THE OFFICE OF DPP AND NOLLES
By Legal Eagle
The Director of Prosecutions has entered into what observers perceived to be controversial Nolle Prosequi to discontinue cases.
Here are some;
1. On August 10th 2013, the DPP entered a Nolle Prosequi in favour of UPND Leader, Hakainde Hichilema. This was in a case in which Hichilema was charged with one count of defamation of President Michael Sata contrary to the Laws of Zambia.
2. On March 2013, Mazabuka Central UPND member of Parliament, Garry Nkombo and seven others who were facing a murder charge walked to freedom after the Director of Public Prosecutions, Mutembo Nchito discontinued the case against them.
2. On August 17, 2017, the Director of Public Prosecutions entered a Nolle Prosequi in which Mr. Hichilema was accused of Treason.
3. On 4th September 2017, the DPP entered a Nolle Prosequi in the case of Hichilema’s Deputy Press Secretary Brian Mwiinga. Mwinga and nine others were arrested for allegedly obstructing the police from arresting the UPND president on 10th April, 2017.
4. On 7th March 2021, the DPP entered a Nolle Prosequi in the matter in which UPND Leader, Hakainde Hichilema and his former Vice President, Geoffrey Bwalya Mwamba were charged with they were charged with seditious practices and unlawful assembly.
COMMENT
The cases against the KCM Liquidator were all ill-fated from the start. A quick perusal of the powers granted in the appointment by Court Order and the law show that the Liquidator has wide discretion on how he deals with the company property.
Further the monies he received were agreed with the Official Receiver for his renumeration as prescribed by the law. He is entitled to pay himself and to pay himself first.
Infact, to this effect, all audits conducted established that he paid within what he was entitled to.
KCM as a private company did not complain that there was money missing.
In these circumstances what option is the DPP left with?