HH: Stop This NonSense, M’membe, Nchito Have Not Committed Any Crime

STOP this nonsense of harassing Fred M’membe and his lawyer Nchima Nchito, UPND president Hakainde Hichilema has demanded.

And Hichilema says he is aware that some officers of the judiciary have connived with the PF government to try and silence Dr M’membe over revelations he made against judge Sunday Nkonde’s misconduct and involvement in corrupt practices.

Hichilema in an interview after visiting Dr M’membe’s wife Mutinta, who was arrested on Wednesday after a raid at their home, said the people in Zambia and the world over were fully aware of President Edgar Lungu’s dangerous scheme to ensure that the Post liquidation matter is not challenged in court.

He said Zambians were also aware of the plans to silence voices of critical media in the country.

“We know that some officers of the judiciary are conniving with the PF government to try and silence M’membe over the strong revelations he raised against judge Sunday Nkonde’s involvement in corrupt practices surrounding The Post Newspaper (in liquidation). That is what they are trying to do. All they want is to stop him and his lawyers, the Nchitos, from pursuing this matter further because they know that what they are doing is against the law. The only way they can stop them is to arrest them on bogus charges, but Zambians will rise,” Hichilema said.

“What the PF is doing is to shut down anybody who has an independent mind, who has an independent opinion and this is one of the things that they are doing and there is no question about it. No wonder even the arrest on M’membe’s wife Mutinta; they are trying to even stop the publication of The Mast. But what has The Mast done?”

He called on Zambians to rise up and fight injustice and restore sanity in the country.

“They are doing this injustice to many other citizens and that is why citizens must reclaim their rights as I have said before. What Lungu and his government are doing is unacceptable. They must stop this nonsense immediately,” said Hichilema.

On Wednesday afternoon, a horde of armed police raided Dr M’membe’s house with an arrest warrant for him.

When their mission couldn’t go as planned as Dr M’membe was not around, they ended up apprehending Mutinta.

They also arrested Dr M’membe’s security officer Geoffrey Nawa.

The Lusaka Magistrates’ Court on Wednesday ordered the Zambia Police Service to arrest journalist Dr M’membe and Nchito.
According to the warrant to arrest dated February 14, 2017 issued to Inspector General of Police and other officers, Dr M’membe, the majority shareholder, editor-in-chief and managing director of Post Newspapers Limited, is accused of personating as an officer of the newspaper (in liquidation).

“…and/or personate as the person appointed by the High Court as provisional liquidator contrary to section 378 (1) of the Penal Code chapter 87 of the Laws of Zambia; (2) disobey lawful orders contrary to section 127 of the Penal Code Cap 87 of the Laws of Zambia; (3) fail to deliver up to the provisional liquidator [Lewis Mosho] the real and personal property, books and documents under your custody or control being the properties, books and documents belonging to The Post Newspapers Limited (in liquidation) contrary to section 353 (1)(b) of the companies Act Cap 388 of the Laws of Zambia,” reads the warrant of arrest.

Dr M’membe is also accused of concealing or was privy to the concealing of property of The Post Newspapers Limited (In liquidation) and preventing the production of books or papers affecting or relating to the property or affairs of The Post Newspapers Limited (In liquidation).

And the warrant of arrest for Nchito of Nchito and Nchito Advocates alleged that the senior counsel did personate as an advocate of Post Newspapers Limited.

On November 1, 2016, the State using former Post Newspapers employees Abel Mboozi, Andrew Chiwenda, Roy Habaalu, Bonaventure Bwalya and Mwendalubi Mweene, obtained an ex parte order placing the organisation it closed on June 21 under liquidation and appointed Lusaka lawyer Lewis Mosho as provisional liquidator.

The matter is before Lusaka High Court judge Sunday Nkonde.

But Dr M’membe has taken judge Nkonde to the Judicial Complaints Commission for alleged gross misconduct in the Post liquidation matter.

He earlier wrote to the Chief Justice and judge-in-charge of the commercial court asking that judge Nkonde stops presiding over the matter between Post Newspapers Limited and Andrew Chiwenda and others.

In his letter to the Judicial Complaints Commission (JCC) dated February 10, the celebrated journalist stated that it was gross misconduct for judge Nkonde to sit to determine a matter involving a company he tried to destroy a mere five years ago.

Dr M’membe stated that in spite of not having been eligible to hear the Post matter, judge Nkonde had committed a number of grave due process and procedural aberrations in the current case before him, proving his animus and bad faith towards The Post.