COMMENT - You know the saying, "Lawyer, liar, pants on fire." Rupiah Banda has been 'ruthlessly targeted by the Zambian government'? I wish. This is part of the neoliberal opposition's attempt to play to the international gallery, rather than try to win over the people of Zambia to vote for them. Notice the attack on the independently owned media, especially The Post. Also see Hakainde Hichilema's appeal to the Commonwealth.
Robert Amsterdam’s Open Letter to Mutembo Nchito
Time Posted: February 14, 2013 8:44 am
AN OPEN LETTER TO THE DIRECTOR OF PUBLIC PROSECUTIONS OF ZAMBIA
MR. MUTEMBO NCHITO
Dear Mr. Nchito,
I write to you as international counsel to His Excellency former President Rupiah Banda regarding serious and urgent concerns over your conduct as Director of Public Prosecutions over the past year.
As you are well aware, His Excellency and his family have been ruthlessly targeted by the Zambian government and investigative wings under your direction in a systematic campaign of politically motivated calumny and defamation with little parallel in Zambian history.
For almost 16 months, the state-controlled media and politically compromised media such as The Post have published a vast array of patently false accusations against the distinguished former head of state and his family, ranging from the disappearance of gold, to trumped up conspiracies of oil contracts, to total non-crimes such as campaign fundraising.
The fact that these allegations turn up as sensationalist headlines in the media only to disappear and be forgotten speaks volumes about their fundamental lack of substance. After 16 months of this attack campaign, there has not been one single formal charge or even a real investigation. Worse still, after 16 months, we have not been informed of what, exactly, if any, alleged offence took place.
The purpose of these trials-by-headline is to damage reputation in place of any sort of procedural exercise of the law based upon the presumption of innocence. It is clear that you, Sir, and your former business partner Fred M’membe of the Post Newspaper, are in charge of overseeing a civil conspiracy to defame a respected elder statesman.
Over the last number of days, myself and many others have received calls from individuals who have been brought into some kind of desperate dragnet in an attempt by the investigative wings to come up with some form of credible charge against the former President.
Most recently, the former President was subjected to an extraordinary and illegal request to attend before the Joint Investigative Team to allegedly answer in respect to charges that were, yet again, unspecified. In furtherance of your civil conspiracy to harm the reputation of President Banda, you provided newspapers, including the Post, with this private and confidential correspondence prior to even these requests reaching the hands of my client.
Now sir, let us publicly review some facts. Along with Mr. M’membe, you are known co-defendants in a civil trial where you have been found to owe more than $3 million U.S. dollars to the Development Bank of Zambia (DBZ). Your professional misconduct in that case earned the discredit of the judge, as shown in comments he made in open court which made its way into the ruling.
Given the fact that it is uncontested that you and your co-defendant M’membe approached President Banda during his tenure for financial assistance but were refused, you both have harboured ill will towards myclient that has manifested itself in this notorious campaign of defamation, intimidation, and harassment against him and his family.
Along with the Patriotic Front’s apparent goal of returning Zambia to a one-party state and President Sata’s determination to wipe out political competition, the Nchito-M’membe defamation conspiracy against the Banda family found an enthusiastic sponsor in the administration.
Objectively, Mr. Nchito, this position raises important considerations of professional criteria of office. The reasonable apprehension of bias both subjectively and objectively represents a hurdle you could not overcome before any rule of law court. It is arguable that your conduct itself constitutes a perversion of justice, particularly in combination with the illegal arrests and detentions of opposition leaders, which have damaged Zambia’s standing as a state supposedly enjoying an independent judicial system.
You have also violated the Guidelines for proper prosecutorial conduct promulgated by both the African Commission on Human and Peoples’ Rights and the United Nations.
The African Commission’s Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa require that prosecutors “carry out their functions impartially and avoid all political … or any other kind of discrimination.”[1] They further mandate that Prosecutors “act with objectivity.”[2] And further, that prosecutors “shall always conduct themselves in accordance with … the recognized standards and ethics of their profession,”[3] and “perform their duties fairly, …, and respect and protect dignity and uphold human rights, thus contributing to ensuring due process …”[4]
Identical standards are included in the United Nations’ Guidelines on the Role of Prosecutors.[5]
Your conduct violates all of these fundamental standards of prosecutorial ethics.
Your actions against President Banda, his family, and leaders of the opposition blatantly discriminate on political and other grounds, fail to meet minimum standards of impartiality, objectivity and fairness, and disrespect their dignity and human rights, including their right to due process of law. Your abusive actions fall far below the “recognized standards and ethics” governing prosecutorial conduct.
In addition, there is the fact that President Sata himself has interfered with the judicial process directly in an attempt to benefit you and M’membe by suspending the judges and justice who ruled against you in the DBZ case after a full hearing in a Zambian Court.
This, too, violates the African Guidelines, which mandate that judicial bodies “shall be independent from the executive branch” and free from “any inappropriate or unwarranted interference.”[6]
When you combine your record of contemptuous conduct to the judiciary with the illegal and defamatory attack on my client, it appears that such circumstances one might go over your head to the Minister of Justice.
The Minister of Justice Mr. Wynter Kabimba, however, also serves as Secretary General of the Patriotic Front, and has shown himself to be contemptuous of the investigative wings and to hold himself above the law. For ease of reference I attach a photo of the Justice Minister at the ACC accompanied by menacing PF thugs, refusing to answer substantive allegations over his own conduct.
In such a hopelessly politically charged and biased environment, your attempt to lift my client’s immunity represents a shameful departure from Zambian history.
I call upon you to resign from the post you should never have been awarded, and do the honourable thing, if you have any honour left.
In light of your behavior to date I intend to file a complaint before the African Commission for Human Rights early next week documenting these concerns and evidence of your misconduct unless I receive a satisfactory response by Monday close of business.
Sincerely,
Robert Amsterdam
International counsel to former President Rupiah Banda
Labels: AMSTERDAM PEROFF, CORRUPTION, DPP, FRED M'MEMBE, MUTEMBO NCHITO, ROBERT AMSTERDAM, RUPIAH BANDA, THE POST
Read more...
DEC warns against financial crime during rebasing
By Henry Sinyangwe
Sat 08 Dec. 2012, 10:00 CAT
THE Drug Enforcement Commission has warned people against taking advantage of the rebased currency to commit financial crimes. During a sensitisation workshop for DEC officers on the features of the existing and rebased currency conducted by the Bank of Zambia yesterday, deputy commissioner Lottie Mpundu said it was important for the officers to understand the features clearly to prevent counterfeiting.
"It is gratifying to note that the purpose of this workshop is to give an opportunity to DEC officers to have a deeper understanding of the security features of the Zambian currency so that we can prevent and investigate financial crimes effectively during and after the rebasing exercise," Mpundu said. He commended the Bank of Zambia for being proactive and involving various stakeholders in the rebasing exercise.
"It is our position that at the end of this workshop both Bank of Zambia and DEC will come up with workable suggestions on how to tackle financial crimes in particular currency counterfeiting and money laundering," Mpundu said.
He said the commission would pursue financial crime vigorously.
"Let me take this opportunity to give a timely warning to those who might take advantage of the rebasing exercise to commit crimes," said Mpundu.
"The Commission will pursue them vigorously and ensure that their activities are curtailed in line with the law. We shall use all available means within the law to prevent, investigate and prosecute financial crimes."
Last week, Director of Public Prosecutions Mutembo Nchito challenged prosecutors and investigators to fight financial crime and prevent its negative impact on the country's economy.
He said in an interview after witnessing the graduation of 22 prosecutors and investigators at Zambia Institute of Advanced Legal Education (ZIALE) that all crime should be fought with resolve.
Nchito observed that the country was at a stage when there was increased financial crime which posed threats to the economy.
He said financial crime should be addressed because it destroyed the lives of many citizens.
"If we do not, it means you do not collect sufficient taxes, we are not able to have sufficient revenue for the government and if the government does not have sufficient revenue, it cannot provide resources," said Nchito.
Labels: DEC, DPP, KWACHA, LOTTIE MPUNDU, MUTEMBO NCHITO
Read more...
DPP urges fight against financial crime
By Agness Changala
Sun 02 Dec. 2012, 11:40 CAT
DIRECTOR of Public Prosecutions Mutembo Nchito has urged prosecutors and investigators to fight financial crime and prevent its negative impact on the country's economy. Nchito said in an interview after witnessing the graduation of 22 prosecutors and investigators at Zambia Institute of Advanced Legal Education (ZIALE) on Friday that all crime should be fought with resolve.
