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
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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
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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
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Zambian confidence will be restored if Sata deals with Mmembe/ Nchito before dealing with Judges
TIME PUBLISHED - Tuesday, May 22, 2012, 9:20 am
By D.Banda
I read with dismay at the style of leadership that President Sata is exhibiting especially with regard to the suspension of the 3 judges.We have no problem investigating the 3 judges and the judiciary as a whole, but the manner in which Sata is doing it, leaves so much to be desired.
Firstly the suspension of the Judges came as a result of the judgement that was given in the K14 billion issue that his friends Nchito and Mmembe are involved in. Suppose the judgement was in favor of his friends, would he have gone ahead to suspend them and set up a tribunal? I don’t think so.
If he wants to show the general public that he is allergic to corruption and he is in there for the overhaul,why can’t he first suspend Nchito and then investigate the issue with the K14 billion and tell the nation that he will recover the money from the duo. It does not make sense to us to investigate the judges when his partners are refusing to pay back tax payers money.
Let him deal with Mmembe and Nchito before dealing with the judges and that will give us confidence that he is in there for the job and for the
poor ordinary Zambian. He should not even lie to us that he wants to clean the Judiciary, he wants to hammer them because they gave judgement not in favor of his buddies.
Look at the number of tribunals, if they make submissions not in his favor he hammers them and tells them that they don’t know what they are doing. Sata is ruling Zambia with preconceived ideas and if you challenge his authority then you are in trouble.No wonder those in his camp are so afraid of him and its only online papers who can provide checks and balances and report on real issues without government pollution.
I used to follow other news medias a lot because they used to be objective in their style of reporting and now it looks like only online forums can provide us with that objective role of alliance for what’s going on in Zambia.
Secondly the setting up of so many tribunals is a waste of tax payers money at the expense of the poor ordinary Zambian. The fight against corruption is so selective such that people like Nchito and Mmembe are free to do what they want because they are untouchable now. The
mounting pressure to have the Chief Justice resign is an indication that they want people to shift the attention from the K14 billion to
issues that are not at hand.
If we want to have the Chief Justice resign, lets call for the resignation of Nchito and believe me Nchito will never resign on moral grounds and Sata should be made aware that if he does not do the right thing with the issue of the K14 billion,he is putting himself in jeopardy and one day these mistakes will visit him because no government stays in power forever.
Even the single sourcing and awarding of contract to Chikwanda’s company to renovate state house is an issue that will visit him one day. I wonder why Guy Scott has even tolerated the PF this long with the mistakes they have made so far, I thought he was a gentleman who would address
those issues with the PF or even resign to protect his name. The mistakes, intimidation and shortfalls we have seen so far in the present government is a clear indication that the government has no idea what they are doing and they have lost direction which they did not have in the first place.
Political campaigns are different from reality and it is very easy to say that will perform outside of realism and when given the reality of platform, performance is deterred by conceptualism of the fact that it takes a different position to comprehend what we promise. We do not appreciate the new concepts of intimidation and selective fight against corruption being brought in the political arena and into he country by the PF government, we need to enhance the livelihood of our people for a better tomorrow and know that what we do today will come to haunt us tomorrow and that is something that the government of the day need to be made aware of by the media.
Labels: FRED M'MEMBE, MICHAEL SATA, MUTEMBO NCHITO
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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
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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
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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
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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
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Get tough, Sata tells DPP Mutembo Nchito
‘…Intercontinental Hotel Livingstone, Kagem, Lima Bank and RAMCOZ sale must be probed’
Mutembo_StateBy DEAN MWAANGA
PRESIDENT Sata has asked newly-appointed Director of Public Prosecutions (DPP) Mutembo Nchito to be thorough in investigating and prosecuting corruption cases.
The President also asked Mr Nchito to go beyond existing cases of corruption and open some files from the past such as those involving the sale or privatisation of Roan Antelope Mining Corporation (RAMCOZ), Kagem Mine, Lima Bank and Hotel Intercontinental in Livingstone which the President feels were corruptly sold.
The four companies were privatised by Grant Thornton, an international accounting and consulting firm, which United Party for National Development president Hakainde Hichilema, was a managing partner.
Mr Hichilema has constantly said the sale of the companies was above board and the Nchito-led DPP’s office may have to test this and bring the matter to an end once and for all.
The companies were privatised during the fast-track MMD privatisation programme under late President Frederick Chiluba’s administration.
“You will have to look at the old cases like the privatisation of Roan Mine, Kajem Mine, Lima Bank and Intercontinental Hotel in Livingstone. All these are cases that are stinking with corruption,” Mr Sata said.
Mr Sata said this at State House yesterday after he swore in Mr.
Nchito as DPP and made a minor Cabinet reshuffle that saw Information Minister Given Lubinda replace Chishimba Kambwili at Foreign Affairs while Fackson Shamenda moved to Information.
President Sata also made Mr Nchito a State Counsel.
But even though President Sata has made it repeatedly clear that his anti-graft fight will spare no-one, Mr Hichilema has accused President Sata of ‘witch-hunting’.
He said President Sata knows that everything in the privatisation of the companies he mentioned was done above board.
The opposition leader, who on Tuesday accused the ruling PF of having single-sourced a buyer for Zamtel, said President Sata’s intention is to silence and kill the opposition so that he can rule the country alone.
“President Sata should be aware that if his intention is to beat down the opposition into submission, then he has got it wrong because he will not beat some of us,” Mr Hichilema said.
President Sata also revealed that there are some Chinese companies which are still funding the MMD.
“Go to DEC, you will find that some Chinese companies are still funding the MMD,” President Sata said.
Mr Sata said Libyans working in LapGreen must also be prosecuted over the controversial sale of Zamtel, saying they are the ones who corrupted Zambians.
“When you go to Zamtel, don’t look at Zambians only, these Libyans are the ones who corrupted Zambians. So, don’t go for Zambians only, you must also go for Libyans in LapGreen. They are the ones who have dirty money and dirty hands. Sort them out,” Mr Sata said.
Mr Sata asked Mr Nchito to prepare his cases properly before taking them to court so that he does not blame the Judiciary when accused people are acquitted.
“We will expect you to assist the Judiciary by preparing your cases; don’t blame the Judiciary that they are acquitting people if you don’t prepare your cases properly,” he said.
He said late President Mwanawasa worked well and created the task force on corruption but his successor Rupiah Banda and George Kunda abandoned his (Mwanawasa) will to rid the country of corruption.
