Is President Sata protecting Mutembo Nchito from corruption investigations if so why since he is allergic to corruption?
We ask because the statement by the Anti-Corruption commission suggesting that Nchito is beyond their purview is at best ridiculous and totally disingenuous and in our view contemptuous of the constitution of Zambia.
Nobody in this country is above the law. Not even the President.
It displays the malaise and cross institutional collusion which Solwezi Member of Parliament Lucky Mulusa has appropriately addressed.
As a creature of statute an office is above the individual. Individual misconduct in any office is not exempted from the law. Therefore if the President abrogates the law he is open to censure including removal by means of impeachment as provided for in the constitution.
Therefore to suggest as the ACC seems to be stating that Mutembo Nchito by virtue of being DPP is above their wide, constitutional powers of investigation is akin to suggesting that Parliamentary procedures are above the scrutiny of the courts of law.
The ACC must be brave enough to tell the nation that they have been too frightened to write to President Sata to suggest the constitution of a Tribunal to investigate allegations of corruption against Mutembo.
The allegations are very clear. Mutembo has entered two nolle Prosequi against Finance Bank Chairman Rajan Mathani. These nolle were entered during a time when he, Mutembo was owing the Bank US$4million. This matter was before a court of law and the charges against Mutembo were that he had obtained the money by fraudulent misrepresentation, a criminal offence for which he should have been prosecuted.
Soon after entering the two nolle, Finance Bank changed lawyers and discontinued the US$4million case.
These matters are on court record.
What Brebner Changala has suggested is that Mutembo abused his powers of office as DPP to enter nolle Prosequi in exchange for the forbearance of the case. He has gone further to link Finance Bank to offences against the Finance Act and the theft of billions of Dollars from the accounts held through Bank of Zambia for sequestrated assets under the defunct and discredited.
The law is very clear. Where a citizen makes a report the Commission must investigate and make a determination on the veracity and substance of the case.
In the case of the DPP the law provides that the President must suspend the DPP and institute Tribunal to investigate the allegations.
It is not for the President to investigate but for the Tribunal to do so and make a recommendation for a course of action. Mutembo Nchito and his friends know the procedure well, they used it against late DPP Mukelabai Mukelabai.
What the ACC should be telling the nation is that they have written to the President recommending an investigation that should be conducted by a Tribunal.
If indeed they have done so and the President has refused to constitute a Tribunal they should also tell the nation accordingly, then people will find a way of proceeding.
It is not fair for the Commission to push people from pole to pillar with convoluted explanations when the matter is so clear and straight forward.
This Government we have been told, and the President in particular is allergic to corruption. This is one case that must be resolved to its logical conclusion.