PRESIDENT Edgar Lungu has been asked to establish a tribunal against embattled Director of Public Prosecutions (DPP) Mutembo Nchito to investigate an array of allegations ranging from forging court documents, obtaining a bank loan by fraudulent misrepresentation and lying to the Parliamentary Select Committee.
Civil rights activist Brebner Changala has written to President Lungu, appealing to him to constitute a commission of inquiry into Access Financial Services and Access Leasing Limited properties that were allegedly plundered by Mr Nchito at the time he was prosecutedwith the Task Force on Corruption.
He wants President Lungu to constitute a tribunal that would also probe where the over US$1million the defunct Zambian Airways collected on behalf of National Airports Corporation had disappeared to as it had not been paid to the corporation.
And Mr Changala has charged that the appointment of Mr Nchito as DPP had been a divisive and controversial subject for the last three years because he (Nchito) was largely considered as a hired gun to fix real or imaginary political fallouts.
Mr Changala said a commission of inquiry should also be constituted to probe how Tedworth Properties which were bought from Meridien Bank, the transaction which was managed by Speaker of the National Assembly Patrick Matibini, were allegedly looted by Mr Nchito.
In a letter to President Lungu dated 16th February, 2015, Mr Changala said Dr Matibini who was at one time a partner in MNB law firm, which was Mr Nchito’s law company allowed the DPP to seize Tedworth Properties claiming that they were proceeds of crime when the assets were never a subject of investigations.
Mr Changala said in order for the country to put the current matter of Mr Nchito to rest, there was need for the Head of State to establish a tribunal for the DPP as this would give him the opportunity to clear his name.
Mr Changala asked President Lungu to officially release the Mukelabai Mukelabai tribunal report to make informed opinion on how the then DPP was hounded out of office.
“Your Excellency, Sir, the Tedworth Properties were bought from Meridien Bank by the current Speaker of the National Assembly Patrick Matibini.
Dr Matibini is believed to have handled the transaction and should have known the owner and the source of the money. At one time Dr Matibini was a partner in MNB law firm owned by Mr Nchito. The question that begs answers is, did Mr Nchito as Task Force on Corruption prosecutor purchase information from Dr Matibini.
“If he did, what is that information as regards ownership of Tedworth Properties?
Mr Nchito seized Tedworth Properties as proceeds of crime when they were never the subject of investigations. The seized properties’ profits have never been accounted for and the profits are believed to have been stolen,” Mr Changala said.
Mr Changala said Access Financial Services assets being a subject of corruption should have been forfeited to the State under the Anti-Corruption Act for the company was liquided having accumulated K17 billion which he said could have been fraudulently transferred to a liquidation account contrary to the ACC Act and company law.
He complained that Access Financial Services Limited and Access Leasing Limited were believed to have been looted while at the Bank of Zambia through padded legal and liquidation fees.
“This fraud was carefully planned and executed within the Task Force on Corruption,” Mr Changala said.
And Mr Changala said Mr Nchito as DPP had remained deeply conflicted and that his close association with Post Newspaper owner Fred M’membe had not helped matters because Mr M’membe and his newspaper were perceived as merchants of hate speech, slander and malice against people who did not agree with their agenda.
Mr Changala said that the fight against corruption should be intensified and appealed to the Head of State to fully support ACC by strengthening the institution with its existing laws and avoid exerting political pressure on the commission to settle political scores.
“ACC must initiate, investigate and prosecute corruption cases on merit and not due to pressure from anybody including the media.
Although the media can provide a lead, they should not judge and prosecute people in the press. This is the sad scenario happening in our country. The media is marketing and selling hate speech, hatred, tribalism and innuendoes in order to influence and incite the executive and other constitutional office holders to act against certain members of society.
And this is why we have a notorious cartel whose modus operandi is to usurp power from the executive and govern the country as surrogate presidents.
Their competence is to hold the presidency hostage while singing praise songs for the incumbent as long as it takes,” Mr Changala said.