I‘ve no conflicting interest - Nchito

FORMER Director of Public Prosecutions (DPP) Mutembo Nchito says he is no longer representing Barclays Bank in its case against Konkola Copper Mines (KCM under liquidation) and therefore does not have conflicting interest in the winding up petition of the mining firm.

He was responding to KCM’s provisional liquidator Milingo Lungu who objected his appointment as lawyer for KCM directors claiming that he had conflicting interest in the case.

In this matter ZCCM-IH placed KCM under liquidation after which the Lusaka High Court appointed Mr Lungu as the provisional liquidator of the mining firm.

Vedanta Resources last week appointed Messrs Nchito and Nchito, a firm in which Mr Nchito is a partner to represent it in its legal battles with the Zambian government to take charge of KCM.

Mr Lungu, however, objected the appointment of Messrs Nchito and Nchito from acting on behalf of KCM stating that it had conflicted interest in the winding up case claiming that Messrs Nchito and Nchito was representing Barclay’s Bank PLC against KCM under cause number 2019/HPC/0069.

He raised preliminary issues stating that Messrs Nchito and Nchito was conflicted and thereby precluded from acting as advocates for KCM in the liquidation case.

But Mr Nchito in his affidavit in opposition to Mr Lungu’s preliminary issues stated that he was no longer acting on behalf of Barclays Bank under cause no. 2019/ HPC/0069.

“In response to Mr Lungu’s affidavit in support of notice of motion to raise preliminary issues I confirm that Messrs Nchito and Nchito advocates no longer act for Barclays Bank PLC under cause no. 2019/ HPC/0069,”Mr Nchito said.

He however claimed that Mr Lungu’s law firm was acting against the mining firm in another matter before court. Mr Nchito said as an officer of the court, he was obliged to bring to the attention of the court Mr Lungu’s law firm currently acts for a plaintiff namely Betty Kangote alongside State counsel Bonaventure Mutale against KCM for which he has been appointed provisional liquidator

He claimed that Mr Lungu having been appointed provisional liquidator of KCM at the suggestion of his clients ZCCM-IH, has now appointed Bonaventure Mutale, his co-counsel in their work for ZCCM-IH as lead counsel for KCM.

Mr Nchito now wants the court to dismiss Mr Lungu’s preliminary issues for being misconceived.