“We had a president who had trust in human beings. One of the people he had trust in was his attorney-general, whom he made Minister of Justice. He also picked somebody from a Chipata farm and made him his vice-president. They abandoned the fight against corruption. They bashed all of you at the task force and you were like orphans,” Mr Sata said.
He said the country now has the most ‘deadly’ legal team of Attorney-General Mumba Malila, Solicitor-General Musa Mwenye and Mr Nchito as DPP.
And in an interview after being sworn in, Mr Nchito said his appointment to the office of DPP is an opportunity to contribute to the rule of law.
He said all Zambians must be accountable and held to the standard of the law.
“If we are all equal before the law, I believe that this country will develop. We can’t have different laws for different people. We need one law for all of us,” Mr Nchito said.
Mr Nchito said he will sit down with his staff in the office (DPP) and look at the projects they are working on.
“I will ensure that I pick up from where my predecessor left. I am not going to try and do everything myself, I will sit down with my colleagues so that we can move the office forward together,” he said.
He said his office will not rush cases to court but will make sure good ground work is done before taking them to the courts.
“My team will take good cases before the courts of law. If some people are innocent, they are innocent. If they have an issue to answer, they have to be given a chance to be heard before the courts of law,” Mr Nchito said.
He said he will review all the high-profile cases, adding that all must be prepared to be answerable for previous conduct.
He said when allegations are raised against someone, society must be patient enough to allow law enforcement agencies to investigate matters and bring them to finality.
Mr Nchito promised to ensure that everyone is treated the same way and those that are accused are treated fairly.
President Sata, who has publicly stated that he is allergic to corruption, said he wants to fight the vice in order to create new jobs and reduce high poverty levels at more than 65 percent.
Labels: CORRUPTION, MICHAEL SATA, MUTEMBO NCHITO
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Nchito told to probe sale of Roan Mine, Lima Bank
By Times Reporter
PRESIDENT Michael Sata has directed newly-appointed Director of Public Prosecutions (DPP), Mutembo Nchito, to launch a wide-scale investigation into the privatisation of Roan Antelope Mining Corporation of Zambia (RAMCOZ) and three other firms that were sold during the Frederick Chiluba administration.
Other firms lined up for probe are Kagem Mining Company in Kitwe, the defunct Lima Bank and Hotel InterContinental in Livingstone, which was sold to Sun International.
The directive to conduct the investigation has been prompted by what President Michael Sata yesterday described as " stinking corruption " surrounding the sale of the four companies.
Mr Sata was speaking shortly after he swore-in Mr Nchito as DPP at State House.
He told Mr Nchito, whom he elevated to State Counsel, to bring the culprits to book.
" Look at some of the old cases. The privatisation of Roan Antelope Mine, the privatisation of Kagem, the privatisation of Lima Bank and the privatisation of Hotel InterContinental in Livingstone. All those cases are stinking with corruption," the President said.
He said the team that formed the backbone of the dissolved Task Force on corruption had been brought to Government along with former chairperson, Max Nkole, who is Permanent Secretary at the Ministry of Home Affairs.
"You have all been called back. Your former chairman is Permanent Secretary and I am sure that with the Attorney General (Mumba Malila) who was once harassed because they did not like him, we will leave Zambia better than we have found it," Mr Sata said.
And United Party for National Development (UPND) president, Hakainde Hichilema, said he does not have anything to fear because he never stole any money from the privatisation process.
Mr Hichilema said his firm, Grant Thornton, was merely engaged as a consultant to evaluate the assets ahead of the privatisation process and was paid money on the basis of the contract signed with the Government.
Mr Hichilema said the Government was on a mission to silence opposition political leaders, but added that he would never succumb to any form of threat.
And President Sata has also revealed that some Chinese companies operating in Zambia were still funding the former ruling party, the MMD. He asked Mr Nchito to liaise with the Drug Enforcement Commission (DEC) for details.
" If you get in touch with the people at the Drug Enforcement Commission, they will give you the details and they will give you the names," Mr Sata said.
But MMD national chairperson Michael Mabenga denied that Chinese companies were funding the former ruling party.
Mr Mabenga claimed that some senior officials in the Government were misleading the President.
And the President has urged Mr Nchito to probe foreigners associated with the purchase of Zamtel for allegedly corrupting Zambian officials to secure the deal in the previous administration.
" When you go to Zamtel, don’t look at Zambians only. These Libyans are the ones who corrupted Zambians. So don’t go for Zambians you must also go for the Libyans. They are the ones who had dirty money and dirty hands. Sort them out," demanded Mr Sata.
The President said late Republican president Levy Mwanawasa had launched a clean fight against corruption but the people who inherited the institutions that were set up abandoned the fight.
"There was once a President of the Republic of Zambia and this President trusted human beings. One of those human beings he trusted was the Attorney General whom he also made Minister of Justice. And then he went to pick somebody from a farm in Chipata. He also trusted him.
"They bashed all of you people in the Task Force and you were like orphans. Today we have the most deadly legal team, the Attorney General, Solicitor General (Musa Mwenye) and yourself. We will expect you to assist the judiciary," the President said.
The swearing-in ceremony was also attended by Vice-President, Guy Scott, Chief Justice, Ernest Sakala, Justice Minister, Sebastian Zulu, Home Affairs Minister, Kennedy Saken, Defence Minister, Geoffrey Mwamba and Mr Malila.
And former Finance minister Situmbeko Musokotwane has advised against repossessing 75 per cent shares in Zamtel, saying the move would have a huge impact on the future of the country’s economy.
Speaking at a briefing in Lusaka yesterday, Dr Musokotwane said the reversal of Zamtel would cost the country between US$400 million to $1 billion as compensation to Lap Green Networks.
"Given the price Lapgreen paid for the company, the extra investment they have made since then and the positive turn around in the business, the compensation demand could be anywhere between $400million to $1billion," he said.
Labels: KAGEM, MICHAEL SATA, MUTEMBO NCHITO, PRIVATISATION
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Given Lubinda transferred to Ministry of Foreign Affairs, Mutembo Nchito sworn in as DPP
TIME PUBLISHED - Thursday, January 12, 2012, 1:40 pm
President Michael Sata has announced changes to his cabinet in a mini Cabinet reshuffle. President Sata has transferred Given Lubinda to the ministry of Foreign Affairs, while Chishimba Kambwili has been taken to the ministry of Labour, Youth and Sports.
Fackson Shamenda is the new minister in the ministry of information, broadcasting and tourism. Mr Sata said the changes are aimed at improving the efficiency of government.
