Wednesday, May 22, 2024

FODEP advises Masumba to stop attending parliament

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Foundation for Democratic Process (FODEP) Executive Director, Macdonald Chipenzi, has advised convicted Mufumbwe Member of Parliament, Stephen Masumba, to accept the National Assembly’s decision and stop attending Parliamentary debates until his case is disposed of by the courts of law.

Mr Chipenzi said Mr Masumba should not push his luck too far and become arrogant because the rules of the land should be followed.

He said Parliament is an important organ of government whose interpretation of the law should be respected by all the citizens of this country.

He said Mr Masumba should instead concentrate on battling with his appeal case in the High Court before he could start jeopardising his case at hand.

Mr Chipenzi said Mr Masumba should waste his energy on rebuilding his already-damaged image in the eyes of members of the public.

And Mr Chipenzi has appealed to Government and the Technical Committee on drafting the National Constitution to quickly come to an agreement on the mode of adopting the new constitution.

Mr Chipenzi said Zambians are eager to see the enactment of the new constitution before the year 2016 Presidential and general elections.

He said Zambians have already spoken that they want the 50 + 1 clause for the republican President.

Recently, National Assembly explained that convicted Mufumbwe PF Member of parliament, Stephen Masumba, is not supposed to engage in any Parliamentary duties until he is cleared by the courts.

Media Liaison officer at Parliament, Mathew Mukelabai, said the National Assembly of Zambia’s position on Masumba was as provided for under the Constitution of Zambia Article 71(2)(e) and (3) and its proviso, which state that 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 one’s seat as Member of Parliament shall not have effect until the final determination of such appeal.

The Constitution also adds that where such convicted Member of Parliament has appealed to a higher court, he cannot perform his functions as a Member of Parliament and he cannot receive any remuneration as such.

Mr Masumba has since appealed to the High Court against his conviction by the subordinate court that sentenced him to 12 months imprisonment with hard labour for obtaining pecuniary advantage by using a questionable certificate to obtain a job.

The Law Association of Zambia (LAZ) has since called for Masumba’s resignation as Member of Parliament on grounds that he would no longer perform his duties until the outcome of his appeal.

LAZ president, James Banda said: “The law allows Masumba to remain a Member of Parliament now that he has appealed but that he cannot perform the functions of MP and cannot receive a salary.”
But Mr Masumba advised LAZ to leave him alone instead of issuing malicious statements about his conviction.

“LAZ is being malicious to call for my resignation. LAZ should leave me alone,” said Masumba.

Banda said LAZ was of the view that for as long as Mr Masumba remained a convict, the honourable thing for him to do was to resign his position as Member of Parliament.

20 COMMENTS

  1. Just leave the boy Masumba alone, let him get a salary, how many MPs and Ministers have cases in court? Even Kabimba, I am suing him. That Sichinga has a case too. I believe GBM too, from his businesses.

    • The rest u are mentioning are not yet convicted.

      Masumba is a criminal in this case, a convict and his conviction is through the court.

      That’s the difference.

    • Its shocking to hear Nostradamus sink so low with an emaciated intellectual disposition regarding the laws of the land. Stephen Masumba remains a convicted criminal MP. Current position in law is that his Mp-ship exist only on paper. He can not attend parliament or receive a salary – thats the law of the land. Zambia has only one law for all citizens, MP or not. Do you find that hard to comprehend?

  2. BREAKING NEWS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    DR CANISIUS BANDA expelled from UPND.

    This was expected. I am sure any other Party would have done the same. Meanwhile DR BANDA has cited Tribalism as one of the reason he has been harrased by the UPND leadership and said he will soon make public the wayforward in his Political carear.

    More problems in the already weak opposition.

  3. people should stop victimising the young man, he has appealed to the high courts because he thinks the magistrate decision to convict was unfare and should be seen innocent until proved guilty.

  4. But arent you guys making a story out of nothing? Has Masumba said he will be going to parly? Or is he sitting in Parly? Why is he receiving all these warnings?

  5. Convict Masumba, you have been convicted by the Court not by LAZ. The only person who is malicious in this matter its you. You are the one who broke the Rule of Law. Not your “enemies”, not the LAZ. You are the only one responsible for your fail from grace. You are convicted criminal. Actually, a shameless convict. Accept your punishment as a man if you have any morals left.

  6. Leave Masumba alone. He hasn’t attended parliamentary proceedings we wud hv been the first to know though the National Assembly of Zambia. Wht is FODEP aaalaah!

  7. You have to be ***** to campare kabimbas case and gbm case to masumba because this toad masumba was found guilty by the law I can remember kamimbya going to court stop showing your dullness here kamimbyas time is coming very soon

  8. If the world was to end today, Masumba would go in as a convicted criminal. That is the status he is carrying now. His appeal does not take that away from him, until his conviction is overturned. Therefore, he should not be representing people in Parliament.

  9. The free will to choose between awaiting appeal outcome and instantaneous resignation to avoid remaining a people’s representative only in theory depends entirely on Hon Masumba. Any form of pressure on Masumba from any interested party is not a true expression of respect of human freedom and dignity. The officers that issued the fake certificate must also appear before courts of law in order to face charges of abetting corruption. In that way, issuing fake certificates will be eradicated in learning institutions.

  10. Ya! But his appeal will succeed and his sentence will be reduced to a small fine and 6 weeks community service.

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