The Zambian Voice has announced that it will be joining the legal battle demanding that the K14 billion Development Bank of Zambia (DBZ) loan obtained by Director of Public Prosecutions (DPP) Mutembo Nchito, Post Newspaper owner Fred M’membe and Nchima Nchito be paid back.
The K14 billion DBZ loan was obtained by fraudulent misrepresenation.
Zambian Voice executive director Chilufya Tayali said he was happy that the Supreme Court had ordered for the retrial of the K14 billion DBZ loan saga that has over the years attracted angry reactions from citizens and concerned stakeholders following uncertainty as to whether the loan would be paid back or not.
Tayali said the K14 billion was public money and that it therefore in order that many stake holders joined in the legal team that is seeking that M’membe, Nchito and his brother Nchima paid back the loan because the money could be channeled to many other areas of need in the economy.
He said the ruling by the Supreme Court that the case should be subjected to a retrial would give Zambians and other stakeholders the opportunity to participate in the new court process in which the trio would have to defend themselves and show why they should not pay back the loan they had obtained by fraudulent misrepresentation.
The Zambian Voice chief told the Daily Nation that he did not mind how long the case was going to take but that the ultimate goal was to have the loan recovered because the amounts involved were colossal and could not be glossed over.
Tayali said his organisation was ready to go on a crusade to demand that those who got public money by fraudulent misrepresentation should not get away with the crime and that Zambians must now rise and demand that M’membe and his business partners, the Nchito brothers must redeem themselves by settling the loan.
The Supreme Court on Wednesday ordered the retrial of K14 billion DBZ loan saga with Judge Muyinda Wanki ruling that in the name of justice, the case should be redirected to the High Court under a different Judge because Judge Nigel Mutuna who had presided over the matter did not have the jurisdiction. Judge Wanki in his ruling explained that the transfer of the case from Judge Albert Wood to Judge Mutuna did not follow the normal procedure and should therefore be taken back to the High Court for retrial under a different Judge. The Supreme Court also lambasted Nchito, his brother Nchima and M’membe for contemptuously ignoring court decorum and walking out of a court session when the proceedings were going on. President Michael Sata subsequently suspended Supreme Court Judge Philip Musonda along with High Court Judges Nigel Mutuna and Charles Kajimanga and immediately constituted a tribunal headed by Malawian Judge Lovemore Chikopa to probe the three judges for alleged professional misconduct.
The tribunal has suffered several legal complications and has failed to commence its sittings and the whereabouts of Judge Chikopa has now become a mystery as government through the Vice-President Guy Scott has declared that he (Scott) was not Interpol to know where the embattled Malawian Judge had disappeared to. Judge Chikopa is currently facing possible imprisonment in Zambian jails for contempt of court for disregarding the court order to halt his sittings because his tribunal was under litigation in the courts.