The changes are the first the President has made at Cabinet level since ascending to the high office following his election victory in the 20th September, 2011 elections.
Meanwhile President Sata has directed Director of Public Prosecutions Mutembo Nchito to extend investigations into the sale of Zamtel, to LAP Green.
President Sata says there is need for the office of the DPP to improve on how they prepare the cases to allow the courts do a good job.
The head of state has also called for thorough investigations of other cases involving the privatization of Roan and Kagem mines, Lima bank and Livingstone Intercontinental.Â
The president says the Director of Prosecution and his team to take to court corruption cases that have been well investigated and prepared to allow the law takes it course.
President Sata was speaking in Lusaka today during the swearing in ceremony of Mutembo Nchito as Director of Public Prosecution.
And President Sata has observed that late President Levy Mwanawasa was betrayed when died by the people he trusted in his will to fight corruption.
President Sata adds that the Late Dr. Mwanawasa was committed and worked diligently to fight corruption but that his good will was abandoned by the Rupiah Banda led government.
The president has since urged the new legal team to ensure that corruption is fought saying the PF government should ensure that it leave the government system better than it found it.
And Director of Public Prosecution Mutembo Nchito has vowed to ensure that the rule of law prevails in the country’s legal system.
Mr. Nchito told journalists that it is important for the law to be applied in a fair and just manner irrespective of one’s status in society.
The DPP has also indicated that he will soon start reviewing all the alleged corruption cases involving former leaders.
Mr. Nchito notes that there is therefore need for the people being investigated to be patient and allow the law enforcement agencies to thoroughly investigate the cases.
QFM
Labels: CHISHIMBA KAMBWILI, FACKSON SHAMENDA, GIVEN LUBINDA, LAP GREEN, MICHAEL SATA, MINISTRY OF FOREIGN AFFAIRS, MINISTRY OF LABOUR AND SOCIAL SECURITY, MUTEMBO NCHITO, ZAMTEL
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Sata wants action against plunder
By Chibaula Silwamba and Speedwel Mupuchi
Fri 30 Dec. 2011, 14:00 CAT
PRESIDENT Michael Sata says Director of Public Prosecutions (DPP) Mutembo Nchito, Attorney General Mumba Malila and Solicitor General Musa Mwenye are a "deadly and formidable team" to fight corruption and dispense justice.
And President Sata urged new Governor of the Bank of Zambia Dr Michael Gondwe, to work at strengthening the Kwacha.
Speaking at State House in Lusaka yesterday when he swore in former Law Association of Zambia president Mwenye as new Solicitor General, President Sata said there was a lot of money buried by former leaders in the previous regime.
"Mr Mwenye, congratulations. You are one of very few people who would abandon a position of president of the Law Association of Zambia, to come and join the public service. I would like you to hunt for your friend, Mutembo Nchito so that he can take oath and you start functioning. This is the first time we have a deadly and formidable team, Attorney General (Malila), Solicitor General (Mwenye) and DPP (Mutembo)," President Sata said.
"So, please look for Mutembo Nchito. We have to come to work because if they are burying money underground and there is plenty of money and vehicles…the plunder in the last three years was worse, it deprived a lot of people of what they are supposed to do. So I want you to move and assist Zambians."
He urged the trio to ensure that they revamp the legal aid system.
President Sata, who spent over one month in jail on a non-bailable charge of theft of motor vehicle that was later dropped during the late Levy Mwanawasa's administration, said many prisoners had no legal representation.
"I was in prison for 40 days and the majority of people in prison are poor people. Poor people have no representation. Let us revamp the legal aid system and let us also create a new office of district attorney so that people can be properly prosecuted," President Sata said.
"The Legal Aid, look at the conditions of service and come to us. The 40 days I stayed in prison, poor people don't even know what legal representation is. I stayed 40 days because I had a very effective legal representation; I even managed to get bail on a matter which they said there is no bail. My lawyers went around and got a constitutional bail."
President Sata also swore Dr Mwaba Patricia Kasese-Bota to be Zambia's permanent representative to the United Nations in New York, former UPND vice-president Francis Simenda (ambassador to Ethiopia and African Union, Wendy Sinkala (High Commissioner to Namibia), Lt Col Bizwayo Nkunika (who has been transferred from South Africa to the United Kingdom in the same capacity as High Commissioner), Muyeba Shichapwa Chikonde (High Commissioner to South Africa), Mwelwa Chibesakunda (ambassador to Japan), former deputy secretary to the Cabinet Robert Mataka (High Commissioner to Botswana) and Frederick Hapunda (ambassador to Russia).
President Sata urged the eight diplomats to market Zambia and bring business to the country.
"It has taken so long for us to get agreements with the countries where you are going to because some of your relatives whom we appointed in foreign service like Nevers Mumba recently-recalled High Commissioner to Canada, they left stinking names at those missions and you find that those countries are taking so long to try and clear you, making the Ministry of Foreign Affairs look like they are not efficient," President Sata said.
"Go there and see how many Zambians are in that place you will be operating from. Go and build the name of Zambia. Go and bring business to Zambia, don't go and bring business in your pockets."
In apparent reference to Mumba, President Sata wondered how a former envoy could be living in an expensive and luxurious hotel on return.
"Can you imagine a former high commissioner staying in Intercontinental Hotel from his own pocket?" President Sata said.
"Some of you have been there before. We need to work extremely hard; we need to bring back the glory which we have lost. Zambia provided leadership in the past but we are not doing it anymore because of selfishness."
President Sata said he was not looking at one's tribes when appointing people to decision-making positions like diplomats but an individual's contribution to the nation.
President Sata told Dr Gondwe, after he was sworn in, to work with finance minister Alexander Chikwanda and others to ensure that Zambians benefit from all exports.
"Why should we export our goods and not knowing how much they are worth? People get our emeralds in pockets and go and fetch millions of millions of dollars in India. Work with the minister of finance and bring back the statutory instrument that any cent which is exported from Zambia, the Zambian people must benefit from what is coming from their own soil," President Sata said.
"God was not silly by giving us all the precious stones. If God was silly He could have given the Japanese precious stones but He gave to us. So, we must benefit. We know you are a very hard working person. Let us work as a team and bring back the economy. At the moment, aren't we ashamed as Zambians that our currency is (one of) the weakest in the world? Go there and strengthen it."
At the same ceremony, President Sata swore in permanent secretaries Charles Kapembwa Sipanje (Muchinga Province) and Hlobotha Nkunika (Eastern Province).