He observed that the country was at a stage when there was increased financial crime which posed threats to the economy. Nchito said financial crime should be addressed because it destroyed the lives of many citizens.
"If we do not, it means you do not collect sufficient taxes, we are not able to have sufficient revenue for the government and if the government does not have sufficient revenue, it cannot provide services," Nchito said. "So it immediately translates into things like poor maternal health and poor health generally among others."
Nchito also said like all other crimes, financial crime undermined the rule of law.
"And when you undermine the rule of law, you undermine democracy. When you undermine democracy, you undermine the ability of the state to function as an organised state and therefore, we are going back into a non-civilised situation," he said.
Nchito further said the government was positioning itself to address all crime regardless of who was involved.
"We will fight whether it's in corporate or individuals, whether it's in the mining area or other sectors of the economy. Whether it's in the area of taxation or corruption, we are positioning ourselves to fight crime," he said.
Earlier, Nchito said it was the duty of prosecutors to enforce the rules set for everyone.
And Attorney General Mumba Malila said the rule of law demanded that those on the wrong side of it were prosecuted.
He said the prosecution of those who do wrong should be done effectively as a way to deter would-be offenders.
ZIALE director Palan Mulonda said the course had been restructured with the aim of making it more relevant to institutions such as Zambia police, Zambia Army, and Zambia Air Force among others.
Mulonda said prosecutors had a role to play in enhancing compliance with the rule of law.
He said the skills that had been imparted in them during their two weeks of training should be utilised to the best of their ability.
Mulonda also said the institute intended to go to various institutions and monitor the performance of those who had been trained.
He said in the past the institute had received concerns that graduates hardly went to court.
"We will monitor for the next three months to see how best you are making use of the skills. If you do not, it means you are doing nothing," said Mulonda.
Labels: DPP, MUTEMBO NCHITO
Read more...
Malawi’s Banda claims proof on DPP’s plot to assassinate her
By Agencies -ANP/AFP
August 13, 2012
Malawi President Joyce Banda said in an interview with a newspaper Sunday that an attempt was made to kill her in 2010 during her tenure as vice president when she opposed ex-leader Bingu wa Mutharika.
Banda told South Africa’s Sunday Times that since taking office in April, she had discovered proof that a truck that had crashed into a car in a convoy she was travelling in was aiming for her.
“I was in car number five when they hit the car I was supposed to be in. A truck came from the bush full of maize,” she said.
“I was denied access to the accident report until now that I’m president. I’ve seen that the truck was owned by the system. They hit where I was supposed to sit.”
President Banda: Claims proof of attempt on her life
She changed vehicles at the last minute after warnings from her personal security team.
Banda had fallen out with Mutharika at the time of the crash. She was excluded from his party in late 2010.
In Sunday’s interview, she implied that she would stand in Malawi’s 2014 presidential election, saying that more work was needed to clean up the “nepotism” of the old regime, which saw Mutharika’s brother Peter given the job of foreign minister.
‘His brother still there’
“You must understand that his brother is still here and he is waiting for the job, and the brother has also sympathisers. In the course of the eight years that (Mutharika) was in power the one thing that got worse was nepotism,” she said.
“I have to be extremely careful … to clean up is the greatest challenge. I have to tell the international community that this is not witch-hunting, it is cleaning up, because nobody will be removed without evidence of theft or corruption.”
Since coming to power, Banda — Africa’s second woman leader after Liberia’s Ellen Johnson Sirleaf — has put in a place a series of moves to boost the economy of the poor east African nation and win the confidence of international donors.
She devalued the kwacha currency by nearly 34 percent against the US dollar in May, which had been trading at double the official exchange on the black market.
The disparity had caused a severe foreign exchange shortage, as the currency was driven into the hands of informal dealers.
Banda also got rid of Mutharika’s supporters in government and brought back Malawi’s flag, which Mutharika had changed.
Labels: ASSASSINATION, DPP, JOYCE BANDA
Read more...
Luonde questions Musonda's claim of threats against him
By Mwala Kalaluka
Mon 14 May 2012, 14:00 CAT
KITWE Anglican priest Fr Richard Luonde says Zambians demand substantiated evidence from judge Philip Musonda over his claims that Director of Public Prosecutions Mutembo Nchito and the intelligence are conspiring to kill him.
And United States embassy in Zambia public affairs officer Priscilla Ann Hernandez says the US does not recognise the granting of asylum at embassies abroad. In an interview yesterday, Fr Luonde said only proper, credible evidence would make Zambians listen to the suspended Supreme Court judge.
"He is now bringing the name of Mutembo Nchito and the name of the intelligence into disrepute when there is no evidence," Fr Luonde said. "We need substantiated evidence from judge Musonda before he even writes the President."
He said without evidence from Musonda, his allegations would remain hearsay.
And according to a letter authored by justice minister Sebastian Zulu to President Sata dated May 9, 2012, Zulu stated that judge Musonda called him at his ministry with complaints that his life was in danger.
Zulu stated that judge Musonda alleged that Nchito had conspired with the Zambia Security Intelligence Services to fabricate evidence against him in order to destroy him.
He stated that judge Musonda cited the case of an article on the front page of the Zambia Daily Mail of Tuesday May 8, 2012 entitled "Banned Judge Visits Mohan'.
"He denies that he ever visited the Lusaka Central Prison to see Mohan or otherwise and that in fact he does not know Mohan," read Zulu's letter in part. "Your Excellency, Honourable Justice Musonda alleges that his life is in danger from alleged conspiracy and that we should not be surprised if he takes refuge in some Embassy such as the American Embassy for fear of his life. He further informed me that he has transferred monies from his personal account to his wife's account and has written a note to his family that if he dies they should know what has led to his death."
And Fr Luonde said judge Musonda's request for early retirement was an attempt to avoid being implicated by judge Lovemore Chikopa tribunal's findings.
On judge Musonda's request to be retired in national interest by President Sata prior to the commencement of a tribunal hearing set up to probe him and two others, Fr Luonde said that the Judiciary had not performed to expectation, especially during the reign of the MMD.
"When I read that letter, so many things came to mind. How do you retire when you are being investigated and what prompts you to retire?" he asked. "If the President would have accepted his retirement, people would have been more suspicious of the Judiciary.
"Judge Musonda should wait for the tribunal to sit and present its findings to the President."
Fr Luonde said it was clear all was not well in the Judiciary and if one could only compare how the same judges that were today disposing electoral petition cases expeditiously used to drag the same cases during the MMD reign.
"These are the same things which are coming out now, because the truth has to be revealed," he said. "Judge Musonda wants to retire now so that he is not implicated in anything. The President has done well not to accept his retirement."
Fr Luonde said by his action, judge Musonda was trying to indicate to the people that there was something he did not do right in his role as a judicial officer.
"The system needs to be re-organised from the top to the bottom. In our language we have a saying that, lisabi litampila uku bolela kumutwe the fish starts rotting from the head," Fr Luonde said. "For me the Judiciary has lost credibility before the Zambians. The majority who can't afford a lawyer have paid heavily while those who can manage to get good lawyers have gone scot-free because they have been defended."
He said people from all walks of life should be defended by the Zambian law.
"In Zambia it seems we have a law for the rich and a law for the poor," said Fr Luonde. "These are indications of things to come. The Judiciary is our last defence but if they are held in suspicion, where do we run to?"
And commenting on judge Musonda's hint that he might seek refuge at an embassy such as the United States Embassy because his life was "in danger", Hernandez said pursuant to regulations, the US government does not comment publicly on asylum matters.
"The United States does not recognise the granting of asylum at embassies abroad," said Hernandez in response to a question on whether judge Musonda had already officially sought asylum from the embassy.
President Sata, through his special assistant for press and public relations George Chellah, on Friday released correspondence where judge Musonda applied for early retirement.
Another correspondence was one where justice minister Sebastian Zulu revealed that judge Musonda told him that people should not be surprised when he seeks refuge at an embassy such as the American one because his life was "in danger".
But President Sata rejected judge Musonda's application for retirement until after the tribunal set to probe his conduct together with High Court judges Charles Kajimanga and Nigel Mutuna concludes its work.
