Director of Public Prosecutions (DPP) Mutembo Nchito should resign from his position for lying to the parliamentary select committee which recommended him for ratification says Lucky Mulusa chairperson for parliamentary committee.
And Mr Nchito has been asked to recuse himself from prosecuting the case of former President Rupiah Banda, to reverse the nolle prosequi he entered in favour of Dr Rajan Mahtani and has been further asked to apologize to Parliament and the people of Zambia for getting the job fraudulently.
Mr Mulusa who was also Solwezi central MP demanded that the DPP should quit his job for lying and misleading the parliamentary select committee.
In a letter written to Mr Nchito, which was also copied to President Sata, Speaker of National Assembly Patrick Matibini, Attorney –General Mumba Malila and Director of Anti-Corruption Commission (ACC) Rosewin Wandi, Mr Mulusa said that after watching his conduct over the few months he had occupied the office of DPP, he had come to the conclusion that although he was fearless, his disposition was driven by a desire to emancipate himself and settle personal scores.
He says in the letter “To ensure that your scrutiny was complete, the committee invited you to appear before it and provide comfort to these disconcerting views. During your appearance, you commented on your indebtedness to Finance Bank and you eloquently gave a compelling thesis of your alleged persecution by President Rupiah Bwezani Banda while he occupied the office of the President,
“To buttress your thesis, you made reference to the fact that political party gatherings were held at State House at which President Banda pronounced on matters regarding your alleged persecution,”.
He explained that the committee further asked Mr. Nchito what he would do if he was faced with the onerous task to prosecute matters regarding Dr. Mahtani, or Mr. Banda and he resolutely assured the committee that he would recuse himself.
Mr. Mulusa stated that the committee further granted Mr. Nchito immunity from prosecution under Cap 12 of the Laws of Zambia which he said Mr. Nchito deliberately choose to breach by misleading the committee.
“Earlier before commencement of the proceedings, the committee granted you immunity from prosecution and made you aware of your protection under Cap 12 of the laws of Zambia that anything you said during the proceedings would not be used against you in a court of law. You were, however, cautioned that should you deliberately choose to mislead the committee, that the same article would be used to prosecute you,” he said.
Mr. Mulusa in the letter also informed Mr. Nchito that, “After the deliberations, the committee lifted the immunity earlier accorded to you and I now wish to inform you that you do not enjoy any immunity from prosecution regarding your status as a witness before the committee. Should your response fail to satisfy me that you did not deliberately mislead the committee, I will have no option but to seek the Speakers guidance on how Parliament should proceed with this serious misdemeanor on your part.”
Mr. Mulusa further said that Mr. Nchito was expected to be fearless to be able to confront difficult decisions so as to ensure that justice prevails in all cases but it was saddening to notice that both in the Mahtani and Banda cases, the expectation was abrogated when he chose to preside over the matters himself without due consideration to the promise he made to the committee as well as respect for the need for justice and the rule of law to prevail in all cases.
“That job does not require a personal approach to matters of prosecution and neither does it require an individual with a lot of personal baggage. You personally entered a nolle prosequi in the Mahtani matter despite you personally being indebted to an institution in which he owns majority shares.
“Dr. Mahtani’s ability to pursue his debtors is amazing in the Zambian financial sector. It will be interesting to know how he has proceeded with this matter after your intervention. Without much debate, your act should be considered as gratification on your part and should therefore receive the necessary attention to the Anti-Corruption Commission (ACC) as well as the Drug Enforcement Commission (DEC)” he said.
He also noted that the decision by Mr. Nchito to personally prosecute Mr. Banda was indicative of the desire to avenge his alleged persecution.
“Given the foregoing, I am of the informed opinion that you misled the committee despite warning you under Cap 12 of the Laws of Zambia. I am also of the view that if you had stated the truth about your future conduct in the Mahtani and Banda cases specifically, the committee would have not proceeded to recommend your ratification and in view of the above,
“I wish to request you to reverse the Mahtani nolle prosequi, recuse yourself from prosecuting the Banda case, resign as the Director of Public Prosecutions (DPP) and apologize to parliament as well as to the Zambian people,” he said in his letter to Mr. Nchito.Others who got copies of Mr Mulusa’s letter are, Acting Chief Justice Lombe Chibesakunda and the C Commissioner for Drug Enforcement Commission (DEC) Alita Mbahwe .