Attorney General Mumba Malila says there is no conflict of interest that arises in the 14 million kwacha Development Bank of Zambia case that would warrant Director of Public Prosecutions Mutembo Nchito to resign.
Mr. Nchito is a former Director of the defunct Zambian Airways, which was sued jointly with JCN Holdings and the Post Newspapers Limited over the unpaid debt of 14 million kwacha owed to the Development Bank of Zambia.
There have been concerns raised that there will be conflict of interest if Mr. Nchito remains in his position while fighting the law suit by the DBZ being the authority that gives instructions to prosecute all criminal matters in the country.
Mr. Malila has however told Qfm in a telephone interview that the case involving Mr. Mutembo is a civil matter and that he is being sued in his individual capacity as an ordinary citizen, and therefore there can be no conflict of interest if he remains in his position while facing the DBZ litigation.
Mr. Malila explains that if Mr. Nchito was being prosecuted in a court of law on a criminal matter the question of conflict of interest would arise.
He notes that at the stage where the matter is now, he does not see the question of conflict of interest arising.
The Supreme Court has ordered a re-trial of the matter.