Labels: ASSASSINATION, DPP, MUTEMBO NCHITO, PHILIP MUSONDA, RICHARD LUONDE
Read more...
There'll be no sacred cow in prosecution of political corruption, warns DPP
By Kombe Chimpinde
Fri 13 Apr. 2012, 13:29 CAT
DIRECTOR of Public Prosecutions Mutembo Nchito has warned that there will be no sacred cow in the prosecution of political corruption even among present leaders.
During a conference in Lusaka for the ruling Patriotic Front and civil society organisations to discuss democracy and good governance organised by Hebert Stiftung Foundation, Nchito said political corruption must be dealt with in its entirety or the current efforts to fight the vice will not yield positive results.
"…As I speak, I am sounding out a warning not to people who have left government, but today we have ministers coming out of the present government and those should know that it is corruption to go and collect money and put it in their pocket in the name of funding politics," he warned.
Nchito said one of the areas that needed to be addressed was the question of political corruption which had become a challenge.
"We have to deal with the question of political corruption head on. We have to address it squarely or else our efforts to fighting corruption will amount to nothing. And talking about political corruption, we have to deal with the funding of the system that promises to deliver the development we are looking for, the politics of our country," he said.
Nchito said the rule of law could not be delivered without politics.
"We can't deliver the rule of law without politics…So the politics of a country are very important and we need to think about how we can clean our politics," Nchito said.
He said there were a number of things that were needed to improve the economic development of the country, among them the rule of law and respect for it.
"What that means is that the rule by which we govern ourselves and settle our disputes must be clearly understood and clearly laid down and respected by all, whether we are in government or outside government," said Nchito.
"One of the key roadblocks against achieving benchmarks for development is corruption. The rule of law is undermined because of corruption. Today we have a crisis in our rule of law because many of our people do not believe that we can rely on institutions of justice to determine our disputes and on the other hand, it is not uncommon for our people to believe that the government of the day uses its power, authority to unduly interfere with institutions of justice, and therefore deny its people to justice. These are real problems."
Labels: CORRUPTION, DPP, MUTEMBO NCHITO
Read more...
Back abuse of office bill, DPP urges MPs
By Bright Mukwasa
Wed 21 Mar. 2012, 12:00 CAT
DIRECTOR of Public Prosecutions Mutembo Nchito has asked members of parliament to back the abuse of office clause in the ACC bill.
Appearing before a parliamentary committee on legal affairs, governance and human rights chaired by Monze UPND member of parliament Jack Mwiimbu yesterday, Nchito said corruption must be fought vigorously and to the hilt.
He said he had witnessed the country's fight against corruption and what was needed were good laws to tame the vice.
"My own opinion is that the rate at which people abused power is frightening. I think that as Parliament, you have an important duty to ensure that we have laws in place that can check the Executive from abusing power to benefit them. To some extent, the Executive must be commended for bringing this law Abuse of Office Clause because the victims of this law are going to be the Esxecutive, not the other side," he said.
Nchito said the repeal of the law and subsequent reinstatement had the potential to immensely benefit the country in fighting corruption.
He also said public officers abusing resources suspected to have been corruptly acquired must asked to account.
Nchito said his office could not amend the submissions made by the Attorney General and were in support of the position taken by his office.
The PF government has taken back the abuse of authority of office clause that was removed by the Rupiah Banda administration from the ACC Act prior to last year's general elections.
According to the Anti-Corruption bill, 2012 tabled by justice minister Sebastian Zulu in the House, the bill states that a public officer commits an offence by doing or directing, in abuse of their position, office or authority any arbitrary act prejudicial to the rights or interests of the government.
The Anti-Corruption bill 2012, seeks to deal with any public officer concerned with any matter of transaction connected to their office who corruptly solicits to receive any gratification in relation to the transaction.
Labels: ACC, DPP, JACK MWIIMBU, MUTEMBO NCHITO
Read more...
DPP asks court to put Liato on defence
By Maluba Jere
Fri 16 Mar. 2012, 11:59 CAT
DIRECTOR of Public Prosecutions Mutembo Nchito has asked the Lusaka Magistrates Court to put Austin Liato on his defence in the case relating to the K2.1 billion unearthed from his farm on suspicions that it was proceeds of a crime.
In his submissions on case to answer, Nchito said from the evidence adduced, it was clear that Liato was in possession of the K2.1 billion which is in issue in the matter. He submitted that the evidence of all the prosecution witnesses was reliable and that it had not been discredited in any way during cross examination by Liato's lawyers.
This is in a matter where Liato, the former labour minister, is charged with possession of property suspected of being proceeds of crime contrary to Section 71(1) of the forfeiture of proceeds of crime Act number 19 of 2010 of the Laws of Zambia.
It is alleged that Liato on November 24, 2011 in Lusaka, possessed and concealed money at his farm number L/Mpamba/44 Mwembeshi amounting to K2.1 billion reasonably suspected of being proceeds of crime.
In his submissions on no case to answer, Liato said there was no dispute as regards the lawful possession and ownership of the money found in a chalet at his farm and urged the court to acquit him because the state has failed to prove the allegations against him.
Liato, through his lawyers Nellie Muti, Mutemwa Mutemwa and Moses Chitambala, submitted that the perusal of records shows that the prosecution had failed to prove all the ingredients of the crime under the said Act.
But Nchito stated that Section 71(1) of the forfeiture of proceeds of crime Act number 19 of 2010 provides that "a person who after the commencement of this act receives, possesses, conceals, disposes of or brings into Zambia any money or other property that may reasonably be suspected of being proceeds of a crime commits an offence."
The DPP submitted that under this Act, it is an offence for any person to receive or conceal or dispose or bring into Zambia any money that may reasonably be suspected of being proceeds of crime.
He also stated that on the basis that the prosecution only has to prove its case on a balance of probabilities, the state was submitting that the same had been done in that Liato had a colossal sum of money which he buried in the ground.
"This money did not come from any of his known sources of income. On that basis, we submit that he has committed the offence as charged," submitted Nchito.
He further submitted that Section 78 of the forfeiture of proceeds of crime Act number 19 of 2010 provides that "save as otherwise provides in the Act any questioning of facts to be decided by the court in proceedings under the Act is to be decided on the balance of probabilities."
Nchito submitted that it was very important for the provision that the prosecution need not prove this offence beyond reasonable doubt but on a balance of probabilities.
Following the filling of submissions by both parties, principal resident magistrate Aridah Chulu is on March 30 expected to rule on whether or not Liato has a case to answer in the K2.1 billion case.
Labels: AUSTIN LIATO, DPP, MUTEMBO NCHITO
Read more...
AG directs DPP to oppose M'membe's conviction
By Maluba Jere
Fri 02 Mar. 2012, 11:00 CAT
ATTORNEY General Mumba Malila has
directed the Director of Public Prosecutions not to support the conviction of Post editor Fred M'membe. Submissions filed in the High Court state that the prosecutors requested the Attorney General to provide an opinion on public policy considerations, if any, on the prosecution of The Post editor and the intended prosecution of US-based Zambian law Professor Muna Ndulo.
According to the submissions, the request was made as a reference to the Attorney General's office in terms of the proviso to Article 56(7) of the Constitution, which reads: "Provided that when the exercise of any such power in any case may, in the judgment of the Director of Public Prosecutions involve general considerations of public policy, the Director of Public Prosecutions shall bring the case to the notice of the Attorney General and shall in the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney General".
This is in a case where M'membe appealed against his conviction for contempt of court arising from an article authored by Prof Ndulo titled "The Chansa Kabwela case: A comedy of Errors" published on August 27, 2009.
According to the state submissions, the Attorney General was of the view that M'membe's prosecution was a perversion of justice and that it should not have been undertaken in the first place.
The submissions state that Malila's opinion on the matter was that the conviction in the circumstances was equally a travesty of justice and directed that the conviction should not be supported.
Malila stated that the prosecution of M'membe and the intended prosecution of Prof Ndulo for contempt were undertaken under an exceptional background.
"I have studied the circumstances that gave rise to this prosecution. As I can ascertain, The Post Newspaper published the article entitled "The Chansa Kabwela Case: a comedy of errors in their Newspaper number 4697 of 27th August 2009...The President, according to the article should never have issued a directive to the police," said Malila.
"The police on the other hand should have exercised professionalism and independence, but they did not; the DPP should have stepped in to redeem the situation, he too failed."
