A Lusaka Court has issued a warrant of arrest for Zambia’s Director of Public Prosecution.
Mutembo Nchito 45yrs, faces 11 counts of criminal misconduct, abuse of Authority and fraud and uttering forged documents.
Below are the details and a warrant of arrest.
REPUBLIC OF ZAMBIA
CASE.NO__________________________________________________________of 2015
IN THE SUBORDINATE COURT of the ________Class for the Chongwe District
Before: …………………………………………………………………….
On the…………..day of…………………, 2015…. ….at. ………hours in the¬¬¬……….. noon
THE PEOPLE and MUTEMBO NCHITO
Residential address:………………………………….
Sex: MALE
Age: 45 YEARS
Occupation: DIRECTOR OF PUBLIC PROSECUTIONS
Tribe: UMWAUSHI
Village:………………….
Chief:……………………..
District:…………………..
Accused was served on……………………..with the summons dated………………………
Accused was arrested on………………under warrant dated………………….
Accused was arrested without a warrant on…………/………………… /………………
Accused was released on bail or on his own recognizance on………………….
CHARGE:
First Count
Statement of Offence
Abuse of authority of office, contrary to section 99(1) of the Penal Code Cap 87 of the Laws of Zambia
Particulars of offence
Mutembo Nchito, on the 13th March, 2012 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia being employed in the Public Service namely the Government of the Republic of Zambia as Director of Public Prosecutions did abuse the authority of office by entering a nolle prosequi in a matter involving Shubert Sinkala in which you had not even seen the evidence from the complainant Lewis Chisanga Mosho, an act arbitrary and prejudicial to the rights and interests of the said Lewis Chisanga Mosho and the Government of the Republic of Zambia respectively.
Second Count
Statement of Offence
Procuring execution of document by false pretences, contrary to Section 354 of the Penal Code Cap 87 of the Laws of Zambia.
Particulars of Offence
Mutembo Nchito, on dates unknown but in or about January, 2011 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia by false and fraudulent representation as to the nature, content and operation of a document did procure the execution of a document namely an Order of Court under Cause Number 1998/HP/2097 before Supreme Court Judge Gregory S. Phiri, as High Court Judge then whereby the Judge was caused to erroneously sign the said Court Order.
Third Count
Statement of Offence
Uttering a false document, contrary to section 352 of the Penal Code Cap 87 of the Laws of Zambia
Particulars of Offence
Mutembo Nchito, on dates unknown but in or about January, 2011 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia knowingly and fraudulently did utter a Court Order procured by means of false and fraudulent representation to Supreme Court Judge Gregory S. Phiri sitting at Lusaka as High Court Judge then.
Fourth Count
Statement of Offence
Fraudulent contracting of debt, contrary to section 357 of the Companies Act Cap 388 of the Laws of Zambia
Particulars of Offence
Mutembo Nchito, on dates unknown but between 1st January, 2008 and 31st December, 2009 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia as Chief Executive Officer of Zambian Airways, was party to the contracting of a debt by Zambian Airways knowing or having reason to believe that, at the time the debt was being contracted, you had no reasonable or probable ground of expectation of the company’s ability to pay the said debt to the Development Bank of Zambia and other Creditors.