WHY IS DPP SHIELDING NAKACHINDA FROM CAR THEFT CASE SINCE 2019?
The Director of Public Prosecutions, Ms. F. L. Shawa-Siyunyi SC, has, since 2019, been shielding Mr. Raphael Nakachinda from being prosecuted for a very serious crime of Motor Vehicle theft involving a number of MMD vehicles which the latter illegally disposed off.
The former ruling party, in 2016, was riddled with a Power struggle after former Head of State, Rupiah B. Banda stepped aside. This power struggle saw the emerging of two rival factions with one being led by Dr. Nevers Mumba and the other being led by Mr. Felix Mutati with Nakachinda as his “National Secretary”.
The Mutati led faction organised a convention, backed by R.B. Banda, and gave themselves positions to lead the MMD. It was during this period of a short stint at leadership that Nakachinda took all the MMD vehicles that were packed at the MMD Offices and in various Police Stations and disposed them off to various private individuals.
On 5th November, 2019, Judge Sharon Newa ruled in favor of the Nevers Mumba faction and clearly stated that all activities undertaken during the time the MMD was under siege have no legal effect on the party. This simply means that all of Nakachinda’s activities during the leadership hijack must be accounted for as they remain illegal until properly cleared.
The MMD rightful leaders, upon discovering that all motor vehicles had disappeared, opened a docket at the Anti Theft Division in Lusaka against Nakachinda for being at the helm of the activities involving the vehicles. They wanted Nakachinda to either return the vehicles or be prosecuted for Motor Vehicle Theft.
This docket was sent to the DPP’s office on 7th September, 2021, and the DPP responded on 7th October, 2021 saying that her position had not changed on the matter, that the vehicles where given to the rightful owners and the case remained closed. It must be noted at this point that in November 2015, four (4) years after the PF assumed office, is when the DPP ordered for the release of the vehicles to the MMD. This was six (6) months before the Mutati/Nakachinda illegal convention took place.
What the DPP has largely ignored is the fact that there were activities undertaken by an illegal grouping which the MMD seeks to address. She has stuck by her initial act of releasing the vehicles to the correct people before the party was hijacked. She is totally avoiding to agree that the vehicles disappeared during a leadership “vacuum” of the MMD because she is trying her level best to protect Nakachinda, who remains her very close personal friend.
As late as 17th December, 2021, the DPP still vehemently refused to have the case opened to have Nakachinda prosecuted for Motor Vehicle Theft. This prompted the MMD to lodge in a formal complaint to the Chairman of the Judicial Complaints Commission against the DPP who has clearly abused her office to protect a vehicle thief.
It is hoped that the Chairman of the Judicial Complaints Commission will institute a Commission of inquiry to establish why the DPP stopped the Police from any further investigations of the matter.
It is further hoped that the Chief Justice will intervene in the matter for justice to prevail. A motor vehicle thief is clearly being protected for some reason only known to the protectors.
The fact remains, vehicles disappeared, sold to private individuals by an unauthorized individual, and that amounts to theft. Nakachinda stole a multitude of vehicles belonging to the MMD and must be made to account.
-Munati Television