He further said considering the political circumstances of the time and the totality of what transpired, the prosecution of Kabwela was not objectively and professionally undertaken as evidenced by the result of the prosecution which was an acquittal.
Malila added that in many ways, the author of the article complained of was vindicated and that its publication was justified saying the criticism was valid and apt.
He stated that M'membe's prosecution and subsequent conviction was driven by undisguised political interests.
"The effect of the prosecution of those perceived to be criticising injustice is to stifle the constitutionally protected freedom of expression," he said.
"Some prosecutions, including that of Mr Fred M'membe who appeared to be an ardent critic of the government of that time, appeared to have been driven more by undisguised political interests and the need to dole out political patronage rather than achieving justice. This was an affront to the rule of law and is consequently against public policy."
The state in their submissions said it was clear from the Attorney General's opinion that his view was that the conviction of the appellants should not be sustained.
"In the premise, pursuant to Article 56(7) of the Constitution aforesaid, we therefore abide by the Attorney General's direction and do not support the conviction," read the submissions in part.
In 2010, senior resident magistrate David Simusamba sentenced M'membe to four months imprisonment with hard labour after being found guilty of contempt of court together with Post Newspapers.
Magistrate Simusamba also sentenced M'membe to four months simple imprisonment on behalf of Post Newspapers.
However, M'membe appealed against the conviction and the High Court has since set April 2, 2012 as the date for judgment.
Labels: DPP, FRED M'MEMBE, MUMBA MALILA, THE POST
Read more...
My cases were politically motivated, says Mahtani
By Maluba Jere
Tue 17 Jan. 2012, 13:57 CAT
MY court cases were politically motivated, says Finance Bank chairman Dr Rajan Mahtani.
Speaking after the Director of Public Prosecutions entered a nolle prosequi in a matter where Dr Mahatani and another were charged with obtaining credit by false pretences involving K6.5 billion, Dr Mahtani said all his cases had no substance because they were politically motivated.
He said he was grateful that justice had prevailed over offences he was accused of having committed.
Asked whether he expected yesterday's outcome in the matter, Dr Mahtani said, "I expected there was no case and I was looking forward to trial to hear what the prosecutors would say."
"As a born again Christian, I just wish to say to those who were accusing me that I have forgiven them," he said.
"The state has realised that there is no substance in the case hence the discharge."
Dr Mahtani said although he and his co-accused were harassed for two whole years, he had no intention of suing for wrongful prosecution, saying he was leaving that to God.
In this case, Dr Mahtani and David Peter Kamalarajan Kanaganagam pleaded not guilty to a charge of obtaining credit by false pretences involving K6.5 billion.
The duo first appeared before senior resident magistrate David Simusamba where they both denied the charge against them and the court entered plea in that respect.
After sometime, they were discharged through a nolle prosequi but were later that same day re-arrested on the same charge.
They then appeared before magistrate Mwaka Mikalile where they again pleaded not guilty to the charge.
Particulars of the offence alleged that on dates unknown but between February 1, 2008 and February 29, 2008, in Ndola, Mahtani and Kamalarajan jointly and whilst acting together with other persons unknown, in incurring a debt did obtain K6.5 billion from Finance Bank by falsely pretending that the money was working capital for Cladava Mining Limited when in fact not.
When the matter came up for commencement of trial yesterday, magistrate Mikalile was informed by the state that the DPP had entered a nolle prosequi in the matter.
Magistrate Mikalile then discontinued the matter.
Dr Mahtani was represented in the matter by Michael Mundashi and John Sangwa.
Labels: DPP, FINANCE BANK, RAJAN MAHTANI
Read more...
No visitors for Dora
By Mwala Kalaluka
Sat 07 Jan. 2012, 12:40 CAT
DORA Siliya yesterday instructed staff at Fairview Hospital where she is ‘admitted' not to allow anyone access to her admission room without obtaining her consent.
And a docket on
former mines minister Maxwell Mwale's use of a Chinese mining firm to pay duty for his campaign bicycles is before the Director of Public Prosecutions for consideration.
Siliya, who is ‘admitted' at the lavish hospital, which has a hotel-like ambience, told an official from Fairview Hospital Customer Service that she was not ready to talk to anyone.
This was after The Post went to the hospital to interview Siliya over assertions she was feigning illness to evade police interrogations.
The customer service officer only identified as Siphiwe who called the former transport minister on her mobile phone, assured Siliya that no one would be allowed to pay her a visit without her consent.
Earlier, sources said that Siliya, a parliamentarian for Eastern Province's Petauke Central Constituency under the opposition MMD, was expected to appear in court yesterday upon arrest on Thursday.
Siliya, who is also MMD spokesperson, was expected to appear before a team of combined investigators from the Drug Enforcement Commission DEC, Anti-Corruption Commission ACC and Zambia Police, but kept the officers waiting from about 14:00 hours till late in the afternoon on Thursday.
Police spokesperson Elizabeth Kanjela said on Thursday Siliya could not appear after her lawyer Sakwiba Sikota informed the police that she was unwell.
But sources said yesterday that officers had been dispatched to verify whether indeed Siliya was unwell and admitted to a hospital as claimed.
"We sent some officers to verify whether it is true she has been admitted or not and they have not come back yet," the source said.
But Kanjela said in an interview yesterday that Siliya was unwell.
"She was by yesterday admitted at Fairview Hospital. So we can only do that summon when she is well," said Kanjela.
In 2009, Siliya ordered the cancellation of a duly awarded contract for the supply, delivery, installation and commissioning of ZATM-RADAR at Lusaka now KK and Livingstone now Harry Mwaanga Nkumbula international airports to accommodate SELEX Sistemi Integrati, a company from Italy single-sourced to carry out the works.
Siliya's conduct was contrary to professional advice from officials in her ministry, the National Airport Corporation Limited NAC and the procurement authority.
Former president Rupiah Banda once described her as 'Smart Dora'.
And sources said the matter where Malambo MMD parliamentarian, Mwale, was recently warned and cautioned over the manner in which his campaign bicycles were procured had been taken before the DPP.
The sources, who are involved in the probe, said Mwale would be arrested should the DPP issue the instruction after consideration of the docket.
Investigators say there was corruption in the manner the said campaign bicycles were procured as Mwale allowed a Chinese firm, Zhongui Mining, allegedly awarded a suspicious mining licence when he was at the helm of the Ministry of Mines, to clear the duty for the bicycles.
Mwale is already appearing before Lusaka chief resident magistrate Joshua Banda charged with the offence of failing to account for over 200 bicycles reasonably suspected to have been stolen.
Labels: CORRUPTION, DORA SILIYA, DPP, MAXWELL MWALE, ZAMTEL
Read more...
Strive to restore sanity in DPP's office, Nawakwi urges Nchito
By Kombe Chimpinde
Sun 25 Dec. 2011, 13:57 CAT
MUTEMBO Nchito must strive to restore sanity in the office of the Director of Public Prosecutions, urges Edith Nawakwi.
Welcoming the appointment and subsequent ratification of Mutembo Nchito and Musa Mwenye as DPP and Solicitor General respectively by parliament on Tuesday, Nawakwi said the office of the DPP had lost public confidence because of high levels of unprofessionalism exhibited previously.
She also urged Nchito to execute his duties with high levels of integrity and impartiality.
"We expect that the appointment of Mutembo Nchito will not be an appointment to delve in the past but to create confidence in the office of the DPP. That confidence was not there previously. It has to be a whole new track record, it requires a new outlook, new resoluteness," said Nawakwi, the leader of opposition Forum for Democracy and Development.
"The law in this country is not applied retrospectively. We expect that the appointment of Mutembo Nchito will not be an appointment to delve in the past but to create confidence in the office of the DPP. That confidence was not there previously. It has to a whole new track record, that requires a new outlook, new resoluteness."
Nawakwi said there was a lot of criminality occurring in the country that Nchito and Mwenye should tackle.
"There is a lot that has to be done. Drug trafficking is on the increase, white collar crimes are on the increase. Sometimes it's not for the DPP to decide who has to be prosecuted or not, but I think the best that can happen for this country is for these individuals to create a track record of fairness for the future of the Judiciary in this country," she said.
Nawakwi cautioned Nchito to be above board in his execution of national duties, stressing that Zambians had bequeathed him with the duties of the office of DPP because of the confidence they had in him.
