Nchito: The Prosecutor Specialised in Not Prosecuting
Director of Public Prosecutions (DPP) now called National Prosecutions Authority (NPA) Mutembo Nchito has made quite the name for himself in Zambia – though it’s not due to any record of success.
This is the first public prosecutor that Zambia has ever had that issued so many “noelle prosequi” – discontinuations of cases – including the suspension of two criminal cases against a banker to whom he owed $4.2 million in debt.
According to observers speaking to Zambia Reports, Mutembo Nchito is also allegedly involved in massive abuse of office. They say that he has used the powers of the state to fix his perceived enemies by issuing express instructions for prosecution or he has used his office to enter Nolles for his friends and business associates.
One interesting case which Zambia Reports has been following up for the past few months is the death of two people in the Kafue Flats that has raised a lot of questions in the investigative wings of government over the conduct of the DPP and has contributed to the continued eroding of confidence in the office of the DPP under Mutembo Nchito.
On December 29,2013, this site together with many other media organisations including the Post Newspapers owned by Nchito’s personal friend and business partner Fred Mmembe carried a story about a University of Zambia Lecturer who shot dead two of his compatriots whilst Bird hunting in the Kafue Flats.
Police arrested Dr. Gershom Chishimba a Lecturer in the School of Natural sciences and charged him with murder of Mr. Greyford Muchelenganga of 30 Waterfalls area and Elias Chalwe of Nakaiba Village of Shibuyunji District.
Facts were that Chishimba with three others went bird hunting in the Kafue Flats and while walking in a straight line, he slipped and the Remmington Double Barrel Shot Gun fired and killed Muchelenganga and Chalwe on the spot.
Dr. Chishimba appeared in the Lusaka Magistrate Court on April 3,2014 charged with murder while awaiting instructions from the office of the DPP. Chishimba in court admitted to the reduced charge of Manslaughter.
While the prosecution was waiting for instructions from the office of the DPP on how to proceed on the manslaughter charge, the state was also awaiting a report from a Ballistic Expert to prove that Dr. Chishimba’s Remmington Shot gun Double Barrel was the one that shot the two deceased.
Mutembo Nchito quickly called for the file from Police even before the Ballistic report was concluded. Dr. Chishimba was scheduled to appear in court again for another mention on April 14,2014 but Mutembo Nchito fast tracked his second appearance and on April 11,2014, Chishimba appeared in court and the DPP entered a Nolle.
Though we do not wish the UNZA academician to be rotting in jail, the circumstances that led to Nchito entering the Nolle is what baffles us. Dr. Chishimba and Mutembo Nchito’s wife are personal friends and workmates at the University of Zambia.
That is the only reason why Nchito entered a Nolle against Chishimba. Yes the DPP has unfettered power to enter Nolles but Nchito has abused so many including the one he issued to Rajan Mathani in exchange for a debt of US$4.2 million.
One senior lawyer we spoke to said the Mathani Nolle is the biggest corruption scandal ever to have happened in Zambia.
No Zambian has ever been accused of ever receiving a bribe of close to K30 billion un-rebased in exchange for a favour apart from Mutembo Nchito. Seriously look around. It is only Nchito who has ever received such a bribe in the history of this nation. Only Brebner Changala and Lucky Mulusa have challenged this before. All Zambians are quite. This is our DPP sure? Is this the person who can be at the helm of Justice system in Zambia?
How many people have appeared in court and sentenced or fined for killing drunk pedestrians on charges of causing death by dangerous driving after Nchito issues instructions?
How many Journalists have appeared in court on tramped up charges after instructions from Mutembo Nchito?
Is this why the office of the DPP was created? Can you really believe that President Sata is allergic to corruption if he can have in his government a person who has received the biggest bribe ever as a DPP?
These are some of the questions that our legal brains including the Law Association of Zambia (LAZ) should be thinking of answering.
The appointment of Mutembo Nchito as DPP has done more harm trhan good to the justice system in Zambia. This is a fact.
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