"You are not going as kings but as servants of the people. Go and serve the people and you must be loyal to your ministers. I have seen in certain provinces where permanent secretaries are more superior than the ministers," President Sata said.
The President announced that he had two more districts - Vubwi, previously part of Chadiza District in Eastern Province and Lunga, previously part of Samfya district in Luapula Province.
He said the creation of the new districts was meant to ease the administration of the regions.
This brings the number of districts to about 75.
"When people have no representation, they even come with all sorts of things like self-determination or autonomy and when you ask them, ‘how are you going to manage your autonomy?' they start laughing," said President Sata.
And Kasese-Bota, a medical doctor and gender activist, commended President Sata for appointing more women into key decision-making positions.
"I feel very excited that I am a second woman after Gwendoline Konie to be Zambia's permanent representative to the UN," said Dr Kasese-Bota. "I am happy that the President is very gender sensitive. This is a plus in terms of gender equity."
Foreign affairs minister Chishimba Kambwili said the appointment of people from various backgrounds and tribes into diplomatic posts had vindicated the PF and President Sata that it would not appoint cadres into such positions.
"We told you that we are going to appoint people who have requisite qualifications into the diplomatic service. I want to challenge all of you in the media to point at any of those people appointed as ambassador or high commissioner, who is a political cadre," Kambwili said.
"Some people have accused us that we are only appointing cadres and people of Bemba inclination but you can see from the balancing of the high commissioners and ambassadors that we mean well and we shall continue to do that and we want to create a career diplomacy that will bring economic development to Zambia and not to appoint cadres without qualifications."
Labels: CORRUPTION, EMERALDS, MICHAEL SATA, MUMBA MALILA, MUSA MWENYE, MUTEMBO NCHITO
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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
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Kunda should be ashamed of himself, says Chongwe
By Ernest Chanda and Roy Habalu
Fri 23 Dec. 2011, 13:58 CAT
DR Rodger Chongwe says George Kunda should be ashamed of himself for questioning Mutembo Nchito's integrity. And Sylvia Masebo says Kunda is scared of being arrested hence his opposing the appointment of Nchito.
Kunda on Tuesday led the opposition assault on the motion to ratify Nchito's appointment as Director of Public Prosecution (DPP) when it came up in Parliament. Despite Kunda and his allies' opposition, Nchito was ratified after they lost by 50 to 86 vote result.
Dr Chongwe questioned Kunda's sudden change of heart after he recommended Mutembo and his elder brother Nchima to join the Task Force on Corruption during the late president Levy Mwanawasa's reign.
"I don't agree with the opinion of the former vice-president. The former vice-president should actually be ashamed of himself. He was responsible for actually appointing the Nchito brothers as prosecutors at the Task Force because of their integrity. And what has changed now? Is it because he is in opposition?" asked Dr Chongwe in an interview yesterday.
"Lawyers should be gentlemen and ladies for all seasons, and not only when it suits them. I disagree with him intensely. I think he Mutembo deserves this job. If one has been appointed Director of Public Prosecutions, I think first it's good for the country and then it's good for the legal profession of Zambia; and it's good for the Zambians themselves. We may have different views but my view is that this is one of the best appointments. I know that he will discharge his duties diligently and honestly as he has done before. I'm very happy that he has been appointed."
Some UPND and MMD members of parliament led by Kunda rejected Nchito's appointment over allegations that he had not been cleared of criminal investigations.
And Masebo said those opposed to Nchito's appointment were trying to protect personal interests.
"Those opposing are worried of what would happen to them because of what they did that's why they are speaking like that. I can say a lot of things in this house (its) just that I am holding myself to protect my colleagues," said Masebo.
In an apparent reference to Kunda, Masebo said Nchito was fearless and stood for the truth unlike Kunda who changed on corruption cases after the death of Levy Mwanawasa.
"You can't compare me to half the group (MMD parliamentarians) on the other side. I don't change goal posts like them," she said.
She said urged members of parliament not to be misled by falsehoods in small newspapers.
"You want us to be swayed by such people (who were convicted), is that fair Mr George Kunda? It's not fair to destroy people's character because you've a personal agenda. It's sad that those who are in Parliament and supported him (Nchito) can be the same people to say what they are saying without shame," said Masebo.
Debating the appointment of Nchito as DPP and Musa Mwenye as Solicitor-General, Kunda said the public had a negative perception on Nchito and that they would lose confidence in him.
"He (Nchito) is perceived negatively because of the various allegations which are in the public domain. Accordingly, I submit that Mr Mutembo Nchito is not suitable for appointment as DPP. The report of the committee should therefore be rejected, meaning that we shall vote NO on this side of the house," said Kunda.
But Masebo said Nchito was the best choice for the position because he sacrificed his life for Zambia when people couldn't open their mouths.
"Mutembo is very experienced and has integrity and served the country free of charge. He's a disciplined and principled young man," she said.
Labels: GEORGE KUNDA, MUTEMBO NCHITO, ROGER CHONGWE
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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
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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
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M’membe tells Kayukwa off
By Ernest Chanda
Fri 19 Aug. 2011, 13:10 CAT
Post editor Fred M’membe yesterday told ACC director general Lt Col Godfrey Kayukwa off over UPG’s bribery and corruption investigations. And Kayukwa yesterday confirmed that in fact ACC has been investigating UPG’s corruption allegations, contrary to his earlier press statement that the ACC were not investigating any matter concerning UPG.
In a meeting at the Anti Corruption Commission (ACC) headquarters in Lusaka that followed a call Kayukwa had made to The Post and Kabwata PF parliamentary candidate Given Lubinda, asking them to report to him at 16:00 hours over the Universal Print Group (UPG) corruption stories and editorial comments, M’membe told Kayukwa that he was not fit to lead ACC and that he was aiding criminals.
This was after Kayukwa requested M’membe and Lubinda to provide him with any evidence linking UPG to bribery, corruption and money laundering.
M’membe told Kayukwa that although he had the information, he could not give it to him because he already had the information although initially he had lied to the public that ACC was not investigating UPG, a South African company engaged by the Electoral Commission of Zambia (ECZ) to print ballot papers for next month’s general elections.
Kayukwa then asked The Post lawyer Mutembo Nchito to confirm whether or not his clients would give him the information they had on UPG.
In response, M’membe said: “Not to you. If somebody else tomorrow takes your place, we will deal with that person. You have lost our trust. You have lost credibility and we don’t believe that you should be here. We sincerely don’t believe that you should be here, Sir. In our view, you are not fit to head this organisation; you are aiding criminals.”
