FORMER Taskforce on Corruption State prosecutor, Mutembo Nchito yesterday appeared before the Law Association of Zambia (LAZ) legal practitioners committee in connection with a complaint of legal impropriety raised by second Republican president, Frederick Chiluba.
Also summoned was Patriotic Front (PF) secretary general, Wynter Kabimba to answer charges of breaching provisions of the law following a complaint by former Health deputy minister, Solomon Musonda.
On the complaint against Mr Nchito, Dr Chiluba was represented by his administrative assistant Emmanuel Mwamba at the hearing that started at 10:00 hours at the LAZ offices.
LAZ heard the complaint against Mr Nchito for lodging an appeal against the acquittal of Dr Chiluba without consent from the Director of Public Prosecutions (DPP).
The former Taskforce prosecutor refused to say anything, arguing that he could not defend himself because he was acting on behalf of the DPP.
The committee, however, directed Mr Nchito to make a submission which must be before the committee within 30 days.
The directive was extended to Mr Mwamba, who was representing Dr Chiluba. Mr Mwamba, who made the submission on behalf of the former president, justified why LAZ should discipline Mr Nchito.
Dr Chiluba had complained in a letter to LAZ dated August 27 last year over The Post newspaper story that stated 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 Mchenga.
The DPP responded to the letter and refused to give consent to the appeal. Instead he 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.
And according to summons drawn by LAZ administrative assistant Sipelile Mwilwa addressed to Mr Kabimba and Mr Nchito, Dr Musonda petitioned LAZ to take disciplinary action against the PF secretary general for allegedly violating the legal practitioners’ rules when he wrote the DPP that the Chitambo MP had been charged with a minor offence when the matter was already before the courts of law.
Dr Musonda has asked LAZ to investigate and punish Mr Kabimba for allegedly using expressions that he said would erode confidence in the country’s justice system.
He based his complaint on an article that appeared in The Post newspaper of June 22, 2010, which described the charge against the former minister as a mockery of justice.
The letter, which was copied to his lawyer, Sunday Nkonde of SBN Legal Practitioners, the president of LAZ and LAZ secretary, states that Mr Kabimba had breached rule number 32 of the legal practitioners practice rules of 2002 under statutory number 51.
[Times of Zambia]
Nchito is smart,,,he refused to say anything because he was acting on behalf of the DPP,meanwhile the constitution clearly states that a prosecutor does not need any consent from the DPP to appeal a case he feels he has strong grounds for appeal.In his written submission it will mean that the DPP will have to appear before LAZ and give his side of the story,therefore explain his reasons for not appealing.
Watch this space
This is pure foolishness by both Chiluba and Dr Musonda.
They will one day pay for this injustice.
chiluba and musonda are birds of the same feathers, nchito was right to appeal against the ruling. so,is chiluba now the new DPP? why is complaining on behalf of the DPP? or has he usurped the powers of the DPP? chiluba will surely pay for his sins whether in this life or next. he raped the Zambian people of their little wealth, tortured innocent people eg kaunda, he created poverty, sold companies, closed mines, stole other people’s wives while torturing those he thought were flirting with his wife. his sins are countless. this son of the b…ch needs to be caged. but above all kunda is the most s.tupid man have ever seen and the biggest bootlicker ever in the history of Zambia. he took chiluba to court, prosecuted him but in the blink of an eye he turns around and starts to defend him
chiluba and musonda are birds of the same feathers, nchito was right to appeal against the ruling. so,is chiluba now the new DPP? why is complaining on behalf of the DPP? or has he usurped the powers of the DPP? chiluba will surely pay for his sins whether in this life or next. he raped the Zambian people of their little wealth, tortured innocent people eg kaunda, he created poverty, sold companies, closed mines, stole other people’s wives while torturing those he thought were flirting with his wife. his sins are countless. this son of the b…ch needs to be caged. but above all kunda is the most s.tupid man have ever seen and the biggest bootlicker ever in the history of Zambia. he took chiluba to court, prosecuted him but in the blink of an eye he turns around and starts to defend him…
President Chiluba is innocent. The law says, “Innocent until proved guilty.” He has not been proved guilty. zedman ubungu.
I admire the way Mr. Nchito just chose to keep quiet. This means a lot to me. He will make everything clear when he makes his submission. I wonder why Dr. Chiluba is killing himself to take Mr. Nchito to LAZ. I am sure he is trying to make it tough for people who have details about his misdeeds and make them be appearing before LAZ forever. But i am sure Mr. Nchito and Mr Winter Kabimba are men enough to face LAZ and clear things. It appears to me that the details Mr. Nchito will tender before LAZ will be danming for Dr. Chiluba and co.
Useles guys in gonvement and judiciary where now there are two laws…one for the MMD and the other for the commons. hehehe what a world???
Give a fool a yard and he will ask for a mile. The freedom kafupi was given by bwezani is now bearing rotten fruits. The kamafellow cant even have nsoni shuwa. After stealing almost everything from Zambia and from Zambians the kamafellow has even the odesity to start following people for doing nothing. Zedman, you are right, this kamafellow will really pay for his sins in this life or the next to borrow your words. Wanya kafupi tizakuona!!!!
Give a f.o.o.l. a yard and he will ask for a mile. The freedom kafupi was given by bwezani is now bearing rotten fruits. The kamafellow cant even have nsoni shuwa. After stealing almost everything from Zambia and from Zambians the kamafellow has even the odesity to start following people for doing nothing. Zedman, you are right, this kamafellow will really pay for his sins in this life or the next to borrow your words. Wanya kafupi tizakuona!!!!
