THE meeting Mutembo Nchito held with civil activist Brebner Changala must not be taken lightly.
It exposes the psychology and modus operandi of Mutembo Nchito.
His decision to subvert a legally constituted Tribunal by compromising a witness reveals his proclivity to illegality, compromise and abuse of authority. How many nolle prosequi has Mutembo issued and why? Indeed apart from the cases in the Tribunal there are Nolle Prosequi that have been contested, by grieving relatives who have pointed to “bad faith”.
They are mourning their dead relatives knowing that the law will not follow the killer, because a nolle was entered in circumstances that are less than clear..
For a man who has been at the centre of high profile cases involving former Presidents and ranking Zambian citizens, this characteristic undermined the credibility of the cases that he prosecuted in courts of law.
How many Magistrates, Judges and other law enforcement officials did he hold meetings with to subvert the process in order to win a case?
The court record in the Development Bank of Zambia reveals this character. A witness told the court that Mutembo Nchito was constantly at the Bank pressurizing him and other officials to quickly process the loan.
The record further reveals that as a result of this pressure the Bank cut corners and subsequently disbursed the money, which according to High Court Judge Nigel Mutuna was obtained by fraudulent misrepresentation because there was no real commitment to its repayment.
Applying the same logic to the US$4.2million Finance Bank loan and the subsequent nolle prosequi raises very troubling questions.
Here is a man who, conniving with his business partner Fred M’membe owner of the Post newspaper, fabricated lies about former Director of Public Prosecutions Mukelabai Mukelabai who was hounded out of office. Sadly they have now continued to tell lies about former Chief Justice Mathew Ngulube even in the face of evidence to the contrary.
Can these people be trusted?
The answer is an emphatic NO. That is why a truth commission is called for. The commission must investigate all the cases that Mutembo Nchito handled, those where he has given nolles and indeed the matters he handled under the infamous Task Force on Corruption.
The starting point of the commission should be the memorandum of understanding signed between the Government and some western donors including the United Kingdom. It was under this memorandum that far reaching “corruption” was injected into the criminal justice system with the sole purpose of persecuting individuals through some identified courts.
It is a matter of very serious concern when a nation chooses to use foreign resources to persecute its own citizens, by creating as parallel structure that is seemingly inscrutable.
That is why there is need for a commission to investigate the Task Force and determine many un-answered questions regarding the source of funding, operations and indeed why some courts were deemed to be more suitable to preside over cases they brought.
There are questions which President Levy Mwanawasa raised regarding payments to Mutembo Nchito which must be investigated. He raised them for a purpose but was attacked by Fred M’membe for raising them.
What was Levy objecting to? This and many other questions must be answered.