The meeting which started about 16:10 hours and ended at 17:05 hours was attended by Kayukwa, ACC director of investigations Edwin Sakala, chief investigations officer Zondwayo Soko, public relations manager Timothy Mono and corporate affairs officer Chomba.
And M’membe was accompanied by his lawyer Nchito, Post deputy editor-in-chief Sam Mujuda, managing editor Amos Malupenga, reporters Ernest Chanda and Cynthia Phiri. Lubinda was in the company of fellow PF leader Charles Banda. The meeting was also covered by Joy FM Radio reporter Kunda Kunda.
Below is the verbatim report of what transpired at the meeting:
Lt Col Kayukwa: I think before we get into anything now, I wish to say that we could still talk to you in the absence of all other people. But then all the rights are yours. You tell us what you would like to give. I wish to start with Mr. Lubinda.
M’membe (chips in): Colonel, I’m Fred M’membe. We’ve never met. I’m the man in charge of The Post. I am responsible for everything that is published in the newspaper.
I think before we get into anything, I want to put it on record that I’m very disappointed with your conduct. I was attending a workshop at the judiciary today to do with computerisation.
When I went for lunch at the office, I found a letter from yourself requesting us to come here at 16:00 hours. I had to abandon the programme. The notice was very short. I don’t think that’s the right way to call other people on matters that are so serious.
While I was still digesting that letter which you sent to us, we received a press release from yourself informing the press that you have called us.
I find this seriously lacking seriousness and it’s serious lack of respect for other people. If you want us to work with you and cooperate with you, this is not the way you do it.
If you wanted us to be paraded before the press to deal with this issue, you can do so and not disguise it. I think you are not interested in serious investigation of this issue. You are not the first organisation to invite us. Last week Friday, we were invited by justice Irene Mambilima at ECZ Electoral Commission of Zambia.
A team of four people including our legal counsel went there. Nobody knows that such a meeting took place. We were discussing this issue with them. All the commissioners were there. The entire top management of ECZ was there. We had a very fruitful off the record discussion, which we have not even published; nobody knows that we went to ECZ. But before we could even come here, you put a press release. What do you want to discuss with us?
Col Kayukwa: Have you finished?
M’membe: No, I haven’t finished. This behaviour is not befitting of such an important position at ACC; it’s not befitting! You know even the thing that you are calling us for, you know. You have more information on this issue. And don’t try to hoodwink the public, you know! You are behaving in an extremely reckless manner. And don’t involve us in wrong things.
We don’t do wrong things. If you have decided to cover up this issue, cover it up on your own. Don’t involve us. You are behaving in the most reckless way for a citizen of your position. You are leading a very important organisation in the country. And this is not the way to lead such an important organisation.
If you have called us here to come and tell you our sources, you could have done it better. Mr. Kayukwa, this is not the way to lead. Anyway, you are Colonel Kayukwa. I shouldn’t withdraw that from you, you earned that rank and it’s an important rank as well. Sorry to call you Mister. You are Colonel.
I don’t think this is the way to do it. All these things we have been publishing you know them. We sent you a press query…
Col Kayukwa: Excuse me…
M’membe: No, I’m not finished. We sent you a press query; first you were phoned yourself directly about this issue. You asked for a press query.
Col Kayukwa: Ok, Mr. M’membe. I’ve not asked you to… Can we now deal with issues here?
M’membe: I didn’t bring myself here, listen to me. And that’s the behaviour that I’m talking about, that’s not becoming of a leader. You should listen.
Col Kayukwa: I know we called you, but I had asked Mr. Lubinda…
M’membe: We sent you a press query. If you don’t want me to help you, tell me I can go. I didn’t come here on my own, listen. You called me to come and listen to me, I’m talking.
Col Kayukwa: I had asked Mr. Lubinda to talk.
M’membe: I’m talking, you called me, I didn’t come here on my own, you sent me a letter. If you don’t want me, I can go.
Col Kayukwa: You are missing the point. I said ‘can I start with Mr Lubinda?’
M’membe: I’m telling you, I’ve come here because you invited me.
Col Kayukwa: Are you not the one who cut in when I was speaking?
M’membe: I’ve the right to speak as well.
Col Kayukwa: I would like to speak with Mr. Lubinda.
M’membe: No, I haven’t finished, just listen.
Col Kayukwa: Did I finish when I was speaking?
M’membe: Listen, I’m talking, you called me here. You were followed about this story…
Col Kayukwa: It’s not that I’ve… just listen to me.
M’membe: Just listen!
Col Kayukwa: Why don’t you want to listen to me?
M’membe: If you don’t want me I can go. M’membe stands up.
Col Kayukwa: It’s up to you…
M’membe: Don’t waste our time here. You called us on an issue which you know.
Col Kayukwa: Mr. M’membe, we haven’t even discussed the issue…
M’membe: No, you called us. No we shouldn’t waste each other’s time. If people want to cover up, they should just cover up other than trying to involve other people on issues that you know. We’ve never involved ourselves in criminal activities.
Nchito: I think I kept quiet because I was not invited to speak.
Lt Col Kayukwa: That’s why I asked, do they want to be with counsel or what? You know I was setting the stage for the next point and I started with Mr. Lubinda here so that he can say what he wants to do so that we can proceed.
Nchito: Maybe let me give a preamble on my dealing with some of those issues. I am in an uncomfortable position in that I am in my other home. I spent a lot of time amongst my ACC colleagues. I worked with them. If I thought that these people The Post and Lubinda were suspects, it would be slightly difficult to come just now.
I thought you were calling them for a discussion, which is why I am here. And I am hoping that I can facilitate that process. I think that’s why Honourable Lubinda and The Post are probably here. It’s usually easier when you are dealing with somebody that you know, even if you are angry it is easier to deal with issues. So, I think that if we set that background, we might be able to assist each other and move on…
So, in answer to your question, I’m here as counsel, not because they are suspects, but because they wanted me to be here.
Lubinda: I wish to respond to the question that you raised Colonel. Yes, you invited me here in my personal and private capacity. But when I got news that actually this meeting is open to the press, I realised it’s open for the public.
And because we are dealing with this issue in this manner, and giving it the seriousness I thought that we are giving it, I decided that I will not come alone, I’ll come with others. And that’s how come I asked counsel Mutembo if he could come with me. And that’s how I also invited a colleague of mine at the far end of the table Charles Banda to join me.
