Fred M’membe and Mutembo Nchito embarked on the pervasion of Zambia’s criminal justice system from the moment they succeeded in hounding out the late Director of Public Prosecutions Mukelabai Mukelabai.
Since then and for the last 13 years they have called the shots and lorded it over political leaders, who cowered in fear of negative reportage. The country, including the Law Association Zambia (LAZ), acquiesced to an equally convoluted and highly politicized “corruption crusade” even when it was clearly contrived and outside the law.
Fred and Mutembo are now tempting fate by daring President Edgar Lungu. But like all things perfidious, an end must come. This is the end.
President Edgar Lungu has no choice but invoke the law and remove Mutembo Nchito for gross misconduct and abuse of office, to protect the greater cause of the rule of law. Mutembo’s unbecoming conduct is beyond the pale and must be condemned for what it is criminal.
Only one person is immune from prosecution in this country.
This is the President who is granted immunity under Article 43(2) of the Constitution which states that the President “shall not be charged with any criminal offence or be amenable to the criminal jurisdiction of any court….”
The Director of Public Prosecutions has no such immunity, which makes him amenable to arrest and prosecution in criminal cases.
Mutembo Nchito’s attempt to hold himself above the law and therefore not amenable to prosecution is another gross pervasion of the law, which must be prosecuted as a criminal offence under the laws of Zambia. If allowed to proceed any further it will have the effect of undermining the rule of law.
It is incomprehensible that Mutembo could have taken over proceedings against himself and then purported to enter a nolle prosequi in favour of himself in a matter where he is an accused. This is corruption and abuse of office of the worst order. It should not be tolerated. Mutembo has hauled former Presidents before courts of law, while he was still globetrotting the world looking for evidence. He has caused judges to be suspended while proceedings pend, what justification to stay can he claim?
Little wonder the High Court could not entertain attempts to stay the matter for constitutional matters to be considered. He should know that criminal matters take precedence. President Lungu has a duty under the laws of Zambia, in particular Article 44, to protect the laws and Constitution of Zambia.
Mutembo has knowingly conflicted the court with a political conundrum that has nothing to do with the law, but has everything to do with an abuse of power, which is why President Lungu must act decisively to protect due process and the courts of law from abuse.
Magistrate Lameck Mwale is truly confronted with a very novel situation that was never envisaged by the law. Technically Mutembo has the power to take over and ultimately stop a prosecution, but this is beyond technicality it goes to the very spirit of the law and integrity of the office holder.
Mutembo Nchito has no integrity, a fact amply demonstrated by the manner in which he and his colleague Fred M’membe fabricated calumny against a sitting DPP and showed no pangs of remorse or contrition when the Tribunal appointed to investigate the charges proved them to be sheer fabrications.