An innocent man on ‘trial’ to justify his hard work…taken to task by common criminal…COMEDY OF ERRORS INDEED!
#8 and #9 Pact Guardian, educate me, what does the word odesity mean? Are we talking audacity here?
Innocent men on trial while the scoundrels go free.
This is injustice.
I would not worry if I were you. Nchito is the best lawyer we have so far and the MIGLET has just shot himself in the foot. The miglet belongs in Jail and so shall he be in a little while. His bollowed freedom is diminishing per each day that passes.
No way Chiluba should not himself drag Nchito because the is the culprit. Nchito as one of the Zambian citizens believing they have no clean judgement has the right to lodge a complaint. Chiluba should only prove himself why he was acquitted despite of the whilming invidence heaped against him.
E.g When Regina failed to explain why she received goods from state house? Chiluba should cleared the air.:d
yes kafupi will pay. everything thing has its own appoited time. he can only sweep so much dirty under the capert. cage this b.ustard!
NCHITO, wuli mwaume. u r principled and unwavering, unlike the rest who can be bought for 3 pieces of silver. u r on the side of the ppl. stick to yr guns. u r a selfless man. u `ll be vindicated
Thanks #11 I really meant audacity (courage)! I did not reach far in school.
they are all the same Chiluba,Nchito and Musonda
zambeef at # 18, what do you mean they are all the same? can u substansiate, are u talikng about tribe or what? pls always shed more light alas yr statement be misconstrued
mutembo and membe are thieves who deserve to be in jail. magande was giving them loans without collateral
Chiluba is trying very hard to save his soul for next year. What Mwanawasa started on this midg.et will be completed by the Pact next year. Bwezani has just done good to keep out of prison so the m.idget expose himself more. Everything happens for a reason, in this instance, so that all the wrotten politicians can be come out in the open to make weeding them out easy next year. Do you think ARVKunda, BignoseShikas, NotsotallChiluba, GrandpahusbandRupi, BlackberryMike, Opentofather&sonDora, and the rest will cross over to join the Pact?
Mutembo is the next minister of justice or dpp, we’ll see the grovelling from these motherf.u.c.k.ers. Fikengila. Zambia needs to build a maximum jail for such criminals who commit crimes against the Zambian citizens – I suggest a floating prison on the Zambezi river infested by crocs!!
MUTEMBO HAS DONE HIS BEST TO DEFEND THE JUSTICE SYSTEM AND FOUGHT THE CORRUPTION IN ZAMBIA PEDDLED BY MMD OFFICIALS, WHY SHOULD THE LIKES OF SOLOMON MUSONDA CRY , THESE GUYS ARE USELESS AND IF WE ALLOW THEM WE ARE HEADED FOR DISASTER. I PRAY THE PACT WINS
ATI >>>>>>Do you think ARVKunda, BignoseShikas, NotsotallChiluba, GrandpahusbandRupi, BlackberryMike, Opentofather&sonDora, and the rest will cross over to join the Pact? hahahahhahahaha
Number 20 please cage your LULIMI
NCHITO IS NOT AS CLEAN AS YOU PIPO THINK. A HUMBLE LAWYER B4 TASKFORCE BUT BECOMES RICH SUDDENLY AND EVEN OWNS AN AIRLINE WITH FRED. HIS HANDS ARE SOILED WITH MONEY OBTAINED AT THE EXPENSE OF YOU ZAMBIANS.
:d 26. NO ONE IS CLEAN EVEN YOU AND ME AREN’T CLEAN. CHILUBA CASE TOO 7YRS ADJ.. ADJ IT SEVERAL TIME ON PRETENSION THAT CHILUBA WAS SICK/ILL … AFTER MWANAWASA DEATH HE FULL RECOVERS. COMPLAINT AGAINST NCHITO SHOULD BE LODGED BY DPP NOT CHILUBA.
Kachiluba lways embarassing himself even where unecessary!!! kalisebana.
Number 20 please mind your tongue and try by all means to tame it, these two guys (Mmembe & Nchito) are wonderful and great sons of zambia. we are crying and they try sooth and wipe our tears and number 20 can only say from head, I doubt your mental capacity my friend can you see the Doctor before you are worse.
Bravo, Nchito, bravo Mmembe may God bless you guys.
Crying Zambian
# what ever,,,I wouldnt mind if Nchito and Fred Mmembe did not defraud National Airpoorts corporation of their US$2.4 million K12.2 billion. Let them pay it back and we are on good terms. But if they dont pay back they are just as crocked as who ever they have been accusing. In addition they stole US$6 million from DBZ and Finance Bank and the buggers declared their company bankrupt before they could pay back and while they did all this they knew very well they were not going to manage the loans but used their influence with the Cabbage to access the money anyway…thieves are thieves regardless of what they are in society… dont be fooled!!!
The best president on trial! Leave Ba Chiluba alone imwe mwemipamba!
The great tragedy of our country is to have so many shallow people. The future of our country does not lie in Rupia, Mmembe, Nchito, Sata or HH. It lies in an enlightened population that defends the law. Nchito and Kabimba are before the LAZ because they are accused of infringing professional ethics. As I see it, you want them to go free because you support their political views. This is nonsense. Musonda and Chiluba are entitled to the due process without infringement whether you like them or not. This is the bedrock of our country. No one is allowed to prejudice the due process, not Nchito or Kabimba. Every one is entitled to a fair trial, even Musonda. Please stop being shallow.
this is all rubbish..someday some thieves will cry!!