Pretoria, (Wednesday, 11th March 2015) — Following the establishment of the Tribunal to investigate the allegations of impropriety and misconduct of the Director of Public Prosecution, Mr. Mutembo Nchito, His Excellency Mr. Edgar Chagwa Lungu, President of the Republic of Zambia, has set eight Terms of Reference to help establish facts and proposed recommendations, besides the scope of investigating the said alleged acts of misconduct and acts of impropriety.
Below are the Terms of Reference set for the Tribunal:
TERMS OF REFERENCE FOR THE TRIBUNAL TO INVESTIGATE THE DIRECTOR OF PUBLIC PROSECUTIONS, MR MUTEMBO NCHITO, SC.
Investigate allegations that the Director Public Prosecution (DPP) has repeatedly abused the authority of his office by indiscriminately entering nolle prosequi in cases in which he is alleged to have an interest of his own to serve, namely:
The People vs. Shubert Sinkala, where the DPP had not even seen the evidence from the Complainant;
The People vs Hakainde Hichilema, despite knowing that the Attorney General had advised the DPP that the State had appealed against the judgment of the High Court that declared Section 67 of the Penal Code unconstitutional;
The People v. Lameck Phiri;
The People V. Rajan Mahtani and John Peter Sangwa;
Investigate alleged misconduct or misbehavior of the DPP whereby on 20th February, 2015 the DPP purportedly took over prosecution of a matter before Senior Resident Magistrate, Lameck Mwale where the DPP was personally an accused person and proceeded to enter a nolle prosequi in his own case thereby defeating the ends of justice;
Investigate the DPP’s alleged uttering of a false document procured by means of false and fraudulent representation to Mr. Justice Gregory Phiri, Judge of the Supreme Court, under Cause Number 1998/HP/2097 whereby he inserted and sneaked in two extraneous paragraphs in an order of court thereby misleading the Court;
Investigate the DPP’s ac t of intentional disrespect to judicial proceedings and to Mr. Justice Nigel Kalonde Mutuna, Judge of the High Court, in particular, between 1st January, 2011 and 31st December, 2012 by walking away from the Court;
Investigate the allegation that the DPP has taken over matters in which he has a conflict of interest relating to his business partners (Fred M’membe and the Post Newspaper Limited) Rajan Mahtani (Creditor) thereby going against his statement made before the Parliamentary Select Committee of the National Assembly of Zambia chaired by Honourable Lucky Mulusa that he would not take over such matters;
Investigate allegations that the DPP connived with and instigated officers from the Drug Enforcement Commission (DEC) to plant illicit drugs on Mr. Brebner Changala and Mrs. Agness Kawandami whereby the DEC swapped vermox tablets also call Mebendazole used for de-worming human beings that were found in Mrs. Agness Kawandami’s belongings at Mr. Changala’s residence with what was said to be Metamphetamine or Ecstacy;
Investigate the alleged misbehavior of the DPP whereby on or about 8th May, 2013, he purportedly took over the prosecution of his known business allies Mr. Fred Mmembe and the Post Newspaper Limited without declaring conflict of interest in a matter where a complaint was laid by a private citizen against the duo for contempt of court;
Recommend to the President whether the DPP ought to be removed from office for above allegation
Amos Chanda
Special Assistant to the President
Press and Public Relations