Mchenga not fit for DPP, says Sondashi

Mchenga not fit for DPP, says Sondashi
By Patson Chilemba
Tue 24 Nov. 2009, 04:01 CAT

CHALWE Mchenga is unfit to be Director of Public Prosecutions (DPP) because he accepted instructions from President Rupiah Banda not to appeal Frederick Chiluba’s acquittal, Lusaka lawyer Ludwig Sondashi has observed.

Sondashi’s remarks come in the wake of Law Association of Zambia (LAZ) president Stephen Lungu’s statement that it had now become more apparent that the decision not to appeal former president Chiluba’s acquittal did not emanate from Mchenga following President Banda’s statement that he refused to appeal against the former president because lawyers at the dissolved Task Force on Corruption were selfish people who wanted to make money out of politics.

Sondashi said according to his understanding of Lungu’s statement, Mchenga received instructions from the President not to appeal Chiluba’s acquittal.

He said this amounted to breach of the Republican Constitution by Mchenga because he interfered with the proper delivery of justice in the nation.

“The DPP has unfettered discretion actually. The Constitution allows him not to take into account any other persons interference or consideration. So he is supposed to act on his own independent judgment. So that is what it is, and in this case he took into account other people’s considerations which is the President, and that is not allowed. In fact, it makes him unfit to head that office,” Sondashi said.

“The problem is the DPP is appointed by the President, so the President will secure his office. That is where the problem arises, if he was an honest person he should have just resigned. He would have tendered his resignation for failing to adhere to the Constitution because he was dictated to by not appealing.”

Sondashi said LAZ should place more emphasis on the fact that Mchenga breached the Constitution for receiving orders on the acquittal and should therefore vacate office because of the same.

“Actually LAZ should have gone further to say that this breach goes to the root of the Constitution because he Mchenga is interfering with the proper delivery of justice. They should have gone further than that, than just making casual statements, they can go on talking about Mchenga that Mchenga is unfit to hold that office, yes,” Sondashi said.

Sondashi said it amounted to professional misconduct for Mchenga to have received orders from President Banda.

President Banda recently in Solwezi said he refused to appeal Chiluba’s acquittal because lawyers at the dissolved Task Force were selfish people who wanted to make money out of politics.

However, Lungu said lawyers should not be used as an excuse for the government’s failure to appeal. He said it was now becoming more apparent that the decision not to appeal did not emanate from Mchenga.

On FDA’s loss in the Solwezi parliamentary by-election, Sondashi his party was only four months old. Sondashi said he spent most of the time during the campaigns explaining the party. However, Sondashi said he was happy that the PF and UPND pact had defeated the common enemy, the ruling MMD.

“The UPND winning is a good thing because that is what we all hoped,” said Sondashi.