The Anti Corruption Commission (ACC) has been given a seven day ultimatum to institute investigations against Director of Public Prosecution (DPP) Mutembo Nchito failure to which Political Activist Brebner Changala will seek judicial review.
In a letter dated 4th April 2013, addressed to the Anti-Corruption Commission (ACC) Director General Rosewin Wandi, Mr. Changala said that his intention was to seek judicial review in order to compel the commission to start investigations for the purpose of prosecuting Mr. Nchito for corruption.
Mr. Changala contended that Mr. Nchito as DPP and Chief Executive Officer of the defunct Zambian Airways issued two nolle prosequi to his creditor Finance Bank Zambia Limited owner Rajan Mahtani in exchange for the discontinuation of a legal suit and ultimately forbearance of an overdraft facility involving US$4.2 million.
He explained that on 26th August 2011, Finance Bank Zambia Limited represented by State Counsel Sunday Nkonde issued a writ of summons supported by a settlement of claim in the Commercial Court under cause 2011/HPC/ 0511 against Mr. Nchito for the recovery of US$4.2 million being outstanding dues owed by Mr. Nchito to the Bank in the alternative claiming damages for fraudulent misrepresentation.
“On December, 20, 2011, Mr. Nchito was ratified by parliament as DPP despite a warning by late Hon. George Kunda SC that ‘we do not want to have a debt ridden DPP in this country. And at the time of Mr. Nchito’s ratification Dr. Mahtani was facing criminal charges in the magistrate court for obtaining credits by false pretences in the amount of K6.5 billion and in another court case Dr. Mahtani was charged together with a Lusaka Lawyer John Sangwa with forgery, uttering false documents and fabrication of evidence. In both cases Dr. Mahtani is believed to have been found with a case to answer by the courts of law and put on his defence,” he stated.
He further wrote that on 12 January 2012, Mr. Nkonde was replaced by Mr. Sangwa in the High Court case where Finance Bank had sued Mr. Nchito (Zambian Airways) for US$4.2 million.
Mr. Changala said it was surprising that despite Mr. Nchito knowing that he was an interested part in the Mahtani issues before courts, he decided to enter a nolle prosequi on January 17, 2013 in favour of Dr. Mahtani on a charge of obtaining credit by false pretences.
He said that Mr. Nchito went further on May 2, 2012 to enter another nolle in fovour of Dr. Mahtani and Lusaka lawyer Sangwa on the charges of making and uttering false documents for which the duo was found with a case to answer.
“In exchange for the nolle prosequi mentioned above, on November 26th, 2012, Dr. Mahtani being Finance Bank chairman directed Lusaka Lawyer to discontinue the suit commenced by Finance Bank against Mr. Nchito in the Commercial Court cause no 2011/HPC/0511,” he said in his letter.
Mr. Changala said that Mr. Nchito, Dr. Mahtani and the Bank of Zambia were aware of the Gazette notice number 815 of 2010 of the various offences they had committed but chose to disregard the law.
He also revealed that being the main prosecutor under the Task Force on Corruption, Mr. Nchito was responsible for the conduct of Marshal Mwamusompelo, a Bank of Zambia employee implicated in the abuse and mismanagement of sequestrated assets which should have been handed over to ACC.
Mr. Changala said that it was worrying that ACC had never investigated the extent of Mr. Nchito’s culpability in the mismanagement and theft of resources.
“The learned Director General will appreciate that the events mentioned above are by no means a coincidence but a scheme of things carefully planned and executed by Mr. Nchito and Dr. Mahtani. The foregoing raises a serious prima facie case worth investigating for abuse of office or issuing nolle prosequi in exchange for favours from creditor Dr. Mahtani through his alter ego Finance Bank,” he said.
He also reminded Ms. Wandi that the protection given to Mr. Nchito by the constitution as DPP was by no means a permit for him to abuse his office.
“I therefore urge you ACC to thoroughly investigate the matter I have showcased against DPP and table your findings with the President for his consent to either constitute either a tribunal for the removal of Mr. Nchito as DPP for your office to prosecute him for various criminal offences,” he said.