Tuesday, December 22, 2009

LAZ’s demand for DPP to resign is timely – Nkole

LAZ’s demand for DPP to resign is timely – Nkole
By Patson Chilemba
Tue 22 Dec. 2009, 04:01 CAT

FORMER Task Force on Corruption chairperson Maxwell Nkole yesterday said LAZ's demand for Chalwe Mchenga to resign as Director of Public Prosecutions (DPP) is timely.

Commenting on the position taken by the Law Association of Zambia for Mchenga to resign because the public could no longer be expected to have trust and confidence in the important office for as long as he was there, Nkole said it was up to Mchenga to assess the impact of LAZ's call on him and the office he held. He said there was nothing criminal in LAZ's calling for Mchenga's resignation.

“First of all he (Mchenga) has to preserve his personal integrity, and then secondly he has also to uphold the constitutionality and functionality of the office of DPP. So the choice is his and what LAZ are saying I think it's an opinion which is well researched, and I think maybe it's timely advice,” Nkole said.

“In as far as the DPP's office is concerned vis-à-vis corruption cases, Mwanawasa didn't have much confidence that they should be the ones to have a final say.”

On Vice-President George Kunda's assertions that it was criminal to call for the DPP's removal from office, Nkole said people had a democratic right to express their opinions.

“There is nothing criminal about that,” he said.

Asked on who should take the blame over LAZ's call since the association came up with that position following statements from President Rupiah Banda, Vice-President Kunda and other government officials which showed that the executive prevailed on Mchenga not to appeal former president Frederick Chiluba's acquittal on corruption charges, Nkole said late president Mwanawasa created the office of executive chairman of the Task Force to report to him because he foresaw that the DPP could easily be influenced to make certain decisions without exercising his professional independence.

“And so what is happening today is quite surprising to us because it appears that there have been some manipulation behind the door to the DPP for him to make certain decisions, which should not be the case,” Nkole said.

“I would have liked to stay out of this, but I think a word of advice is that people should look at the record going back to 2004 when Mwanawasa, after the removal of Mukelabai Mukelabai, the reasons which Mwanawasa gave for the appointment of an independent executive chairman of the Task Force. Those reasons are still valid today.”

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