Nawakwi also noted that Nchito's office was key in the fight against corruption, a vice that had taken its toll on the governance of the country.
She said Nchito must be supported by all well-meaning Zambians that had the interest of the country at heart.
"This appointment is not the end in itself, it's a burden that has been placed on the shoulders of the two gentlemen requiring them to be fair, impartial. Non-partisan and professional, none of what the people in the House said should be dismissed as a by the way, because those members represent their own people and whatever has been said in the adoption should be weighed heavily in their execution of their duties on behalf of the people of Zambia," said Nawakwi.
"The President says he does not want corruption, it starts from the office of the DPP, it must not be an office to settle scores."
Labels: DPP, EDITH NAWAKWI, MUSA MWENYE, MUTEMBO NCHITO
Read more...
Wooooo, Mutembo is DPP
By The Post
Wed 21 Dec. 2011, 13:58 CAT
THERE is need for some decency, for some honesty in our politics. A just society can only exist when there is decency, fairness and honesty in our politics.
Politics should be honest and responsible because it is an effective way of serving others and working for the integral development of one's country. And politics should be practiced within the limits of the moral order. Those in leadership should use their leadership privileges to further the common good.
Authority is exercised legitimately if it is committed to the common good of society. Let people's representatives fight against injustice; let them devote themselves to the welfare of all. Political positions must have, as their aim, the achievement of the common good. And the best way to fulfil one's obligations of justice and love is to contribute to the common good because this is the reason for the existence of political, social and economic institutions.
And as we have also consistently advised, the exercise of political power, of indeed any power, must be the constant practice of self-limitation and modesty.
It was sad listening to the parliamentary debate over the ratification of Mutembo Nchito as nominee for the office of Director of Public Prosecutions.
Listening to George Kunda confirmed our belief in the view that genuine goodness is threatening to those at the opposite end of the moral spectrum. It made us wonder what some of our representatives in that House actually believe in. The other week, George was on the floor of the House showering us with praises for being a very good newspaper. We were right in not being carried away by George's praise, flattery because he didn't mean it.
We say this because yesterday, this same George was on the floor of this same House insinuating that if Mutembo were ratified for the office of Director of Public Prosecutions, him and us would run things in a way that would be detrimental to Michael Sata's government and the nation in general. How possible is it for a newspaper that the other week George praised as being a very good newspaper to do that, to behave in such an irresponsible and bad way?
We were not surprised that George could not hold his hatred for Mutembo and stood up to continue his scandalisation of Mutembo that he started when he was in government.
George has never hesitated to tell lies about Mutembo and about us. And he was at it again yesterday, trying to spread his hatred for Mutembo and The Post to other members of parliament. But he failed miserably and he should be very ashamed of himself. But George has no shame.
We say this because if George had shame, he wouldn't have been the one to say the things he insinuated about Mutembo and us yesterday. We have not forgotten how George used to accuse Mutembo and us of racketeering and all sorts of things on the floor of that House when he was vice-president. George has never hesitated to abuse his position of power in the House to scandalise ordinary citizens who have no chance of defending themselves on that same floor.
When we rejected his praises, we might have been seen to be ungrateful or arrogant. But we knew that George was a cheap politician, a liar and a very hateful person. George will never forgive Mutembo for exposing his criminal behaviour in collusion with his spineless Director of Public Prosecutions Chalwe Mchenga to extend an unjustified nolle prosequi to their friend Kashiwa Bulaya. We also know that George has been working with his spineless friend Mchenga to ensure that Mutembo is not ratified as a nominee for the position of Director of Public Prosecutions.
Just before he was ratified as a High Court judge, Mchenga tried very hard to scandalise Mutembo and claim there was still need to investigate him further in South Africa when he knew very well that there was nothing wrong he had done to justify being investigated. Both George and Mchenga know very well that their investigations failed to yield anything criminal that they could hang around Mutembo or any of us. And they were told so by the police, the Drug Enforcement Commission and the Anti Corruption Commission.
But being liars, they never had the moral courage to tell the Zambian people that they found nothing criminal in their investigations. And even yesterday, George was still trying to peddle the same lie he used to instruct Francis Kabonde to peddle against us. We can state it with absolute honesty that Kabonde told us that they had found nothing in their investigations against us and we shouldn't waste our time on the matter.
And this was the same thing George, Mchenga and their boss Rupiah Banda, were told. But they have no sense of honesty and they wanted to deceive the whole Parliament to deny the nation the services of a patriot who has demonstrated rare courage, honesty, competence and resoluteness in serving the course of justice. Again, they were shamed. The House voted overwhelmingly in favour of ratifying Mutembo's appointment as Director of Public Prosecutions.
And we can only say woooooo to them! Mwailasha! Mwaikata panshi! Mwashala nobufi bwenu!
George was not even ashamed to use newspaper propaganda that was being disseminated by a criminal, a corrupt element, Richard Sakala. This was a man who was sent to jail for corruption. And this is the man George wants to portray as representing absolute public opinion. As for others, they will simply choke with envy, with frustration over Mutembo's ratification in the same way they are choking with Michael's election victory which they never believed would happen without them.
We mean some tribalists in UPND. As for the corrupt elements, those who have committed crimes, their days are numbered because now the country has very good people at the helm of the Police, Anti Corruption Commission, the Drug Enforcement Commission and the Director of Public Prosecutions.
With this formidable team that Michael has assembled, those who have committed crimes, those who have plundered the resources of our people have every reason not to sleep. And this is why they were panicking over Mutembo's appointment as Director of Public Prosecutions. They know his capacity, they know his record of almost close to 100 per cent convictions. No amount of propaganda could distract him from his prosecution duties. The days of having a spineless Director of Public Prosecutions are over.
We have no doubt that Mutembo will discharge his duties with sufficient honour, fairness, justice and integrity. All our people deserve fairness and justice regardless of the crimes they are suspected to have committed. This country doesn't deserve spineless Directors of Public Prosecutions like Mchenga, who was for hire by those in power. And only in Zambia can such a person be given the high office of High Court judge.
But we know Mchenga's backers in our judiciary - and they are equally as bad as him when it comes to dancing to the tune of those in power. It should not matter where one stands politically when it comes to criminal prosecution. We don't ever want to see the impunity that William Banda and other MMD cadres got away with when their party was in power. The people of Zambia want an independent, fair and honest Director of Public Prosecutions.
And Mutembo fits well in that. We can speak with confidence about this because we know the man very well. If we commit a crime, we have no doubt that Mutembo will get us prosecuted like any other crime suspect. This is the way things should be. The Director of Public Prosecutions should owe no one protection who has committed a crime.
His duty is to protect the public from criminals, whoever they may be and whatever position they may occupy in society. This is the character of the man who prosecuted Frederick Chiluba. This is the character of the man who is hated by defenders of criminals like George.
We have no doubt that those 86 members of parliament who voted for Mutembo's ratification as Director of Public Prosecutions will never regret it because they have discharged a public duty in the most honest and sincere manner. As Robert Kennedy once observed, "Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centres of energy and daring, those ripples build a current that can sweep down the mightiest walls of oppression and resistance."
George was part and defender of the most corrupt and intolerant regime this country has ever seen, a regime where ministers steal billions of kwacha and bury them under the earth when their people have no food, have no medicines; when our children have no access to a desk and so on and so forth.
That is the regime George belonged to and defended. What integrity can George talk about? George is nothing but a shameless liar. But yesterday his lies couldn't be bought by the majority of our members of parliament, and they defied his appeal for Mutembo not to be ratified.
Now George will choke with envy, hatred and probably anger. Mutembo is our Republic's Director of Public Prosecutions without George's support or approval. We can only repeat to George: wooooooo!
Labels: CHALWE MCHENGA, DPP, MUTEMBO NCHITO
Read more...
Nchito's appointment is well-deserved - Wila
By Roy Habaalu, Bright Mukwasa, Moses Kuwema and Ernest Chanda
Wed 21 Dec. 2011, 14:00 CAT
WILA Mung'omba says Mutembo Nchito's appointment as Director of Public Prosecutions is well deserved. Parliament yesterday ratified the appointment by President Michael Sata of Nchito as DPP and Musa Mwenye as Solicitor General following a vote.
And Mung'omba said the government would benefit from the experience of the Law Association of Zambia president Musa Mwenye, who has been appointed Solicitor General.
