Thu, 11 Oct 2012 10:23:22 +0000
President Michael Sata has been asked to immediately suspend the Director of Public Prosecution (DPP) Mutembo Nchito and constitute a tribunal to investigate cases that found him wanting in accordance with article 58 (3) (a) of chapter 1 of the Constitution of Zambia.
The request is made in a letter written to President Sata by Mr Brebner Changala on behalf of other stakeholders in which he said serious and strong allegations have been made against Mr Nchito which complainants appear well founded.
“It is for this reason that the Office bearer must be a man or woman of great and unmatched integrity. Your Excellency Sir, how come the current DPP is subject of various litigations in our courts. The opposite should have been the case in an ideal situation,” Changala stated.
He said that the Tribunal must investigate and establish why parliament ratified Mr Nchito when there were many serious allegations against him.
Mr Changala suggested that Zambians needed to know who cleared Mr Nchito and if parliament was in fact aware of these serious questions surrounding the DPP.
He said the office of the DPP was very vital to the administration of criminal justice anywhere in the world adding that it carries with it enormous powers and mandate.
He said while in practice, Mr Nchito is alleged to have forged a Supreme Court judges Order, which in itself was a criminal act.
Mr Changala also said that there was a criminal allegation by Finance Bankon the $4.2 million loan which was obtained by fraud or misrepresentation by Mr Nchito and Zambian Airways.
“Did this money from Finance Bank go to Zambian Airways or it was laundered elsewhere? Is there any proof or effort to pay back?
“Zambian Airways was receiving departure fees on behalf of National Airports Corporation. It is alleged that the current DPP, was at that time the Chief Executive Officer and owner of Zambian Airways.
“It is alleged that $2,175,000=, belonging to national airports has not been accounted for. This was theft by agent. In itself criminal act,” read the letter in part.
He said that since Mr Nchito was sworn in as DPP, he had been issuing Nolle Prosequi to his creditors an action he describe as abuse of office.
“One of these is Dr Rajan Mahtani who was facing three serious charges before the criminal Courts. In at least one of the cases involving forgery and uttering the DPP’s creditor, Dr. Mahtani was found with a case to answer by the court and put on his defence. It cannot therefore be said that there was little prospects of the case succeeding.
“There is alleged evidence that Dr Mahtani holds two passports one of which is not Zambian. This is an offence but with the attitude of the DPP towards Dr. Mahtani it would be an exercise in futility to make an official complaint as the DPP appears set to protect Dr Mahtani at all costs and he would certainly stop any prosecution,” he said.
Mr Chagala also told the President that the DPP has the DBZ case where judgement has been passed against him for ZMK 14 billion. He said Mr Nchito was now compromised with regards to DBZ and its officials in that he is actively seeking to get DBZ to agree to have the judgement set aside.
“The question, which can be fairly asked by any person, is whether or not his independence is not compromised with regards to all those who are trying to assist him to escape liability for the DBZ loan?” he said.