22 December 2011
editorial
THE appointment of prominent Lusaka lawyer Mutembo Nchito as Director of Public Prosecutions (DPP) has been well received in several quarters, for it comes at a time when the crusade against corruption is once again beginning to gain momentum after the recent change of Government.
As lead prosecutor of the Task-Force on Corruption set up by late President Levy Mwanawasa in 2002, Mr Nchito distinguished himself as a committed, conscientious and indefatigable prosecutor with a great passion for his work, and he acquitted himself well in that portfolio.
The position of DPP is a Constitutional office which requires a person of high integrity and impeccable credentials, one who commands the respect of his peers and the public at large.
But, even more importantly, the DPP–like the Attorney-General–should be a highly principled person who is able to jealously guard the independence of that office which is enshrined in the Constitution. If need be, one must resign on principle rather than succumb to manipulation.
Although we know that Mr Nchito meets the requisite qualifications and does not need a lecture from us, we believe it is important to remind him and other Constitutional office holders on the imperative need to uphold the dignity of their respective offices and this can best be done by exhibiting the highest degree of professionalism and independence in their actions.
Questionable nolle prosequis will naturally attract the venom of the public because it amounts to abuse of the powers vested in the DPP’s office.
Such decisions cannot be rationalised by simply arguing that the DPP enjoys absolute power to determine which cases should proceed to trial and the ones to be aborted via nolle prosequi for want of evidence.
The DPP’s office has often come under fire in Zambia because of what the public perceives as political interference in the execution of certain decisions.
Prominent among these was the Kashiwa Bulaya case involving former permanent secretary in the Ministry of Health.
Dr Bulaya almost got off the hook when the then DPP entered a nolle prosequi which sparked an unprecedented outcry from civil society and the public when the State argued that the evidence was not strong enough to secure a conviction.
But when the pressure mounted and the DPP was roundly criticised, the nolle prosequi was reversed, the matter went to trial and Dr Bulaya was incarcerated for five years.
Such blatant interference in the operations of the DPP’s office demeans the integrity of the office holder who is consequently exposed to public scorn and ridicule, and the credibility of the whole judicial system which thrives on the integrity of the men and women who dispense justice, is undermined.
What we are saying, in short, is that a DPP of the right calibre will not acquiesce or succumb to the dictates of the
powers-that-be. Each case should be determined purely on its merits and not because it is politically expedient to prosecute a particular individual.
Under the principle of separation of powers, the three key organs of the State–the Executive, the Legislature and the
Judiciary–are independent, and that independence has to manifest in the manner in which each organ makes its decisions.
Although the Executive is the key driver of policy, the actual implementation is undertaken by professionals in the civil service and other arms of the State who ought to make professional decisions, and not politically motivated decisions taken at the behest of those wielding authority at any given time.
We trust that Mr Nchitio is a respected, tough-tested professional who has weathered many storms in his career.
We expect him to uphold the dignity of that lofty office and even raise its profile through diligent and efficient execution of his duties.
AllAfrica – All the Time
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Zambia: The Appointment Mutembo Nchito as Director of DPP Applauded