In an interview yesterday after the ratification, Mung'omba said Nchito had sacrificed a lot for the country in his private practice as a lawyer.
"Mutembo Nchito is an outstanding lawyer in this country. He came out with a wonderful record, not only when he was at the Task Force on Corruption, but throughout his practice. So I welcome his appointment as DPP. It's a deserved position, it's a sacrifice on the part of Mutembo Nchito, knowing just how well he can do as a private practitioner in the country; I'm delighted by that," said Mung'omba.
"I also welcome the appointment of Mwenye as Solicitor General. He is also an outstanding and courageous lawyer. And I believe that the Ministry of Justice will benefit from his experience."
UPND and MMD members of parliament led by former vice-president George Kunda rejected Nchito's appointment over allegations that he had not been cleared of criminal investigations.
After Speaker of the National Assembly Dr Patrick Matibini asked parliamentarians who agreed with the appointment to say "aye" and those who disagreed to say "no" and the "ayes" carried the motion but the opposition called for a division which was allowed.
The division was carried out and parliamentarians voted through electronic voting. The "yes" vote had 86 members against the "nos" 50. Five members abstained from the vote.
Earlier objecting to the motion, Kunda said all members of parliament from the opposition would vote against the ratification of Nchito because he was a businessman who had not been cleared by investigating agencies for various allegations.
"We're ratifying a businessman for the position of DPP. There's irresistible public perception or there's a dark cloud hanging over Mr. Nchito's head. The character and integrity has been discussed throughout the report," Kunda said.
"Issues of the Development Bank of Zambia, Zambian Airways; these are investigations which will be carried by the police."
Kunda said it was public knowledge that immediate former Inspector General of Police Francis Kabonde was updating the public on the status of investigations regarding Zambian Airways.
Kunda further said Nchito was also being investigated for theft by agent by the Drug Enforcement Commission for non-remittance of fees to the National Airports Corporation and the allegations involving former finance minister Ng'andu Magande for allegedly influencing the postponement of payment of US$2 million owed to National Airports Corporation.
"Mr Mutembo is not suitable for the position of DPP. We must caution the executive; you may be shooting yourself in the foot if you're not careful. Some of these institutions may be running your government together with some newspapers. We are warning you, some of these people we have dealt with them, we know them," said Kunda.
But in supporting the motion, UPND Kalomo parliamentarian Request Muntanga said he had no issues with Mwenye but urged Nchito to be above board and not be used to persecute people perceived to be anti-government.
Nkana PF parliamentarian Luxon Kazabu said none of the witnesses gave adverse evidence regarding civil or criminal cases being investigated or tried against Nchito by the courts of law.
Chongwe PF parliamentarian Sylvia Masebo said the Daily Nation newspaper was responsible for the so-called public perception that had been created about Nchito.
Masebo said the newspaper had been running stories about Nchito for the last one week or so since his nomination in order to create a wrong perception about him.
"Somebody was saying there is perception, and I brought this newspaper Mr. Speaker because it is important and I will lay it on the floor of the House. There is a paper here called Daily Nation and it says ‘will the speaker Patrick Matibini save Nchito? And it says ‘Mutembo Nchito in trouble', this newspaper has been running stories about Mutembo Nchito for the last one week or two weeks since the nomination, to try and create a perception," Masebo debated.
"I want to tell you Mr. Speaker that the people behind this newspaper, one of them was convicted by Mutembo Nchito and he served three years in jail.
So how can you give credence to a person who was prosecuted and successfully jailed for three years for corruption or abuse of office and he comes and starts writing stories about an individual and you come and tell us that a perception has been built; by who? And you want us to be swayed by such people, is that fair Mr Speaker? Mr Kunda?"
Masebo said it was not fair to try and destroy innocent people because of personal agenda.
She said there could be nobody better than Nchito for the job of DPP and that this showed that President Michael Sata was serious about fighting corruption.
"For him to nominate, select Mutembo, shows that he is serious because there are many leaders who would like to appoint weak people whom they can control, but Mr Sata clearly, he is not scared of anybody because he knows his position. Those who are crying and worrying about Mutembo, they are just worried about what might happen to them because of what they have been doing. That is the only reason," she said.
Masebo said Nchito had worked for the country, had experience and integrity even in his past life where he served for free with the Anti-Corruption Commission.
"How in one vain can you say he is doing money laundering and then at the same time you say he is going to be bankrupt? This man can make more money without being a DPP, even in the past he showed us that he could make more money than the job that he was given but because he wanted to serve his nation, he just went on and on. Even at the time when people were changing goal posts, he still stood firm…that is the type of people we want, not those who change goalposts because the person who is paying you is different," Masebo said.
Meanwhile, UPND Mbabala member of parliament Ephraim Belemu opposed Nchito's ratification, saying he was not a straightforward nominee and that he was tainted and could not be appointed to the position of DPP.
Labels: DPP, MUTEMBO NCHITO, WILLA MUNG'OMBA
Read more...
Ex-DEC chief gets K5m bail
By Maluba Jere
Thu 17 Nov. 2011, 14:00 CAT
FORMER Drug Enforcement Commission chief Aaron Zulu has been granted K5 million cash bail after appearing in the magistrates' court on a charge of abuse of authority of office.
57-year-old Zulu of house number three Jesmondine, who first appeared before chief resident magistrate Joshua Banda, had his matter allocated to principal resident magistrate Aridah Chulu where he appeared for mention.
When the case was called, Zambia Police senior legal officer Simon Tembo told magistrate Chulu that the matter was coming up for mention as the state was still awaiting consent from the Director of Public Prosecutions (DPP).
Tembo told the court that the matter should be mentioned and that Zulu should appear in court for another mention on November 23, 2011.
Zulu's lawyer Sakwiba Sikota applied for bail, saying the offence his client was charged with was bailable.
Sikota said Zulu was of fixed abode and that until his recent retirement as commissioner at DEC, he was in gainful employment.
He said Zulu was a Zambian who was able to provide sureties in an event that he is granted bail.
The state did not object to the bail application.
Magistrate Chulu then granted Zulu K5 million bail with two working sureties in the like sum but in their own recognisance.
Zulu, who was arrested on Tuesday, is charged with one count of abuse of authority of office contrary to Section 99 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
It is alleged that Zulu on July 8, 2011, in Lusaka, being a person employed in the public service, namely DEC as commissioner abused the authority of his office and in breach of the laid down procedures sold or directed the sale of 118.897 kilogrammes of gold to Societe Financier Du Seujut SA at a value less than the market price, an act prejudicial to the rights or interests of the government.
Labels: CORRUPTION, DEC, DPP
Read more...
DPP has ‘lost touch’ Kandodo admits
By Nyasa Times
Published: June 28, 2011
Finance Minister Ken Kandodo has conceded that the governing Democratic Progressive Party (DPP) has lost touch with the public. The confension comes after DPP’s legal advisor and Henry Duncan Phoya (HDP) said the party has lost popularity since its landslide victory in 2009 due to enacting of repressive laws.
In an interview on
Brian Banda’s popular Straight Talk programme aired on Capital FM Tuesday evening, Kandodo dignified Phoya’s claims that the government is losing popurality. Kandodo: We will correct things
However he said the DPP government can regain its ground by becoming more responsive to the public’s concerns.
“Of course we have problems. But there is sufficient time to turn things around. We are in 2011 now, next elections are in 2014. I do believe there is enough time to claw back,” said Kandodo.
The government’s purse keeper nonetheless said the DPP can win if elections were to be held.
“But even if we were to have an election this year, out party will come out as the largest party, on that I don’t have any doubt at all,” he said.
He admitted that people are disillusioned because of economic turmoil punctuated by fuel and forex shortages.
“When we have fuel cues obviously people will be complaining. So a party can lose some popularity,” he said, adding “DPP remains the most popular party. Whatever problems we have now can be corrected.”
Kandodo also told the radio that government were spending “sleepless nights” to solve the forex crunch.
“We are now spending sleepless nights within the government set up to find solutions to this forex problem,” he said.
He downplayed assertions that the forex shortage has come about due to aid freeze by the donor community, particularly Britain and German.
He said: “Tobacco season this year has proved to be the worse. Even if the UK were going to give us money as pledged it was going to be a difficult year, economically.”
The Finance Minister also denied claims that government is broke.
“Government is not broke in terms of implementing the budget,” he said. “In terms of paying civil servants we have been paying them.”
