Director of Public Prosecution (DPP) Mutembo Nchito has refused to present himself before the Legal Practitioners Committee of the Law Association of Zambia (LAZ) where he was expected to exculpate himself on allegations of misleading the Parliamentary Select Committee.
In his letter dated June 7th, 2013 signed by himself to the Legal Practitioners Committee of LAZ, Honorary Secretary Silas Mambwe, Mr Nchito said Mr Mulusa’s complaint to LAZ was meant to compel him to discuss the conduct of the office of the DPP when the constitution prohibited him from doing so.
Ordinarily, the Attorney General (AG) is supposed to represent all government officials including the President in all legal matters involving government.
Nchito has been reported to LAZ for deliberately lying to the Parliamentary Select Committee that he would recuse himself in prosecuting cases where he had personal interest but had instead imposed himself as the lead prosecutor in all the cases former President Rupiah Banda was currently facing contrary to the undertaking he made to Parliamentary Select Committee.
Last month, Nchito snubbed the Committee which had summoned him after Solwezi Central MMD Member of Parliament Lucky Mulusa complained to the association that Mr Nchito had lied to the Parliamentary Select Committee about his professional conduct.
On Friday last week, Nchito was expected to appear before the committee but instead wrote back saying that he was not ready to participate in the process that was going to investigate and possibly place him under sanctions for lying to the committee.
Nchito said the Legal Prosecution Committee should have been alive to the legal requirements that were placed on the office of the DPP before asking him to appear before it to exculpate himself.
“I am in receipt of your letter requiring me to appear before your committee on Friday, 21st June 2013. Having received the complaint, it is clear that it seeks to compel me to discuss the conduct of the office of the DPP. The constitution of the republic of Zambia which creates this office prohibits me from doing so. I have no doubt that the Legal Practitioners Committee will be alive to the legal requirements placed on the DPP by the constitution in this regard. I am not therefore able to participate in the process,” Mr Nchito said in his letter.
The letter summoning Nchito to appear before the committee stated that the matter was going to be determined in his absence but the matter has since been adjourned to July 19th, 2013.