Former Republican President Rupiah Bwezani Banda has protested against being prosecuted by Director of Public Prosecution Mutembo Nchito because it amounts to abuse of process for him to continue.
He wants the matter to be referred to the High Court for constitutional determination because the prosecution was irregular and violated his constitutional rights.
In his affidavit filed by his lawyers, President Banda complained that
-Nchito was not impartial because of prior interaction
-Nchito continued to conduct investigations while prosecuting the matter
-Nchito told the Parliamentary Select Committee that considered his appointment as DPP that he would not prosecute him due to personal conflict, but was now doing so.
Banda accused the DPP together with his business partners, Fred Namakando M’membe who is the Post Newspaper Editor, of having a vendetta against him as a person when in fact they were wholly to blame for having exposed the Zambian Airways to financial debts from various institutions inclunding Finance Bank Zambia Limited and did not apply this money in accordance with the business plan they gave to Finance Bank Zambia Limited.
He revealed that Nchito and his partners wanted government to bail them out with public funds without supplying a transparent and proper account as to how they had spent the money obtained earlier from the state owned Development Bank of Zambia and other financial institutions.
“That Nchito and his partners in Zambian Airways were attempting to get waiver or deferment of tax arrears liability amounting to approximately US$1.9 million from government.
That when government did not agree to this request for a State bail-out, tax arrears waiver or deferment and deferment of payment of monies collected as agents for National Airports Corporation, Nchito and his partners developed a deep seated hatred and vendetta against me,” the affidavit stated.
Banda has appealed to the courts to stay the proceedings as this was an abuse of the process for an interested party leading the prosecution.
“That the DPP has failed in accordance with the law to perform his duties fairly, consistently and expeditiously in relation to me and therefore failed to respect and protect my human dignity and uphold my human rights, thus contributing to ensuring that the due process and the smooth functioning of the criminal justice system is not accorded to me
“That there is a reasonable apprehension of bias by the DPP against me,” Banda said.
Banda charged that he was never involved in the failed Zambian Airways company but that its failure was as a result of imprudent business management by Mutembo and had nothing to do with the former president.
“M’membe, apart from being a friend and business partner to the said Nchito was also taken into the firm owned by Nchito to do his attachment and tutelage whilst he was undertaking his course for admission to the Zambian bar.
He charged that Nchito with his business partners M’membe and the Post Newspaper Limited embarked on a daily and incessant campaign of vilifying and defaming Banda through their Newspaper called the Post newspaper from as early as August 2008 to date.
“That the said Nchito and his business associates at the Post Newspaper Limited wrote an editorial on the 4th April, 2013 entitled “What is Rupiah afraid of?” in which their hate and bias to me was made clear. He says the editorial also shows that M’membe and the DPP consider themselves to be one when dealing with him.That the only other matter Nchito has elected to personally prosecute and appear before the Subordinate Court is the one involving my son Andrew Bwezani BandaHe has also accused the DPP of having transferred the hatred to the entire Banda family when he led prosecutors in the conviction of Andrew.