IT was legally and morally incorrect for embattled Director of Public Prosecutions (DPP) Mutembo Nchito to attempt to take over the prosecution of his ally and business partner Fred M’membe who has been sued for defamation and contempt by former president Rupiah Banda when he (Nchito) knew that he was professionally disgraced and politically conflicted, Patriotic Front (PF) Lusaka youth strongman Julius Komaki has said.
And Mr Komaki has appealed to President Edgar Lungu to invoke his constitutional powers and suspend Mr Nchito and constitute a tribunal so that the DPP could be made to account for his economic transgressions he has committed against Zambians.
Meanwhile, a concerned citizen Kamwendo Mulenga Bwalya has advised Newton Ng’uni against appealing against the ruling by Lusaka Magistrate Lameck Mwale who has upheld the nolle prosequi Mr Nchito entered in his own favour in an array of offenses he stood accused of before the magistrates’ court.
Mr Komaki said Mr Nchito could not continue holding the office of the DPP as the accusations he was facing had completely eroded the little credibility he had and that it was only fair that he should be asked to step aside so that he could clear his name.
Mr Komaki said PF youths were aware that Mr Nchito attempted to take over the prosecution of Mr M’membe so that he could stop the case by entering a nolle prosequi.
“High Court Judge Chalwe Mchenga’s ruling should be respected and Mr M‘membe, who has been defaming and slandering Mr Banda and other citizens with impunity, must be fairly tried.
“It was shocking that Mr Nchito attempted to take over the case with the sole purpose of protecting his business ally through a nolle prosequi.
“Mr M’membe has used his newspaper to propagate hate speech and malign citizens and his perceived enemies and time has come for him to atone,” Mr Komaki said.
Mr Komaki explained that Mr Nchito, although he was arguably enjoying unfettered constitutional privileges as the country’s DPP, was not immune to prosecution and that he was not the first in the Commonwealth to face the law for committing crimes against the people.
Meanwhile, Mr Bwalya said it was not correct for Mr Nchito to claim that he respected the law because he was one of the Zambians who had violated the contry’s judicial system with impunity.
The concerned citizen said it was Mr Nchito who challenged the nolle prosequi former DPP Chalwe Mchenga, now High Court Judge entered in favour of Dr Kashiwa Bulaya and fought hard with his ally at the Post Newspaper until the nolle prosequi was reversed.
“It is not correct that Mr Nchito has any respect for the law because I know for a fact that the DPP and his friend Fred M’membe strongly fought the nolle prosequi former DPP Chalwe Mchenga, now High Court judge entered in favour of Kashiwa Bulaya.
The law is respected by Mr Nchito when it suits him and when it is against him (Nchito), it is not law.
“President Lungu should not hesitate to constitute a tribunal because the cartel is using the court processes which often take long to continue undermining the Head of State,” Mr Bwalya said.
He said the cartel was deliberately buying time knowing that President Lungu would be in office for one year and were determined to remove him from the presidency in the 2016 general elections.