SOME Law Association of Zambia (LAZ) officials have been accused of conniving to influence the outcome of a case before Lusaka Magistrate Lameck Mwale in which disgraced Director of Public Prosecutions (DPP) Mutembo Nchito has been accused of forging court documents and obtaining a bank loan by fraudulent misrepresentation among others.
Former MMD Solwezi Central member of Parliament Lucky Mulusa said the highly publicised LAZ ruling which purportedly absolved Mr Nchito of wrongdoing was a mischievous attempt to prejudice the current court proceedings in which Mr Nchito stands charged with several offences.
Mr Mulusa said the case which was closed by LAZ two years ago has been resuscitated by the association with the intention of influencing the case against Mr Nchito currently before Magistrate Mwale.
Mr Mulusa revealed that some senior LAZ officials were at the same secondary school and were together at law school before practising together as lawyers at a named law firm.
“But I was surprised to be called and subsequently to see a healine in the Post Newspaper suggesting that LAZ had heard and determined the matter without informing me as the complainant. The truth is that LAZ wrote to me on the 11, June, 2013 indicating that Mr Nchito had refused to appear before it because of a constitutional technicality.
Since then, there had been no movement on the matter and I am therefore surprised that an impression has been created that the matter has been heard afresh and a ruling made.”
Mr Mulusa said LAZ has become a mischievous organization whose agenda is to side and protect people whose credibility to head constitutional offices and institutions has been completely fractured and compromised.
Mr Mulusa has branded LAZ as a dysfunctional organization with misplaced priorities devoid of the doctrine of the separation of powers that had stopped serving the interest of the public.
He said it was surprising how LAZ could suddenly rule on disgraced Director of Public Prosecutions (DPP) Mutembo Nchito’s complaints which the association had closed two years ago.
Mr Mulusa has described the dismissal of his complaint against Mr Nchito who had been reported to the association for lying his way to the DPP’s office as nothing but absurd and a mockery of justice and the tenets of good governance.
The LAZ Legal Practitioners Committee has dismissed a complaint by Mr Mulusa in which the former lawmaker wanted Mr Nchito to be cited for professional misconduct for deliberately misleading the Parliamentary Select Committee when he was seeking ratification for the position of DPP.
Mr Nchito in 2011 while seeking to be ratified as DPP, lied before the Parliamentary Select Committee that he was not going to use the office to target perceived opponents and that he was going to recuse himself in cases involving former president Rupiah Banda but instead became the lead prosecutor after the fourth president was dragged to court on accusation that were largely seen to have been politically motivated.
“It is strange how the LAZ Legal Practitioners Committee has moved and suddenly rule on the Mutembo Nchito complaints which it neglected to attend to and which matter the association closed two years ago.
What has suddenly necessitated this ruling and what is LAZ attempting to achieve in this matter?
I can only conclude that these are desperate measures to weaken the case against Mr Nchito by attacking not only those perceived to be connected to the case but also discrediting the numerous charges the DPP faces,” Mr Mulusa said.
Mr Mulusa alleged that the dismissal of his complaint by LAZ without him being informed was a scheme meant to weaken the case in which the DPP has been dragged to court for having committed an array of constitutional and economic transgressions which included forging of court documents and obtaining a bank loan by fraudulent misrepresentation.