The desire by Zambians to recover the K14 billion Development Bank of Zambia (DBZ) which Judge Nigel Mutuna said was obtained by fraudulent misrepresentation by Director of Public Prosecutions (DPP) Mutembo Nchito, his business partner Fred M’membe owner of the Post Newspaper and Nchima Nchito has forced the Zambian Voice executive director Chilufya Tayali to join in the suit.
Mr Tayali, a civil rights activist has since applied to the Lusaka High Court to be included in the suit by the Development Bank of Zambia against JCN Holdings, Post Newspapers and Nchito who have been sued over the K14 billion unpaid loan they obtained for the defunct Zambian Airways.
Mr Tayali, in his affidavit in support of notice of motion for non-joinder, says as an intending intervenor, it has become apparent that the Attorney General had clearly neglected his duty to safeguard public interest in the matter and as such the bank and the defendants cannot be left to their own devices without intervention from the taxpaying public.
Mr Tayali argues that the Attorney –General has in the past sought to discontinue the proceedings when the debt in question remained unpaid.
“It has therefore become expedient and necessary for our organization to be joined here to ensure the public interest is taken into account,” he says.
Mr Tayali further says that he had come across correspondence which suggests that, in the discontinued matter, there was clear intention by DBZ at the behest of Finance Minister Alexander Chikwanda and the Office of the Solicitor General acting on instructions of the Attorney General to discontinue the case.
“That being a tax payer and a civic organization, the Intending Intervenor verily believes that it has a legitimate interest in exercise of its civic duties in the affairs of the bank in particular and government in general, in the manner it manages the tax payers money entrusted to it,” he says.
He further says that the suit which commenced on May 6 2009 by the bank, upon appeal to the Supreme Court of Zambia referred back to the High Court to be retried de novo before a different judge.
He says there is pressure from the office of the Solicitor-General to discontinue the suit and unless the court joins the Intending Intervenor, there is imminent danger of losing tax payers money lent to the defendants, and yet this money is very much needed to support the development of Zambia.
“That even if the Attorney –General joins this action, our organization will still have sufficient interest in the subject matter owing to what I have deposed above,” he said