He said Malawi government did nothing wrong to warrant it lose British and German aid.
“Germans had an issue on homosexuality,” he pointed out, saying the German government wanted Malawi to respect minority rights including those of gays and lesbians.
“These are moral questions that we should not take it lightly,” he said.
On UK, he said President Bingu wa Mutharika expelled the British diplomat who criticised because “element of trust disappeared and it was difficult to sustain some kind of arrangement. There is not much wrong what government did.”
Kandodo said Malawi failed to complete the assessment under an Extended Credit Facility with the International Monetary Fund (IMF) because of i government’s refusal to devalue the Malawian kwacha.
“IMF asked us to devalue our currency,” he informed. He said the country needed to put all fiscal measures in place before devaluation.
“I am not saying devaluation is wrong, get me right.”
“We are very much aware of the risks we are facing on the economy.”
Asked if he was a competent to be the Finance Minister, he responded: “I am very competent. Those that I have worked with will tell you we have done what was necessary.”
And if he was excited with his job in the face of the current problems, he said: “I am excited in my job but of course one gets concerned to see fuel cues it’s not a sight that is pleasant to anybody and this why we are working very hard to resolving the problem.”
Kandodo explained during the interview that the Finance Minister’s job is a team effort.
“Even if you change minister of finance the government machinery has a set of procedures and systems that are there to support incoming minister of finance,” he said.
The Minister who presented the zero deficit budgets also said government has received assurance from donors to support Malawi on development and projects grants.—(Reporting by Thom Chiumia, Nyasa Times)
Tagged with: DPP, fuel shortage, IMF, Ken Kandodo
Labels: BINGU WA MUTHARIKA, DONORS, DPP, KEN KANDODO
Read more...
Mchenga has no integrity and must go
By The Post
Sun 05 June 2011, 04:01 CAT
The Director of Public Prosecution’s withdrawal of the appeal against Frederick Chiluba’s acquittal on the corruption charges he was facing has done a lot of damage to many things in our country.
And Musa Mwenye, president of the Law Association of Zambia, is right when he says that this case has not aided the development of law in our country and it has left many issues unsettled.
And we feel it has also aided or abated corruption in our country. It has encouraged impunity. It has also encouraged lawlessness. And we know that every lawless act leaves an incurable wound, like one left by a double-edged sword.
It is good that the Law Association of Zambia has decided to put the matter of the failure to appeal Chiluba’s questionable acquittal into proper perspective.
It is important that organisations such as the law association continue to guide our people and explain complex legal issues in a manner that many of our people can understand. It is very difficult to disagree with Musa when he says that the issue they are unhappy about is not whether or not Chiluba is guilty or innocent, but rather the fact that judicial processes have been called into question by Chalwe Mchenga’s recklessness.
A process that should have been allowed to proceed in a normal way was short-circuited to accommodate petty partisan and very narrow interests. Mchenga chose to allow politicians to abuse his power in order to pursue their political interests.
By this act, Mchenga abdicated his office and joined politicians in raping the sanctity of our Constitution and permanently scarring the integrity of the office of the Director of Public Prosecutions.
What Mchenga has done will continue to haunt that office for many years to come. It is difficult for our people to believe that people who occupy that office make decisions in the general public interest. That damage has been done by Mchenga more than any other Director of Public Prosecutions before him.
We are not saying that other Director of Public Prosecutions have not had problems of their own. But what is clear is that Mchenga has taken issues to another level. It is difficult to think of any other Director of Public Prosecutions who has disgraced that office more than Mchenga has.
Even Director of Public Prosecutions in a one party state as Zambia was until 1991 behaved with more dignity, integrity and independence than Mchenga is showing today.
The little law that we have learnt has taught us that one of the ways of ensuring the independence of constitutional offices such as that of the Director of Public Prosecutions is to provide the occupants with security of tenure. This means that the person who occupies such an office cannot be fired in a willy-nilly way.
In theory, this is supposed to work very well because a Director of Public Prosecutions is able to work without fearing that the decisions that he or she takes could end up with them losing their job. But given what we have seen with Mchenga, maybe that should be left to a perfect world.
We say this because security of tenure does not seem to guarantee integrity in tenure. In fact, this security of tenure can be used to protect officers who do wrong things because they know they cannot easily be fired. Where does that leave us?
It seems to us that we must prize integrity above many other qualities that we look for in suitable constitutional office bearers. We say this because competence can be taught or acquired with experience, and where it lacks, it can be borrowed or sourced in many ways.
But integrity cannot easily be taught, especially to those that have learnt to reap the benefits of lacking integrity.
This seems to be Mchenga’s problem. We are not qualified to judge whether Mchenga is legally competent or incompetent, as surprising as that might sound given what we have said about him before.
We say this because we have never worked with him to assess whether he is competent or not. But one thing that we are sure of because we have observed it is that Mchenga is a dishonest, spineless wimp who lacks integrity.
We say this because Mchenga has consistently made strange decisions on important cases which a person of integrity could not have defended or even contemplated making.
We still remember that using or abusing the respect that his office is supposed to enjoy, Mchenga allowed himself to be used by George Kunda to lie to the nation about the case of Kashiwa Bulaya.
They told the nation that there was no strong case against Bulaya and it would be a waste of state resources to prosecute him. Mchenga even went further, as many of us know, to give Bulaya the benefit of a corrupt nolle prosequi which he personally tabled in court.
That case, as we all know, was later prosecuted by the Task Force on Corruption after concerted public pressure and Levy Mwanawasa ordering that it be taken back to court. Bulaya was convicted. He appealed to the High Court and his conviction was upheld. Mchenga still has issues to answer about his behaviour in the Bulaya debacle.
Did he exercise his power independently or did he allow politicians to use his office to rubberstamp their decisions? Our answer to this question is that Mchenga had allowed the politicians to take out the case of Bulaya from the courts and to take it back to the courts when the politics around it became too hot.
It was not Mchenga’s decision to take that matter out of court and to take it back. George Kunda took that matter out of court and Levy took it back to court. Mchenga was simply a dishonourable conduit in this whole matter.
Bulaya’s case is not the only case where Mchenga has disgraced his office. A few days ago, another potential beneficiary of his lack of integrity was unfortunately convicted by the High Court, notwithstanding Mchenga’s wishes.
Mchenga’s office went to court and tried to secure the freedom of Anuj Rathi by condemning the work of the Task Force on Corruption. Instead of Rathi’s lawyers defending their client, the Director of Public Prosecution’s office took over and started defending a criminal.
Shamelessly, Mchenga’s office was arguing that Rathi was not guilty when they knew that Rathi’s co-conspirator retired Lt Gen Wilford Funjika had already been convicted, sentenced and served jail time for receiving bribes from Rathi.
Why was Mchenga ready to embarrass his office by the senseless defence of Rathi? There can be only one explanation: Rathi was a dear friend of Mchenga’s political masters who needed to be protected. Today, Mchenga’s reputation has been torn into further shreds because of his lack of integrity.
A man of integrity would not do with the office of Director of Public Prosecutions what Mchenga is doing with it.
In the matter of Chiluba that Musa is referring to, Mchenga again told lies to the nation. He claimed that he had not given permission to anyone to appeal against Chiluba’s acquittal when he knew very well that such express permission from him was not needed.
We say this because Mchenga had a judgment in his office from judge Mervin Mwanamwambwa which said that once he had given the initial authority to prosecute, there was no need for further authority to appeal. Again we ask: was Mchenga’s statement that he needed to give authority a product of incompetence or was it a question of willful dishonesty and lack of integrity?
Anyway, it is clear that Mchenga has a lot to answer for in the way that he has run his office which he has disgraced completely by seeming prepared to tell lies for the benefit of his political masters. This spineless wimp simply has no integrity and must go.
Labels: CHALWE MCHENGA, DPP, MUSA MWENYE
Read more...
Outcry for DPP to go well-founded - Chongwe
By Patson Chilemba
Fri 27 May 2011, 04:01 CAT
THE outcry from the Zambian people for DPP Chalwe Mchenga to go is well-founded following the conviction of Anuj Kumar Rathi, says Dr Rodger Chongwe. And Dr Chongwe said it was stupid for those in government, like finance minister Dr Situmbeko Musokotwane to criticise PF leader Michael Sata for saying he would restore the Barotseland Agreement when they had failed to do so themselves.