And coincidentally, you also invited The Post to come at exactly the same time, 16:00 hours. And there is no beating about the bush, it is me who has been issuing those statements through The Post. And actually when I was invited, I also called them and said ‘look I’ve been invited’. And by the way, Mr. M’membe says he got the invitation when he came home office for lunch. I got the invitation an hour before the time that’s scheduled for this meeting.
And I had to ask counsel, ‘what am I going to say?’ They haven’t even given me time to go and dress up like them. I’m going now like a soldier. And he said to me ‘let’s go, I’ll come with you’. So to answer your question you were expecting me to come alone. I couldn’t come alone on the basis that, number one, this meeting is open to the press, it’s open to the public.
I would like that whatever I say is not only reserved to you but is also captured by others; the press and also my colleague at the end there. It’s very nice that you invited both myself and the newspaper that has been the courier of my message; that has been kind enough to publish what I’ve said.
The others haven’t been able to write what I’ve been saying. But The Post has been willing to do that, and I thought that you shouldn’t ask me questions in their absence. So, it was good that you actually invited both of us at the same time. That’s the reason for this big group.
Kayukwa: Okay. So, I think it’s not the first time I’m in a situation like this because when a person who is not an accused wants counsel to be there it’s okay; it’s your right. Now, Mr M’membe? Because I’ll tell you that the issue was that you Lubinda were going to discuss with him, Eddie Sakala, ACC chief investigator here. And Mr M’membe was going to discuss with Mr Soko there. So what is your choice?
M’membe: I would like to discuss with you Kayukwa in front of everybody. If you say I have a choice, since you say I have I’ve a choice…
Kayukwa: I’ve said the choices here… I’ve assigned two officers here to attend to the matter. So what is your choice?
M’membe: I don’t have much to tell them. Whoever, you can bring one, you can bring half, you can bring 10, 20, I will tell them that you know. You yourself Colonel Kayukwa you know the truth about this issue of UPG. You know the truth and you want to lie to the whole country that you don’t know; you know the truth. You are the one they should be interviewing. It’s you they should interview, not me.
Kayukwa: Ee, I called for… like what I’ve explained because our colleagues have said they have got other information and all we want is to be assisted with that information. But since you have chosen that you like to have everybody here, maybe…
M’membe: Because whoever you are giving me to talk to me, I’m telling you, whoever among yourselves, your leader here knows the truth about this UPG thing. He’s sitting on it for reasons best known to him. And this behaviour I find very irresponsible. He knows more than I know. So, interview him, he will tell you and then you can inform the people.
Kayukwa: Mr Lubinda we proceed like that? Because from what I hear, he can talk to whoever I’ve appointed. That’s what I’ve understood. And he would like everybody here to be around.
M’membe: Including yourself because I want to tell them that you yourself you know the truth about this UPG thing. And you are sitting on it, trying to deceive people that you don’t know.
Kayukwa: Mr. Nchito, we proceed?
Nchito: Really, this is your..
Kayukwa: Yes, I know, but what I’m saying is that those are the choices and…
M’membe: You’ll just plunge this country into chaos.
Kayukwa: We proceed.
M’membe: Start with me.
Kayukwa: I said we start with Mr Lubinda. Do we just…
M’membe: Mr Lubinda.
Lubinda: They said they have two options, that Mr M’membe on behalf of The Post is interviewed by one, and that I am interviewed by the other. My position is that I have been quoted in The Post.
And if there are going to be any questions, those questions shall be raised to me and the couriers of my information. I see no reason whatsoever justifying the separation of the two. So I would like that if you are going to interview us, you will interview me and the ones who have been publishing what I’ve been saying.
And if everybody from your side will be here, that makes it better.
Nchito: I think we’ve discussed a little bit of what the sentiments are. Maybe it would be helpful to hear from your side. You called these people. Maybe you just give a preamble of what your expectations are, and then it will be much easier to move from that basis. I don’t know if that becomes okay, then it’s easier for one to advise.
Kayukwa: Like what I said, there are no suspects. The interview of a witness you are aware of the procedure. It is a straightforward procedure.
There is no preamble. They will be asked questions and things like that.
Nchito: No, I think the problem, sir, that we have, and please understand me as I am speaking only the mind of your witnesses, or your potential witnesses. They are saying to you that they believe, this is what I’m hearing and those are my instructions to an extent.
They believe that you know about this matter and you are covering up the corruption of UPG. So they are saying ‘what is it that you really want from us? Because the information that you already have you are covering up’. So I think that in all the heat, maybe we can try and get some light. That is the point that I’m making.
M’membe: Mr Nchito, if I may cut in you. I will ask Colonel Kayukwa to look me in the eyes and tell me the truth that he doesn’t know anything about UPG. Look me in the eyes.
Lt Col Kayukwa: There’s a procedure we are following here. I think I’m doing the interview, I wished you had invited me to come. Eddie, can we start? I think, like you said, we shouldn’t waste each other’s time. So, maybe can you please Eddie as we said you can discuss Lt Col tries to leave the conference room.
M’membe: No, I would like you to be here. I don’t want to talk about you behind your back. I want you to be here so that I don’t give your officers a burden to tell you something negative about yourself. I want you to be here, I don’t want to give these officers… They are your juniors. I don’t want to give them a burden. I want to say things in front of you because I sincerely believe you are covering up. And these things will catch up with you one day. These things will catch up with you.
Lt Col Kayukwa: Eddie?
Eddie Sakala: I think the issue is the one which is in the press, and I think it has been mentioned. The issue is, there’s an inquiry here, I think that was confirmed by the statement that we issued. But of course from some of the things which you have been carrying out, you get a suggestion that there has been new information.
So following that is there any other information that you have which you can give us who are investigating the matter? Is there any other information which you may have or share with us on the case at hand?
Nchito: Can I just consult?
Kayukwa: This is like negotiation. We can give you a place where you can…
Nchito: Mr Sakala, me I like being there (points to the next room) Lt Col Kayukwa: You know the place for reasons known to yourself.
M’membe’s team leaves the conference room to consult among themselves.
Discussion later resumes.
Nchito: Thank you very much DG director general for giving us the opportunity to visit with you, and also to consult over preliminary points that have been raised. Both clients in that sense have asked me to respond to the issue that you have raised before. I also think that it is better so that we can keep emotions in check and just deal with the issue on the table.
Both parties would like to further raise their concern that it appears that the Commission is not telling the public the truth because according to them you now say there’s an inquiry. It is an investigation around the issues that they have been raising and yet you told the public that there is nothing.
That in itself raises serious concerns for our clients. That’s what Mr M’membe is saying, and I think the same position is shared by Honourable Lubinda, is that the Commission knows that this company is engaged in acts of corruption, bribery and by those acts in money laundering.
