Maravi

Nkole asks lawyers to look into his contract

Nkole asks lawyers to look into his contract
Written by Patson Chilemba
Tuesday, September 01, 2009 4:33:23 PM

FORMER Task Force on Corruption chairperson Maxwell Nkole has asked his lawyers to look into the matter of his contract termination. In an interview, Nkole said there were legal consequences with regards to termination of his contract as Task Force on Corruption chairperson by President Rupiah Banda's government.

"First of all, the issue of my contract is a matter that my lawyers will have to deal with. I said that I didn't object to the termination of my contract. But there are legal consequences to that. It is a matter that is subject to administrative legal interpretation. So my lawyers will be looking into that," he said.

President Banda has said he fired Nkole for indiscipline because he defied the Director of Public Prosecutions' advice not to appeal against former president Frederick Chiluba's acquittal before studying the judgment.

On Chiluba, who has written to the Law Association of Zambia (LAZ) to complain against Task Force on Corruption prosecutor Mutembo Nchito, claiming that he 'illegally' filed a Notice of Appeal against his acquittal on theft charges involving US$500,000, Nkole said Chiluba and his spokesperson Emmanuel Mwamba were acting from a point of ignorance. He said the Task Force was created by the executive powers of the President, and Mwamba did not know how the Task Force was structured.

"Yes, he [Nchito] is an agent of the DPP, but in his day-to-day duties, he gets instructions from the Task Force, and he has been designated to come and work with the Task Force by the DPP on behalf of the DPP. Mr. Mwamba is entitled to his opinion. It is up to LAZ to call the evidence," he said.

Nkole said it was impossible to fight corruption without strong political will because such a fight was bound to fail.

Asked if there was strong political will from President Banda's government to fight corruption, Nkole responded: "I am a witness on behalf of the state. So I have a position as a witness on most of these issues."

In a letter written for and on behalf of Chiluba to LAZ president Stephen Lungu dated August 27, 2009, Mwamba stated that Nchito's conduct amounted to deliberately breaking the law by attempting to appeal without lawful instructions or directives.

Nkole stated that Nchito had repeatedly presented himself in court that he was a representative or agent of the DPP and in some circumstances had produced letters of appointment from the DPP when his status was under question.

And addressing Zambians living in Swaziland on Saturday, President Rupiah Banda revealed that he had fired Nkole because he was indisciplined. President Banda said Nkole had defied the Director of Public Prosecutionsí advice not to appeal against Chiluba’s acquittal before studying the judgment.

“For me, it was indiscipline on Mr Nkole’s part. Mr Nkole was appointed by the president, so when he defied the DPP’s advice, I failed to sign the renewal of his contract. I said to myself, how can I work with such a person who does not want to listen to advice and follow regulations?” President Banda said.

He said Nkole’s contract had already expired five months earlier by the time the decision was made not to renew it.

“The contract overshot but I let him continue to operate until he decided to ignore advice by the state,” he said.

President Banda said for now, he would sit back and listen to people’s opinions on the issue.

“I am under extreme pressure to take Dr Chiluba back to court but I am saying that I should be given chance to listen to my advisors,” said President Banda.

But when Nkole was fired, Secretary of the Cabinet Dr Joshua Kanganja issued a statement saying Nkole’s contract had expired.

Labels: CHILUBA, DPP, MAX NKOLE, TASK FORCE

posted by MrK @ 3:35 PM