Maravi

Kunda joins attacks against Mutembo

Kunda joins attacks against Mutembo
Written by Masuzyo Chakwe
Tuesday, March 03, 2009 12:32:28 PM

VICE-President George Kunda yesterday said the government will decide whether to retain Task Force on Corruption prosecutor Mutembo Nchito following
a petition from Forum for Leadership Search (FLS) and New Generation Party (NGP) that he be relieved of his duties.

Speaking when he received a petition from FLS and the NGP who are calling for Nchito to be relieved of his duties following the commencement of investigations into the operations of Zambian Airways, Vice-President Kunda said the criminal allegations against Nchito were public knowledge and serious.

"From what I know, they involve money laundering and this is covered in your petition, racketeering, fraud and even theft. These are serious allegations and in determining whether we should retain this particular public prosecutor or not, we shall take all these into account," Vice-President Kunda said. "Therefore, all I can say at the moment is that this petition without prejudicing it will be considered by government taking into account the on-going investigations and the public will be informed in due course after we have looked at the petition and all the issues which have been raised in the petition, the people of Zambia in whose behalf we prosecute cases are entitled to make presentations to their government and therefore we will look at this. We will look at it fairly and determine the way forward."

Vice-President Kunda, who received the petition in his capacity as justice minister, said Zambians should have confidence in public prosecutors who prosecute cases on their behalf.

He said prosecutors as per requirement must observe ethics, and conduct themselves in accordance with the legal practitioners Act and Code of Conduct prescribed by the legal practitioners themselves through the Law Association of Zambia (LAZ).

He urged Zambians to be vigilant and commended them for their alertness in ensuring that corruption was fought in all areas of justice delivery, be it on the side of prosecutors.

Vice-President Kunda said the same rules also apply on the side of those being prosecuted and there must be fairness and justice.

"This is not the first time we have received petitions of this nature from members of the public. The public prosecutor in question Mr Mutembo Nchito was appointed by the Ministry of Justice through the office of the Director of Public Prosecutions and the Attorney General's office. Therefore, in determining this petition, we have to bring on board and direct any findings or representations to the office of the DPP and the Attorney General," he said.

Vice-President Kunda explained that public prosecutors in Zambia prosecute cases on behalf of the people of Zambia and that was why any case of corruption, theft, and fraud was prosecuted and entitled in the name of the people against an individual.

"Therefore, there is need for the people of Zambia to have confidence in the prosecutors who prosecute cases on their behalf. As government, we believe in justice. Justice must not only be done, it must be seen to be done and cases must be prosecuted fairly and those prosecuting cases must be above board. These are the principles which we cherish so much in Zambia," Vice-President Kunda said.

And presenting the petition, FLS executive director Edwin Lifwekelo said as much as they were agitating government to drop Nchito as public prosecutor, he [Nchito] could also voluntarily step down on moral grounds.

"Mr Mutembo Nchito has a choice just to step down on moral groups that he is the centre of attraction and relieve his responsibility as a Task Force prosecutor or the government in the process must be forced to ensure they take action to allow the investigations to go through without interference," he said.

Lifwekelo said they had noted with deep concern matters relating to the recent revelations about Zambian Airways.

According to their petition, the revelations made by transport and communications minister Dora Siliya in her ministerial statement to the National Assembly on January, 21 2009 that Zambian Airways owed public institutions and other creditors a colossal sum of over US$29 million were worrying.

They stated that they had also learnt that the loans were procured under circumstances that might be against the law.

"Further, we learnt that Zambian Airways ignored or refused to pay tax obligations and other fees due to public institutions such as Zambia Revenue Authority (ZRA), National Pensions Scheme Authority (NAPSA) and National Airports Corporation (NAC) and this debt is over US$12 million," the petition read in part.

They stated that FLS had also learnt that the government had commenced civil and criminal legal proceedings against Zambian Airways, its chief executive officer Nchito and other directors of the airline.

"We understand that these proceedings are aimed at recovering the US$30 million and bringing to book any persons involved in the commission of crimes related to the procurement of these loans and obligations," they stated "We note that the chief executive officer (CEO) of Zambian Airways is Mr Mutembo Nchito. Mr Nchito is currently a public prosecutor in the office of The Task Force on Corruption under the appointment of the Director of Public Prosecutions (DPP) Mr Chalwe Mchenga. We demand that in the interest of the public, and to promote fair and transparent investigations and other legal proceedings relating to this matter Mr Mutembo Nchito be relieved of his duty as public prosecutor."

The petitioners stated that they feared that Nchito could use the office of public prosecutor he currently holds to undermine and frustrate investigations targeted at him and his fellow directors at Zambian Airways.

They stated that they also feared that Nchito's interaction with the country's top investigators while holding his position at the Task Force on Corruption could jeopardise the integrity of such investigations.

The petitioners demanded that to complement the team that law enforcement agencies had set up to investigate Zambian Airways and the disappearance of the US$30 million, the government should appoint or hire persons with competencies in banking, finance and corporate law to help quickly recover these monies and bring to book the culprits involved.

"We thank you and urge you to move with speed in this matter in the interest of the country," stated the petitioners.

NGP was represented by its president Humphrey Siulapwa.

Labels: GEORGE KUNDA, MUTEMBO NCHITO

posted by MrK @ 12:33 PM