Former Solwezi Central Member of Parliament Lucky Mulusa has written to the Speaker of the National Assembly Dr Patrick Matibini seeking an explanation why he decided to summon UPND leader Hakainde Hichilema and All People’s Congress (APC) president Nason Msoni.
“You will recall that the speaker summoned Mr Hichilema and Mr Msoni and the reason was that they had issued statements that brought the Speaker’s office into disrepute,” Mr Mulusa said.
He said he had written to the Speaker reminding him that while it was important that he made sure people stopped bringing his office into disrepute; it was undemocratic for him to apply his sanctioning powers on citizens who had the right to question his conduct as the presiding officer of the National Assembly.
“I reminded him of the offence (allegedly) committed by Mr Mutembo Nchito under Cap 104 of the penal code that he had lied to the parliamentary select committee. The committee posed two questions regarding Dr Rajan Mahtani and the former head of state Mr Rupiah Bwezani Banda, over which he told the Parliamentary select committee that he was going to recuse himself,” Mr Mulusa said.
He said Dr Mahtani was put on his defence by the Magistrate Court after being found with a case to answer but Mutembo Nchito soon after taking up the office of Director of Public Prosecutions entered with speed a nolle prosequi in favour of the Finance Bank Zambia chairman. He said for one to enter a nolle prosequi, the case must be very weak and not winnable or there must be absolutely no witnesses.
“But you cannot enter a nolle at a time a court of law has examined evidence from the prosecution and found that there is merit in evidence and has put the accused on their defence,” Mr Mulusa said.
He said during the Parliamentary select committee appearance by Mr Nchito, he reminded the nominee that when he reported for work, one of the cases he was going to find waiting for his decision was the prosecution of Dr Mahtani and DPP said he would excuse himself
“This is public knowledge and the report is out in the public domain,” Mr Mulusa said.
And Mr Mulusa also charged that it is not fair for Justice Minister Wynter Kabimba to act as President because he did not represent a large section of Zambians as he was unelected member of Parliament.
Mr Mulusa said it would only be fair if somebody who represented a larger majority of Zambians was left to act.
“Otherwise, we are going to have a situation where people who are avoided by the electorates to sneak into State House as president,” Mr Mulusa said.