PRESS STATEMENT ON THE CONVICTION OF HONOURABLE STEPHEN MASUMBA ON 22nd NOVEMBER 2013
The Law Association of Zambia (LAZ) has received numerous queries from the members of the public and from the press on what the effect of the conviction of Honourable Stephen Masumba is on his Constitutional Office as a Member of Parliament.
Firstly, we recommend the Republican President for relieving Honourable Stephen Masumba of his portfolio as Deputy Minister. This is in accordance with Article 44 of the Constitution of Zambia which requires the President to ensure that his duties are performed with dignity. Having a convict serve in in the executive would have been a clear affront to this provision of the Constitution
Further, under article 71(2) (e) of the Zambian Constitution, a Member of the National Assembly shall vacate his seat in Parliament where, among other causes, he is sentenced by a court in Zambia to death, or to imprisonment, by whatever name called, for a term exceeding six months.
However, where the convict appeals against the decision of the court,article 71(3) of the Constitution provides that the requirement to vacate ones seat as MP shall not have effect until the final determination of such appeal. The Constitution also adds that where such convicted MP has appealed to a higher Court he cannot perform his functions as an MP and he cannot receive any remuneration as a member of the National Assembly.
Members of the press and the general public are advised that as from the date when Honourable Masumba filed his appeal against the judgment of the Subordinate Court, he still remains an eligible member of the National Assembly until his appeal is determined.
LAZ however, takes the view, that for as long as Hon. Masumba remains a convict, the honorable thing for him to do is to resign his position as an MP. The Constitutional provision which allows a convicted MP to continue as such pending his appeals only works well in a society where the Court system is not inundated with many cases as is the case in Zambia. It is a notorious fact that matters in Court at times take long to conclude. It is our position that the Hon. Masumba reconsiders his position seriously and puts the interests of his constituency ahead of his so that they are not denied their constitutional right to be represented in the National Assembly for a long period, possibly even up to 2016.
James Banda
PRESIDENT – LAZ
what is he going to eat if he resigns?
These guys have businesses besides serving in the government. Remember this guy served in the MMD where corruption was the order of the day. Even if Masumba had to go to jail for 5yrs, he can still survive financially.
No ways, Masumba shouldn’t resign, he is an interesting boy. If you force him to resign he will still get a job as an accountant, God willing in GBM’s company.
If you read the article properly, you will have seen that he will not be entitled to any remuneration while his case is pending. He remains an MP, but he cannot attend parliament proceedings and he will not be paid any salary.
Let the chap resign, after all its by chance tht he z Mp. Thr better pipo wth better qualifications who can represent pipo of mufumbe well. Tired of mediocre leaders.
Masumba is not the type with integrity at all, he is not even supposed to be asked to resign but it should have been automatic. Now the people called leaders in this country are shameless, how can a convict be representing people in parliament. where is the speaker? No wonder people can be addressed as fools, by their boss only to report for office the next day with a bigger smile.
The constitution does not state that, why force the boy to resgn? Mulekeni imwee ata!
Mr Banda, paragraph 2 should not read ‘Firstly, we recommend the Republican President for relieving Honourable Stephen Masumba of his portfolio as Deputy Minister…’ Instead, it should be: ‘Firstly, we commend the Republican President for relieving Honourable Stephen Masumba of his portfolio as Deputy Minister…’
In other words, “recommend” must be replaced by “commend”.
About the advice you give Mr Masumba, one wonders very much if any Member of Parliament practically represents their Constituency at any time. If there are any MPs who do this, they will be very few indeed.
Please give us examples of MPs who are practically representing their patch of responsibilities.
You do not need a tag of qualifications to go to Parliament as long as People in the constuency need you. You have seen some people from day one up to the last day of 5 years for parliament, have never uttered a word except to say ”I” when the speaker tells them to. Some members of Parliament were quoted as saying ”In the next elections women shall be on top” but election was spelt with Letter ”R” instead of letter ”L”
If article 71(3) of the Constitution still exists in the much talked about draft constitution, I move that any MP or serving leader facing any court case should be relieved of their duties and barred from public office once convicted.
Our constitution in its current state leaves much to be desired!
Why don’t we just modify and adopt the Original American Constitution which is more progressive?
Why should somebody convicted of Bigamy go in for 4 years with hard labour and Masumba’s case which is equally serious attracts only a year? Please debate.
I seriously don’t know how judges and their law works. How can marrying take one 4yrs and masumba take 12 months! By the way how does polygamy differ from bigamy!