Commenting on the Lusaka High Court’s decision to uphold the four-year jail term slapped on Seymon Holdings proprietor Rathi by the Lusaka magistrates’ court in 2009 for corruption, Dr Chongwe said Director of Public Prosecutions (DPP) Mchenga wanted to save Rathi because he was in good standing with the MMD government.
“The DPP said he did not support the conviction. And the outcry by the people of Zambia, even by the Law Association of Zambia against the continuation of Mr Mchenga occupying his position as DPP is well founded,” Dr Chongwe said.
“And it’s there for all to see that Mr Mchenga has ceased to apply his personal judgement as the public prosecutor. He is instead getting his instructions from people who are unqualified lawyers, members of the executive of Mr Rupiah Banda.”
Dr Chongwe said such a situation should not be allowed to continue.
“That is why we are calling upon the people of Zambia that the MMD has been in power for far too long, and the time is ripe for them to leave office, together with those professionals who take orders from them, because we don’t want them to be used by the new government in doing the same thing that the current government is doing,” he said.
Dr Chongwe said Mchenga’s behaviour on Rathi was not different to how he behaved on former president Frederick Chiluba and his wife Regina.
He said Mchenga even went against the decision by the person they appointed to prosecute the case, by withdrawing an appeal on Chiluba’s acquittal from the High Court.
“And you remember in the case of Chiluba’s wife, when it came before the appeal the state said it won’t support the conviction and yet they prosecuted that woman and the court convicted her,” Dr Chongwe said.
“But because she is Mrs Chiluba they didn’t want to proceed against her and in this case obviously because it’s Mr Rathi who is in good standing with the government.”
He said at the Ministry of Justice for instance; all the positions from the minister to the Attorney General were dysfunctional.
“We need a new government to rebuild the institutions of government in this country,” Dr Chongwe said.
And commenting on Dr Situmbeko’s remarks that Sata was lying to the people of Western Province for promising that he would restore the Barotseland Agreement, Dr Chongwe said instead of condemning Sata, Dr Musokotwane and his colleagues in government should do something about it since they held the instruments of power and had the majority in Parliament.
“But to say someone who is in opposition if he came into power he wont’ do it, ‘he is telling lies’, I think that is stupid type of politics. It is illogical because if the opposition is promising the people of the Western Province that they are going to restore the Barotseland Agreement then the government if they want can actually restore it tomorrow,” he said.
Dr Chongwe said the people of Western Province felt cheated, saying when they requested the MMD government to look at the Agreement, they were shown bullets.
Dr Chongwe said he agreed with former Ngambela Mututwa Mututwa, that Sata was now the messenger for the Barotse Agreement.
“MMD has only itself to blame because they would have done what the people of Barotse land want. They want devolution of power so that their province has some political power to better the life of the people at the local level,” said Dr Chongwe.
On Monday, the Lusaka High Court upheld Rathi’s four-year jail term slapped on him by the Lusaka Magistrates’ Court two years ago.
When sentencing Rathi on November 3, 2009, magistrate Charles Kafunda, who is now High Court deputy director for court operations, said it was clear that Funjika manipulated the award of a tender to Seymon Holdings and his two children were given 7,500 pounds each which was also to his benefit.
He said the prosecution proved that Rathi gave the 15,000 pounds to Funjika who was a public officer so that he could manipulate the Zambia Public Procurement Authority (ZPPA), which was a public institution.
Magistrate Kafunda also ordered that the 342,000 pounds, which Rathi gained from the corruption act be forfeited to the state.
When delivering the appeal judgment, judge Nigel Mutuna sitting with judge Patrick Matibini ordered that Rathi serves the remainder of his four year sentence after they dismissed his 17 grounds of appeal saying they lacked merit and legal backing.
The High Court also revoked Rathi’s bail but said he had the right to appeal to the Supreme Court.
Rathi has already served 12 months of his sentence.
In December last year, Rathi won a bid to dine with President Rupiah Banda after he pledged K260 million to the MMD but the party president, who had earlier accepted the bid, rescinded his decision following public outcry.
And during the same appeal in January this year, the state submitted that there was no overwhelming circumstantial evidence to prove beyond doubt that Rathi was guilty of corruption as charged.
In their final submissions the state said the evidence before court did not show what criminal action Rathi did to prove an omission on his part that led to the crime.
Labels: CHALWE MCHENGA, DPP, ROGER CHONGWE
Read more...
Push for DPP’s resignation, Citizens Forum urges LAZ
By Patson Chilemba
Sat 07 May 2011, 04:01 CAT
THE new LAZ should lead the way in mounting pressure on Chalwe Mchenga to go, says Simon Kabanda. Kabanda, who is Citizens Forum executive director, said people had high expectations for the new Musa Mwenye-led Law Association of Zambia.
He said the position taken by the previous Stephen Lungu-led LAZ for Director of Public Prosecution Mchenga to vacate office should be upheld and effected.
“We are happy with the people that LAZ has put into office. So what we would want to urge them is that they should uphold the decision that was passed by the previous LAZ executive regarding the fate of the DPP Mchenga,” Kabanda said.
“We want them to be putting pressure. This new executive must ensure that they put pressure to ensure that the decision is effected. And this is what we expect from them, nothing less than that.”
Kabanda said not only had the image of the Judiciary been tainted because of political interference from the Executive, people also had a lot of questions on the Judiciary because of people like Mchenga.
He said LAZ should work towards restoring the image of the Judiciary, and one of the ways towards achieving that was pushing judicial officers like Mchenga out of the way.
Kabanda said Mchenga had committed a lot of injustices against the people of Zambia by trying to get in the way of justice over important cases like the attempt to free convicted Kashiwa Bulaya and the decision to withdraw an appeal on former president Frederick Chiluba’s acquittal.
He said illegality should not be allowed to continue rearing its ugly head in judicial offices.
“There is a general perception, and I want to underline this, the general perception in the country is that the Executive has an influence on the decisions the Judiciary makes. Now that perception should not be proved right, the principal actors like the DPP should go so that the image of the Judiciary can be restored,” said Kabanda.
Last year, LAZ came up with a position for Mchenga to resign over assertions that the Executive had usurped his powers.
President Banda had disclosed during one of the meetings that he stopped an appeal in the matter where Chiluba was acquitted by the magistrates’ court over corruption charges.
Labels: CHALWE MCHENGA, DPP, LAZ, SIMON KABANDA
Read more...
DPP disapproves private prosecution in Total case
By Maluba Jere
Sat 05 Mar. 2011, 04:00 CAT
THE Director of Public Prosecutions has re-jected an application by private prosecutors to co-prosecute a case where four former Total Zambia employees are in court for 13 counts of theft, theft by servant and fraudulent false accounting.
According to a letter from DPP Chalwe Mchenga, the private prosecutors' application had not been approved although he the DPP had instructed the Divisional Prosecutions Officer to allow them interact with the public prosecutor handling the matter.
“This will enable you facilitate and get involved in the pre-trial preparation of the case with the prosecutor,” said Mchenga.
In this case, Claire Mulwanda Mwale, Julius Phiri, Edward Musonda and Fredrick Nyirenda all pleaded not guilty to all the 13 counts involving huge sums of money.
When the case came up before Lusaka senior resident magistrate David Simusamba a representative from the private law firm informed the court that the complainant in the matter had engaged the law firm to co-prosecute the case.
But the defence sought the court’s guidance on the application saying they failed to discern Total Zambia’s interest to engage the private prosecutor saying the matter was in able hands of the state prosecutors.
Magistrate Simusamba told the parties that he would relax the straight rules regarding private prosecutors intending to join a matter.
However, magistrate Simusamba told the private prosecutor to sit in and observe the proceedings but that she would not have a role to play in the case on that day. It is alleged that Mwale, 25, who told the court that she is a student, is in the first count charged with fraudulent false accounting contrary to the Laws of Zambia.
It is alleged that Mwale on September 3, 2009 being employed by Total Zambia Limited as a clerk, with intent to defraud, made false entries for 25,000 litres of unleaded petrol and another 10, 000 litres purporting to show that the same had been issued and delivered to Alick Nkhata Total Filling Station when in fact not.
In counts, two, three and four, Mwale is alleged to have issued and delivered thousands of litres of petrol and gas oil worth millions to several filling stations in Lusaka when in fact not.
The matter comes up on March 24, 2011.
Labels: DPP
Read more...
