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]

NAMWALA Member of Parliament (MP) Major Robbie Chizyuka says the United Party for National Development (UPND) should support President Rupiah Banda for the 2011 Presidential elections and not Patriotic Front (PF) leader Michael Sata whose support base is weakening.

And the newly launched Alliance for Democracy and Development (ADD) has said the Pact is fast losing ground because both Mr Sata and UPND leader Hakainde Hichilema are separately campaigning for the presidency.

Major Chizyuka said it was clear that the Patriotic Front (PF) was losing support in Luapula Province.

The Namwala MP said for now the UPND should support President Banda so that in 2016 Southern, Western, Central, and North-Western provinces could support a UPND presidential candidate.

He said the UPND should also find another leader other than Mr Hichilema to contest the 2016 elections.

“In 2016 Southern, Western, Central and North-Western provinces should field one presidential candidate,” he said.

He said, however, with the recently launched ADD it is doubtful that the UPND would still remain strong in Western Province.

“Mr Sata has more sophisticated negotiating skills. Mr Hichilema has given away one province to the PF. In the last by -election in Milanzi, Hichilema gave away Eastern Province to the PF despite the UPND being stronger going by the election results of 2006,” he said.

He said the resolutions of the Luapula Province meeting had vindicated him because he did not agree that the PF leader should be president of the Pact or Zambia.

He said Mr Hichilema had now lost elections three times and that it was time for the opposition party to find another leader.
[pullquote]“Mr Sata has more sophisticated negotiating skills. Mr Hichilema has given away one province to the PF. In the last by -election in Milanzi, Hichilema gave away Eastern Province to the PF despite the UPND being stronger going by the election results of 2006,” he said.[/pullquote]

“Even going by the results of the just ended elections in Mufumbwe, the UPND can’t claim to be dominant in North-Western Province. When you look at the results the difference is only about 300 votes,” he said.

“The politics of UPND should be about supporting Rupiah Banda in 2011 other than support Sata,” he said.

ADD president Charles Milupi said that the supporters of the Pact were waiting for the announcement of the presidential candidate and predicted there would be a split after the announcement.

Mr Milupi said in an interview that Mr Sata would be rejected in Southern Province while Mr Hichilema would be rejected on the Copperbelt, Luapula and Northern provinces if adopted.

Mr Milupi, who resigned his seat as Luena Independent MP last week to propel his candidacy in the presidential election next year, said the pact would not be a factor and projected a collapse going by what the people have said in the countryside.

He said the strength of the UPND had been going down since the death of late president Anderson Mazoka and the party has since surrendered its popularity in Lusaka, Central, Western and North-Western provinces to the ruling party and the PF.

Mr Milupi said ADD was invited by the Pact but he demanded that the policies should be harmonised which they objected to and therefore decided to launch to avoid falling in a similar trap.

Mr Milupi wondered where the Pact would get votes in Luena constituency when it got 250 votes in the whole constituency in 2006 where the MMD got 4000 and he got 6,500 votes.

“So what exactly has changed? People should go to Southern Province and even Western Province if they want to know the feelings of the people,” Mr Milupi said.

The Patriotic Front PF has observed that unless President Rupiah Banda takes a strong stand against financial irregularities being highlighted in government institutions, he will not be able to tackle the rampant corruption.

Speaking to QFM in an interview, PF Spokesperson, Given Lubinda said that President Banda should take decisive steps in dealing with the high-levels of corruption in government if the vice is to be eradicated.

Mr. Lubinda added that President Banda has already found himself in a very complicated scenario and predicament, because he himself has not been transparent.

He has since challenged president Banda to commit himself to seriously tackling corruption by taking a leading role in condemning acts of graft and taking appropriate action against those engaging in corrupt activities in public institutions.

Mr.Lubinda was reacting to the financial irregularities highlighted in the Auditor General’s report concerning the Road Development Agency RDA and some local authorities.