We can not have American constitution. I have not read it, but I believe it has give people a lot of rights. where a wife can sue the husband for Rape. In our tradition a man can have more than one wife. it is a Muzungu tradition where you are sued if you marry extra women.
An advise is either you take it or you live it.So its up to him.You didn’t vote for him so why you forcing him to resign.let any one who has not committed a crime be the first one to cast a stone on him
Masumba since you have appealed no need to resign, in case the higher court establishes that the lower Court erred we don’t need By Elections lets wait for the process of the Law to be Concluded. Lawyers when they are not feasting they give different advice go by your hired lawyer’s view.
Honorable Prisoner indeed you are an interesting Character.
uuuuuuh! Zambians and there freedom of speech. Oh no, people can talk, anyway, let’s exercise now right
People is he out on bail? I just want to know.
Yes his out on bail
Please tell me that is not LAZ’s official point of view. May be it’s Banda’s opinion. The man has the right to appeal LAZ! Why quote the law and then go against what it says? Who actually regulates LAZ and is this the best they could find out of our many distinguished Lawyers to head it?
LAZ, especially James Banda should stop politicking and instead just interpret the law. The law clearly says an MP can not resign if he has appealed to the higher courts.
Even if he has appealed,he won’t be performing his duties as an Mp & he won’t be receiving his allowances @ national assembly so what’s the point the chap should just resign.
At least it is just a recommendation, so LAZ is entitled to their “opinions”. However, I suggest that people do not try to use this as a politicking band-wagon. There are a lot of constitutional issues that need the attention of LAZ. Whatever opinions on Masumba, let them not be personal, and the less comments the better. LAZ, hit the government on the constitution review issue, not this small “high-profile” issue. Its normal to dance, and its ok to be detained.,
masumba dont listen to LAZ, its full of toddlers. Its president is a minor with no credible experience
masumba dont listen to LAZ, its full of toddlers. Its president is a minor with no credible experience. His outbursts all the time never inspire and are laced with immence childishness.
Ba laz nabo,imwe naimwe ba banda ikalenifye,ngefyo mwayamba ukusabaila?why wud u want him 2 resign wen u kno he has appealed?is the subordinate court the highest court in zambia?u jus talk anyhw like a retard
LAZ president and the whole entire executive should resign,they are a bunch of dull people! The law clearly states that if an MP appeals to higher court he shall not vacate office,simple interpretation,the guy might be acquitted,the lower court judge might have misdirected himself when passing judgement that’s why we appeal to the high court upto Supreme Court! Why do we even have LAZ? They must keep quiet if they have nothing to say.
There statement to the Zambian people should have been that Mr Masumba has the right to appeal for now!
Imwe ama Zambians!!!! Are these the kind of. Leaders we want??? Abena masumba? Think about it, do you honestly think NIPA awarded this with a diploma by mistake? He talked to someone at the institution and we all know it. But because we love mediocrity, we want him to continue serving. Lets have a standard. If you are corrupt in small things, you will be more. corrupt in bigger things.
Are we saying he shud stay because we expect so little of ourselves? It’s ok to be corrupt when we have people working day and night to get these qualifications?
This masumba story was a PF project for mufumbwe and it worked.PF is now liked in the area we saw conviction coming but PF used it well until now. LAZ be mature and comment only when required..
In the UK a convict cannot serve as an MP. You are automatically expelled from parliament once you are convicted. I am not sure what happens if you appeal, but I think the Zambian constitution has it right. Convicts should be expelled from parliament, but should only be suspended without pay whilst their sentence is under appeal. However, as Banda says, the appeal will probably take several years to come up before the courts. In the meantime, the constituency will remain unrepresented. In effect PF are one MP down.
he has no morality to resign..
there are some case which have been pending in our courts for over ten year, this is likely to be one of them.
We need opinions that will lead to cost serving for our national treasury. Today you want him resign tomorrow you’ll be crying about colossal sums of money that fan by-elections. Ideally speaking, Masumba should not resign for as long as his case has been thrown back to the courts of law. Why are you (LAZ) concerned about his pay cheque at Parley, Do you have a job for him in store? How do you determine the representation of a constituency by an MP? Some constituencies have healthy and undisturbed MP but their work or representation is no way to be seen or heard – good example for you is Lukashya Constituency in Kasama. Should these MPs resign now because they don’t represent us, their constituencies?
Think twice baLAZ, you can do better.