisions by a lawyer are therefore always of interest to LAZ. If any member of the public has grounds on which to base allegations that any lawyer is guilty of professional conduct he or she has every right to report the matter to LAZ. He should not have lodged an appeal without the consent of the DPP. That is wot the Constitution says, and does anyone doubt that lawyers have a duty to uphold the supreme law of the land?
#2 Red Card-Free at Last
The Law Association of Zambia is the Constitutional regulator of law practice and no legal practitioner from Chief Justice to the lowest lawyer in the country is above it. The constitutional matter you are talking about is in the ambit of LAZ. The LAZ can discipline evry lawyer in the country if it is determined that they have breeched the regulator’s rules. To practice law in any capacity, even as a judge, one must be licenced by the LAZ. That is one reason why even journalists should have such a ‘self’ regulatory body where one can complain without having to pay huge sums of money to lawyers to pursue cases of defamation and libel when journalistic ethic is breached. Medical doctors are also regulated.
It is so sad that poor Nchito was used by ‘half baked journalists and french fried lawyers’ to pursue an agenda of vendetta against an accused person. Every accused person is innocent until proved guilty and it is so sad that the very lawyers that one would need to help the courts to sift through the evidence are the ones who are obfuscating matters. Nkole is also a lawyer (as I understand) but he seems to have behaved like a grade 7 drop-out colonial police officer in this matter. This really has nothing to do with whether Chiluba was guilty or innocent, it has to do with the rules of jurisprudence! We cannot apply one rule to one and another to others. ‘All equal before the law. Lady justice is blind.’
Cancel his lincense for life and let him join Sikatana who has had his license cancelled and law firm burned for life.We cannot allow crooks twisting the law on orders of useless tabloids.
Worst of all, it appears that he informed a newspaper that he had appealed the case even before the DPP had a say! The power to prosecute ANY CASE in the land is vested in the DPP by the constitution. There is no one in the country who is permitted to influence the DPP in any way on whether or not to prosecute. So far, the editorials that keep on attacking Mchenga, and by his fellow ‘lawyers’ for that matter, are in essence a breach of the constitution. I would have loved to have appealed Chiluba’s case, but the authority to do so is in the DPP and we should put up or shut up, or change the law so that anyone can bring a private prosecution against an individual!
#18 THE SAINT- Educate me just a bit. Most of the time the state has lost a case, we here the prosecuting officer announce that they will appeal. Now tell me do this people communicate with the DPP seconds after the judgement has been made.I normally attend court cases when I have free time and I have seen this several times.
#7 Crystal Clear- Its a field day for MMD plunderers and lickers.
“It also emerged that the instructions that were dated August 21, 2009 were copied to the DPP, Chalwe Muchenga and late president Levy Mwanawasa”
When did Mwanawasa die kanshi mwebantu? Do we even copy the dead now?
Interesting stuff, really! Lawyers must be the first to uphold the provisons of the constitution. It is clear the mandate to prosecute is the preserve of the DPP’s chambers. For Mutembo to have decided to go ahead and appeal without prior approval of the appointing authority was high handed and a blinded conviction of how powerful he thought him and the TFC had become, obviously because of what the media especially the Post was propagating. Cases are not won in the papers but courtrooms. Mr Musonda ex-Zanaco boss and Chris Mundia SC will be relishing the unfolding events.
Circus,a country without any agenda but just to entertain starving people,shame:-??:-??:-??:-??:-??
A thousand evil men will keep falling at the right hand of FTJ because he has been annointed and called by his Greater Grace to be a his man servant who has dedicated this country to its creator. Lrt the law Nchito was misled to tear down now cruciify his arrogance and excessive love for money.
“Mr. Nchito has been given 14 days in which to respond to the summons failure to which the legal practitioners committee would proceed and pass a verdict in his absence”.
I am just wondering…Has LAZ sent a copy of its summons to President Levy Patrick Mwanawasa to appear as a state witness and appointing authority?
I dont know much bout how LAZ acts in matters like these. So i will watch and see. But I say from the onset if Nchito did anythinh wrong let him pay the price if not let him be exonerated. God bless you all
Is Nchito the only law practioner that LAZ wants to question or do we still have alot to be called? Law breakers are so many in this field but not questioned yet—-I pray there will be no politics in LAZ
Just a few months ago, LAZ thru Lungu were saying the decision not to appeal was coming from RB, now today they say Nchito was wrong. Few months ago, the decision Mutembo made was justified by virtue of the judgment by Marvin Mwanamwambwa some time ago based on similar grounds.
So ba loya, twebeniko where u stand. ala ubufi bwafula pa zed, its nauseating now. Stop the rot and summon the likes of george kunda also as we know kashiwa bulaya is in the penitentiary.
# 24Patriot- You are so evil you stink even on the blog. Chiluba annointed by who?Lucifer? With what? fesces?
I agree with those saying if Nchito is found to be at fault let LAZ deal with him but if not, then shame on some people!
