Friday, March 29, 2024

FODEP advises Masumba to resign on moral grounds

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The Foundation for Democratic Process (FODEP) has advised former Sports Deputy Minister Stephen Masumba to seriously consider the interest of the people of Mufumbwe and resign his position as area Member of Parliament on moral grounds and pave way for fresh elections to asher in a new representative to complete the remaining months.

FODEP Executive Director McDonald Chipenzi has observed that the continued clinging on to the Mufumbwe seat by Mr. Masumba despite his conviction is not only a disservice to the people of Mufumbwe but an affront to representative democracy as well as the entire democratic process of the country.

Mr. Chipenzi who noted that Mr. Masumba’s stay in office as MP is due to the weaknesses in the current defective but functional Constitution, advised the former Deputy Minister to put the collective interests and needs of the people who elected him by resigning on moral grounds.

He also notes that Mr. Masumba’s continued clinging on to the parliamentary seat has neither political nor financial benefits hence the only casualties in the continued appeals are the people of Mufumbwe who are being denied effective representation in parliament.

Mr. Chipenzi was commenting on the High Court’s decision to uphold the 12 month sentence slapped on Mr. Musamba by the Magistrate Court for using a fraudulent diploma to obtain employment.

Below is the full statement issued to the media by the FODEP Executive Director.

There is need for the convicted Mufumbwe PF Member of Parliament, Steven Masumba, to seriously consider the interests and needs of the electorates in Mufumbwe Constituency by resigning his position following the High Court’s decision to uphold his conviction.

Foundation for Democratic Process (FODEP) strong feels that Mr. Masumba’s continued stay as Mufumbwe MP despite his conviction but clinging on due to the weaknesses in the current “defective but functional” Constitution is a disservice to the people of Mufumbwe and an affront to representative democracy and the entire democratic process in Zambia.

In as much as the law does not allow him to vacate his seat until the court appeal process has been exhausted, Mr. Masumba has a moral duty and responsibility to value and respect the collective interests and needs of the people of Mufumbwe by resigning as MP by invoking the provisions of Article 71 (2) of the Current Republican Constitution which dictate that a member of the National Assembly can vacate his/her seat if he/she is sentenced to imprisonment for a term not exceeding six months. This will facilitate the holding of a parliamentary by-election so that another person is elected to effectively represent the people of Mufumbwe for the remaining two years before 2016 while he fights his legal battles as an ordinary person.

However, FODEP is also alive to the provision of Article 71(3) which allows a convicted MP to continue “occupying” the seat until the final determination of the court appeal process despite being a “duck on ice”. It states, “notwithstanding anything contained in clause 2 where any member of the National Assembly has been sentenced to imprisonment …appeals against the decision or applied for a free pardon… the decision shall not have any effect for the purpose of this until the final determination of such appeal or application provided that:
i) Such member shall not, pending such final determination, exercise his functions or receive any remuneration as a member of the National Assembly;

ii) If, on the final determination the member’s appeal or application, his conviction is set aside or granted a free pardon…he shall be entitled to resume his functions as a member of the National Assembly…”

It seems that Mr. Masumba is banking on the provision of clause 3(ii) at the expense of effective representation and service delivery to the people of Mufumbwe which does not put him in good standing as a good leader who should take the interests of his people rather than pursuing a path of self-preservation.

With the foregoing, FODEP appeals to Mr. Masumba’s conscience and avoid being selfish by clinging on to the parliamentary seat whose duties he cannot discharge effectively due to his conviction. His failure to resign has neither economic nor political benefit to him but only deprives the people of Mufumbwe of the much needed development through effective parliamentary representation.

McDonald Chipenzi,
EXECUTIVE DIRECTOR.

6 COMMENTS

  1. They are afraid of loosing the seat to UPND as the lies they told the people of Mufumbwe during Masumbas bye election nothing has been fulfilled so what will Sata or Scott,Kapata will tell the people of Mufumbwe after all those lies as you know lies have got short hands.

    To Masumba kindly serve your sentence if you think your uncle Sata or cousin Kambwili will help you, I am sorry.Otherwise if they will be a change of government you will sentenced to 100 years

    • my thinking exactly!!!! the chap should just serve the sentence he may find himself in more trouble with these appeals! some judge may say the sentence is too weak, he needs to be careful with these appeals of his!!!

  2. The appeals process in Zambia is grossly abused. Why not relieve him of all civic responsibility so that he focuses his energies on appealing? Meantime let’s get on with the bye-election to fill the gap. If he is found innocent he can always be appointed Acting Vice Chairman of something harmless…

    • Sorry my dear. It’s hell where you have gone. Real hell. Ask the vice president if you think i am lying. Anyway, you will find human beings there. Make friends while there as your friends out here have already started forgetting about you. That’s life. That’s how it is. Good luck and be strong as you wait for the appeal.

  3. Please excuse my ignorance; should Masumba still be holding on to being an MP? HIS IS A CRIMINAL OFFENCE. ARE WE GOING TO HAVE CRIMINALS REPRESENTING US IN PARLIAMENT? please let s not lose our diginity as Zambians

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