FRED M’membe and Mutembo Nchito will not give up power and privilege easily. They have grown accustomed to politicians who kowtow to their every whim and caprice.
That is why they will use every arsenal at their disposal including the deep roots planted in the judiciary and executive to avoid an open inquiry that will expose the rot that has characterized the so-called campaign against corruption.
A complaint has been laid in accordance with the law and normal procedure must follow. If Mutembo is a man of honour, which we doubt, he should gracefully allow the process that will either clear or convict him.
As expected the same people who were ready to haul hapless victims to courts of law are now doing everything possible to avoid courts and for good reason. The tide has changed. They no longer hold sway and there is a real danger that Edgar Lungu will dismantle the network of avarice they have built across the governance system.
It is ridiculous that the same people who hounded former Presidents holding constitutional immunity should today claim privilege for the DPP who does not have any such immunity.
The Criminal Procedure Code is very clear and straightforward. It allows individuals to lay a complaint before a court and mandates the presiding magistrate to issue a warrant of arrest. There is no mention that the President must approve the arrest of any individual. Section 90 of the CPC which deals with institution of proceedings sets out the manner in which a complaint and subsequent arrest can be made.
It has nothing to do with the President.
What is true is that Zambia is faced with a very peculiar situation. It was never envisaged that the DPP would be a man lacking integrity as to face arrest; sadly such is our reality. Section 102 states “Every warrant of arrest shall be under the hand of Judge or Magistrate issuing the same.”
Why should the President be involved in criminal matters?
We are even surprised that the Judiciary and Allied Workers Union has sprung to the defence of Mutembo Nchito when they did not do so when Mutembo Nchito and Fred M’membe fabricated malicious lies against the former DPP Mukelabai Mukelabai.
Where was Jawuz when Mukelabai was crucified for offences he did not commit, for outright lies that were peddled by the Post Newspaper with the connivance of Mutembo Nchito?
Surely Jawuz must have institutional memory to remember the Tribunal that was established by President Levy Mwanawasa found for a fact that lies had been peddled against the DPP. Who stood up for him? Nobody. There was no Jawuz, there was no court of law, there was no public outcry or outrage because the propaganda was such that any protestation was drowned out with righteous indignation.
Next time Jawuz president Peter Mwale feels the urge to condemn aggrieved citizens, he must have a heart for those victims who suffered at the hands of a system that was totally compromised as to allow all manner of abuses that included the parading of former Presidents in courts of law.
President Frederick Chiluba was paraded before courts of law where he was acquitted. What happened next? Did Fred M’membe and Mutembo Nchito accept the decision of the court?
It will not do to parade supportive comments in columns of compromised publications. Zambians want to know the truth. Mutembo Nchito must clear himself before a court of law, in the same manner that he forced other people to stand in the dock to answer charges.
We are aware that the greatest fear of a tribunal is the danger that perfidy and duplicitous conduct of the highest order will be exposed.