And it is wrong for the Commission to conceal that fact in the manner that you did in your statement by stating that there’s no investigation concerning ECZ or any supplier to ECZ. I think that is really the bone of contention, and it is not for us or rather for the clients to start supplying you with the evidence because they firmly believe that you know this fact.
And maybe we can discuss around that issue, if there’s any need for discussion. The reason that becomes a serious issue is that, and I think Honourable Lubinda has written to you and written to the Commission indicating that the character of the company printing ballots is an important issue which has ramifications for the peace and stability of our country after the election.
Now, given that the Anti Corruption Commission has not been entirely honest on this issue. I think a serious problem has been created and I don’t know how you are going to sort it out. And I don’t know if my clients can help you to resolve that issue.
Kayukwa: You still want to consult?
M’membe: Yes.
Kayukwa: Would you like to go to that place?
M’membe: No, no, no it’s a short consultation.
M’membe and Nchito confer for a short while.
Nchito: I think that I was going round in circles trying a bit to be diplomatic. but my client insists that I must put it the way it is. I think what they are saying is, they don’t believe that the Commission is honest.
And it serves no purpose to deal with a dishonest Commission; you have been dishonest on this fact. And you could not and should not have said that. In your opinion, UPG is clean but my clients are saying they are not.
Kayukwa: Mr Nchito, as you said, maybe there is need to discuss and all that. I think the letters are quite clear, the issues that we would like your clients to help us with are quite clear. It is quite clear that they seem to have more information. In my statement, I issued that statement. I never denied that there was nothing going on.
I did admit, we are investigating an employee. I think that is common. We don’t need to go over that. There is an employee at the ECZ, former employee who is being investigated. That is in the statement, unless you didn’t get it because initially Mr Lubinda here…
Nchito: Can we have a copy of the statement?
Kayukwa: It was through the press. In fact, I almost rang you to say, is this what you said? Because I know Mr Lubinda here has been to my office and when I read that later on when the other articles came up, I found that those words were attributed to you. My statement is very straightforward; we are not saying we are not doing anything now.
What I would like your clients, maybe to help us with, is if they have information they should help us. All those because what we said is that we have an allegation. Now for you to come here to say can you give us what you have, we are the investigation wing, we are investigating. And I would like to be helped by your clients.
So, the issue here really is, I’m saying Mr Lubinda those issues that you are talking about, can I have the evidence? This is why I arranged that maybe we could sit down; the two of you or three, whoever you want, you discuss those issues. Now to say they know that I know, we are not getting anywhere. What I would like to have…
Nchito: DG, maybe I think I also owe you a duty, as a professional junior as I might be, to tell you exactly what the statement is. And I requested the gentleman there to, I am sure it shouldn’t be difficult to get a copy of the statement that was issued from your office.
Kayukwa: Mr Nchito, what I am saying here is, certain things have been said. I am asking your clients to help. And I am asking them to help, where is the evidence for me to go further? But if they don’t have evidence because we seem to be saying I have the evidence. If they don’t have it, they should just say so.
Nchito: No, no, no, DG. I don’t think we are understanding each other. I would really be grateful because I think this matter is serious, you might give yourself an opportunity to correct. If people have misunderstood your statement, it might be better to .., you might get an opportunity to correct.
So what I wanted to do is to tell you that this is what your statement said. My clients are saying this is a lie. So that maybe we can address that; and you know how we deal with witnesses, you want to bring them to a level where they can trust you if the witness is saying ‘you Bwana are telling lies and I don’t trust you, I don’t think I should even be dealing with you’.
So we are trying to build that confidence, and I am simply saying for me the starting point is the statement. It’s not about a complaint. They sent you a query, when the statement was issued it wasn’t even sent to them. I don’t know whether you know the circulation list. It did not include them.
Kayukwa: Yes, what I’m saying here is that I am dealing with an investigation. Your clients seem to have information, that’s all I am asking for. So if they don’t have the information they should say they don’t have it.
M’membe: Mr Nchito maybe let me just chip in. The DG is repeating for the second time that if we don’t have information we should just say so. If we don’t have; he has repeated this twice. To me the purpose of calling us here is for the DG to prove that we actually don’t have that information so that the lie that ACC has told on UPG can be sustained. That’s what he wants us to say, and that’s why he is consistently repeating it.
Kayukwa: Mr Nchito let’s make progress.
M’membe: We are here to be used to clear UPG, not to investigate UPG, no.
Nchito: Can I say something that will help us to make progress? Is it possible to get the press statement?
Sam Mujuda: There is a request for the letter.
Nchito: The press statement, I’m just asking for it, can I have it? And I want to demonstrate from your statement what the problem is. Then from there you can reassure them, and then we move.
Kayukwa: So, who has gone to print it?
Nchito: I think the two gentlemen were waiting for a signal.
Kayukwa: A signal?
Nchito: They were looking at you to indicate.
Kayukwa: So maybe as we wait for them, okay the press statement came afterwards, isn’t it?
Nchito: Sir…
Kayukwa: I have understood you that maybe it could have misled people; for which I appreciate that because when we write and then maybe what you think is going there is misunderstood. I appreciate that point so that, let them bring it and then we can discuss.
Lubinda: Maybe they can also bring a copy of your statement advising me not to drug you into politics; that I dragged the Commission into my political issues.
Kayukwa: But I never issued a statement to that effect.
Lubinda: No, but it was in the press.
Kayukwa: But there are so many statements in the press. That’s why I even asked for written statements, even when my phone rings I answer it.
And this is why I think when you are saying let’s bring that, that’s why I said I appreciate that so that when issues come up and you ring me and I talk to you and you go and say something I can’t say I never spoke to Mr Lubinda.
Lubinda: But I’m trying to illustrate to you the reason why I take the stand that I do on this matter, that when I’m saying things about issues that I believe you know about, you have been quoted in the press as having said he Lubinda is just politicking. He just wants to drag the Anti-Corruption Commission into his politics. That puts me in a very awkward position.
Kayukwa: That one I can tell you that I never said it, here.
M’membe: But Mr Lubinda, this is the most political the ACC has ever been in its history. And probably the worst the ACC has ever been throughout its history, from its formation. These gentlemen have destroyed this organisation, such a wonderful undertaking by our people destroyed by greed, selfishness and mediocrity. This is an important institution. But this is the worst ACC has been. For 20 years, I’ve dealt with this organisation, I can say this is the worst I have ever seen ACC where the leadership of ACC has been politically compromised.
