Nchito wrote to me over Mahtani case – Malila
SUPREME Court Judge Mumba Malila has told the Constitutionl Court that former Director of Public Prosecution Mutembo Nchito wrote to him over a case involving Rajan Mahtani saying it bordered on public policy. Judge Malila said at the time that Mr Nchito wrote to him, he was the country’s Attorney General. Judge Malila has confirmed to the Constitutional Court in a witness statement that at the time he was Attorney General he instructed former Director of Public Prosecution (DPP), Mutembo Nchito to enter a Nolle Prosequi in the matter of The People vs Rajan Mahtani. “I can confirm my testimony that at the time of the nolle prosequi, I was attorney General of the Republic of Zambia for the second time and Mr Nchito was the Director of Public Prosecution. “Mr Nchito had referred the matter involving The People Vs Rajan Mahtani and Mr John Sangwa and sought guidance on how to proceed because he could not deal with it himself and it raised an issue involving public policy, “In response to the reference, I gave my opinion which by law was then operated as a directive for Mr Nchito to enter a nolle prosequi the matter,” Justice Malila said. Justice Malila narrated that he was surprised when Mr Nchito was arrested as a result of the nolle prosequi entered in the matter based on the directive. In this matter Mr Nchito is challenging his removal from the office of DPP arguing that it was illegal and should therefore, be declared null and void. In February 2015, police arrested Mr Nchito for alleged abuse of office, prompting President Lungu to appoint a tribunal that later recommended his removal from office. Among the charges, Mr Nchito was accused of allegedly disrespecting judicial proceedings and taking over prosecutions of court cases in which he had vested interest. But according to a witness statement filed by Mr Nchito, Justice Malila yesterday narrated his involvement in the matter. He said he was never consulted or questioned on the matter by any investigative wing before Mr Nchito was arrested and taken to Chongwe police. Justice Malila said that although the Tribunal Terms of Reference included the Nolle Prosequi allegation, no one consulted him on the matter before the tribunal was constituted.