For us laymen, lets not rush to the key board and express our ignorance on the law. The best we can do is watch closely, and let the organization discipline its member in a constitutional manner if he is found wanting. These law issues they are not straight forward, and not easy to comprehend. Am not a lawyer, but I know that when those in authority call you for disciplinary hearing you attend and exculpate yourself. Just look at our local hero Malema, he also went under disciplinary hearings, and a sentence has been passed. Nchito is no God, let him adhere to the procedural rules. I hope he can put his defense skills to use now. We shall watch and see. All the best Mr Prosecutor, guess every dog has its day.
Nchito become so pompus and arrogance and he thought he was untouchable. At one time he does not fear Chiluba and has no respect for him. He said chiluba was nothing and just like any other ordinary citizen. While i agree that chiluba is an ordinary citizen, you can not take it away from him that he was the president of this nation called Zambia. He made mistakes i agree, but let him who is pure cast the first stone. Mutembo thought Mwanawasa will live for ever. The post discovered something on Mwanawasa and they black mailed him into the un holy alliance between him, the post, mutembo. Reality has now dawned. Let him fight his battles the way the Post is doing and see if he will come out unscathed.
This is Rrrrrrubbbbiiiiissssshhhh.
First you cut off his life line and then get to his contract and now to …..
I do not know. This is all politics.
What life line are you talking about, Zambian airways never used to pay departure fees and other charges to national airports, but other airlines like proflight used to pay. What was so special about Zambian Airways to be given a free reign? The fact is Zambian airways was going through the same problems that other airlines were going through but neglected to pay the depature and packing and landing fees to national airports becover they felt protected by Mwansawasa. I support the Government on this one because the playing field has to be level for everyone
wat goes round always comes around. mr nchito was in good books with the late levy and they succeeded to bring sum evil guys to book but things hv turned so it appears. My bro b strong these mmd will pass away next yr and o currupt elements will b exposed.
you think LAZ members were happy all this time when Nchito plundered state resources alone without them? For sure they will make him pay.
8-|8-|8-|8-|8-|Let us wait for Mutembo Nchito to appear before LAZ before we run out of comments. He also has something to say for himself.
mind you mtembo is christian be careful when you open your mouth do not acuse a child of what he has not done because the anger of God wil be on you
Although I am a layman in legal matters I can see a lot of sense in what # 14 ‘OPINIONATED’ (a lawyer) has said, BUT the problem in Zambia and the rest of Africa is that the powers that be interfere too much in the affairs of the judiciary to suit their selfish interests.
#19, It would be interesting to check how many of those cases the state has actually appealed. It could be that : after consulting the DPP, he has refused to appeal, or the DPP has indicated to the prosecutor that in the event of losing he would sanction an appeal, o. The main issue is that the state prosecutor has NOT actually lodged the appeal. If I remember well in this matter, TFC went ahead and lodged an appeal against DPP’s advice. DPP had to withdraw the appeal and that is where all hell’s wrath broke loose ….. in the courtroom called POST of course.
Its really a blunt share waste of time and money for nchito to pertition the former head of state, some of these mistakes we make when power is still rounding up our circles are regrettable at the end.Though it be the national duty for him to go ahead and do so as task force lawyer(disbanded), But it still does not hold water mind ,you how can a single lawyer fight not only the DPP but the country as a whole.In typical terms we all know that freddy is guilty wether proven innocent or not.
Iyo kwena, is this true or a joke, sending a copy of the instructions to the late President Mwanawasa (a dead man), the question is, where is the office of the late President situated, if it is not at the graveyard should we assume Mrs Mwanawasa received the instructions, Ifi fya kupapafye.
# bwalya,
Which God does Nchito serve when his unholy alliances are with a legion of the anti Christ, pro G.a.y.s and subversive hate groups? Which child of God sanctified my the blood of the lamb would be fighting the decree of Zambia being a christian nation, be a paragon of hatred, malice and arrogance Nchito embodies? God gives a sound mind, meek spirit of love, truth, abidding to the laws of the land and fear for God than man. Is it any wonder why Nchito has fallen from Grace like a pumpkin instantly lossing all the plundered gains made out of conspiracy? Everything put in ZA has vanished like mist. He was a cankerworm on Zambians and the wrath of God has visited him to the finish.Untill he comes to the serving knowledge of Christ, his hatred for FJT was against God who never loses
Nchito is definetly guilty of disregarding the DPP, however the punishment for such cases should not only be deregistration. LAZ should be holistic, this is a good man who made one mistake in good faith obviouly with the inflence from the hawks namely F Mmembe and company who openly hate FTJ. Dont get me wrong, i strongly believe FTJ is a thief., he is lucky not to have been convicted. But hey, two wrongs dont make a right Mr Nchito.
USELESS NEWS EVER!!!!!!!!!!!!!!!!1