Kayukwa: But you are bringing politics here?
M’membe: There’s politics brought here.
Kayukwa: We don’t want to be bringing complaints over issues that are not for this institution.
M’membe: I have to be frank with you. I will tell you today and I’ll tell you after. And this will be shown that you have destroyed this institution. And history will record this, you won’t wipe out this. You have allowed politicians to control this institution and run it down. You have run this institution down; an important institution.
What we have said in our editorial comments, we can say it in your face. You have destroyed this important institution of our people by allowing yourself to be controlled by people who gave you the job. You have destroyed this ACC. It will take a long time to rebuild public confidence in this institution.
This is not the institution I’ve been dealing with for 20 years. You are a public officer, I will talk to you.
Kayukwa: Yes, that’s why I even answer my phone. Excuse me, I answer the phones.
M’membe: Go ahead and answer.
Lt Col Kayukwa goes out to answer the phone.
M’membe: Mr Eddie Sakala, some of us have dealt with this institution for 20 years, from 1991 to 2011, mwaononga you have destroyed the Commission. This is not what it was.
It had its weaknesses like all other institutions but this is the worst ACC has ever been. And this man of yours has destroyed this institution by taking instructions from politicians. You are no longer investigating crime in this country, no. You have destroyed our people’s credible institution. It’s gone, ACC is gone! It will take a lot of effort to build it. You people built it and you have allowed it to be destroyed by mediocrity. It’s not everybody who has destroyed this organisation, it’s this man Kayukwa. You have allowed him to destroy it.
This UPG thing, he knows it. It’s in his office, he knows it. You know it has taken a long time to build this organisation but it doesn’t take long, seconds to destroy it. You will not retire out of this place with pride which you deserve. I worked with you Mr Sakala, we have done a lot of things together here as a citizen; and I was proud of this organisation. You remember I came to report to you about justice Matthew Ngulube’s corruption?
I came to report to you personally. The man had to resign, there was no malice, Ngulube was my friend. I used to go to Ngulube’s house. That was the ACC I knew, and that’s the ACC I worked with; the ACC I reported on and about. Not today’s ACC of Colonel Kayukwa, no. He has destroyed this organisation. That’s why I want him to be here.
I don’t want to speak behind his back, he has destroyed it, where you want to protect criminals instead of fighting crime.
UPG are criminals. You are now trying to find a way to launder them. And you want us to come here to tell you our sources? It won’t happen. Even if God came here, I would say ‘God take my head off’. It won’t happen! I’ve been in this job for 20 years. I was a young boy, you didn’t have grey hair, when we started working together you didn’t have grey hair.
Today you have grey hair and me I have grey hair. Ncito yatisiliza. Yaa, I’m not a small boy ba Sakala. I’m 20 years older than when I started this job. I’m not excited about these things, we have done bigger things. We made a lot of mistakes, learning. Today we have more experience. We can’t do things like kids to see the work we have done for 20 years just destroyed.
Institutions were built, we contributed to the building of the credibility of ACC. It pains me. I’m sorry to say this. I will say it, even if you put me on top of this building. I will say what I’m saying because I contributed to the building of ACC. Over the last 20 years my work has been dedicated to building the anti-corruption fight.
I’ve contributed to building the image of the ACC. To see it destroyed like that by selfishness, it pains me. The same way with DEC Drug Enforcement Commission; these two organisations have gone. Nobody respects these organisations anymore.
If anybody tells you that you have got credibility in the eyes of the people, they are cheating you. You are gone. Even us, we don’t count you as a partner now in fighting corruption. We are not. And what you don’t know is that you have destroyed a lot of other institutions in the process.
Lt Col Kayukwa comes back with his statement and gives a copy to Nchito.
Nchito: Colonel, I think that where the problem has arisen is the first sentence in the second paragraph. ‘The ACC wishes to state that there is no investigation concerning ECZ or any of its suppliers’.
My clients are saying that this statement was made in the context of a categorical statement having been made that UPG, to your knowledge, has been engaged in corruption, bribery and by those acts of money laundering. And you issued a statement where you are saying ‘there’s no supplier of ECZ who is connected’. In fact, to use your words, ‘there’s no investigation concerning the ECZ or any of its suppliers’.
And the implication of that statement is that you don’t know any of the issues that Mr Lubinda has been raising in relation to UPG. And what my clients are saying is that, Colonel, that is not true because you know. I think that’s what Mr M’membe has been saying.
And their concern is that you as ACC should be interested that an organisation that has been connected to criminal enterprise should not be allowed to be involved in an important exercise such as printing ballot papers because the necessary implication is that what else are they doing?
So by putting that information into the public, the ECZ will claim, they will hide behind your back now and say, ‘but the director general of ACC told us there’s nothing like that’. Mr. Lubinda has gone so far as to give you a bank account and challenged you to say ‘please confirm that you have not investigated this account in relation to UPG. Mr Lubinda has, I think, been waiting for the response. There has been no response.
Lubinda: The response in the press has been that I am being political and I am dragging the ACC into my politics.
Nchito: So, I think that is where you have that crisis of confidence, so that even if somebody had information, how would they give it to you? And also the other problem that you have caused is that when you call people to come and give evidence, obviously they have been speaking in public. But if you are carrying out serious investigations, the whole world needs not know that you are now carrying out, or that you have called these people to come and give you the information. Assuming it’s a serious investigation, and my clients feel that this is an exercise meant to further launder UPG. They believe that the ACC is being used to launder criminals. That’s the problem that you have.
Kayukwa: So are they saying that they will not give information or they have no information? Which is which?
Nchito: They have information, they are concerned that you have lied, Sir, and you’ve lost the trust of the people.
Kayukwa: So they will not give it to me?
Nchito: They will not.
Kayukwa: But to somebody else?
M’membe: Not to you. If somebody else tomorrow takes your place, we will deal with that person. You have lost our trust. You have lost credibility and we don’t believe that you should be here. We sincerely don’t believe that you should be here, Sir. In our view, you are not fit to head this organisation; you are aiding criminals.
Nchito: The other complaint which I think is also born out by…
Kayukwa: I think you mentioned that, I took note and I also looked at that, that it wasn’t distributed. I think you made that point. Is there anything else you wish to say? Anything? Mr Nchito?
Nchito: No.
Kayukwa: Thank you very much. May I have my press statement back!
Labels: ACC, CORRUPTION, FRED M'MEMBE, GIVEN LUBINDA, GODFREY KAYUKWA, MUTEMBO NCHITO, THE POST
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