The Zambian Voice has petitioned the Speaker of the National Assembly over the continued stay in Parliament of Steven Masumba as Mufumbwe Member of Parliament following his conviction.
In a letter to the Speaker dated 2nd February,2015 made available to QFM News, The Zambian Voice Executive Director Chilufya Tayali says his organisation seeks the Speaker’s guidance on the status of Mr Masumba in consideration of Article 65 Section 19(c) and (f) of the republican constitution.
Mr Tayali questions whether Mr. Masumba qualifies to remain in Parliament following his conviction by a Magistrate court in November 2013 for obtaining pecuniary advantage by false pretences.
The facts were that Mr. Masumba had used an erroneously issued National Institute for Public Administration (NIPA) accounting technician diploma to get a job at the Lusaka Business and Technical College as an accounting officer.
Mr. Masumba appealed to the High Court but his 12 months sentence was upheld and was sent to prison until he was pardoned by then Acting President Dr. Guy Scott according to Article 59 of the Constitution of Zambia.
What are the MPs doing about it? they have kept quite and let a criminal continue getting the tax payers money.
What a shame in Zambian politics!
The man was convicted and is a criminal ,that’s why Zambia ceases to amaze me .Lungu please declare Mufumbwe vacant and why should a criminal found wanting b getting a salary .Please cleanse this contry ,pipo like Masumba must be caged .
How shameful it was to release him & PF thought Mufumbwe will give Lungu votes .Bwana Edgar this truly shows that Mufumbwe despise Masumba big time if they really loved Masumba all that money Masumba was given to dish out would have bn a victory but pipo spoke .Masumba is a criminal a disgust ,
Hope Mr Speaker sir will answer this Mufumbwe must be declared vacant and elections held together with chawama.
masumba should not even being seein in state house just daiting your name,
Just the way kambwili was insulting u that u re foolish,Masumba will…
@#1 Zuberi, because all MPs are criminals!
Sorry guys, the guy was not getting any money from Parliament. The law does not allow for an MP who who has been convicted to get any allowance.
They are waiting for instructions from state house instead of doing their jobs. Zambia is a real comedy indeed.
ACC is always waiting for instructions. DEC is always waiting for instructions, The Police Service always waits for instructions and now it is also clear that Matibini also operates on instructions from State House and the Post.
Musumba should be nowhere near Parliament whether “low key” or not, the guy is a criminal convicted and sentenced to 12 months imprisonment and therefore does not qualify to sit as an MP. Infact Musumba does not qualify even without the 12 months sentence simply because he is not a “fit and proper person” which is a prerequisite for MP’s
Masumba shouldn’t even be in Parliament. He is a poor example of a leader, a typical arrogant cadre. He should resign on moral grounds or he should be expelled.
This just goes on to show the caliber of law makers we have. All things being equal this question should have been coming from fellow parliamentarians.
Alongside you Victoria Falls, Zambian politics and politicians are mediocre and sickening!
I am not a Lawyer but an ordinary compassionate christian who values the constitutional power of the “Prerogative of Mercy” clause entrusted to the Republican Presidency. Much more I believe even when God forgives, the past is gone and forgotten. There is a lot of ‘Justified Injustice’ in our Legal Systems perpetuated under the guise of the ‘Dragonian almighty Anti-corruption Commission’ which falsifies accusations to taint some innocent people into flimsy convictions. Masumba has been forgiven for his over-zealousness by God through the Prerogative of Mercy exercised legally by Dr. Scott which erased his past record/convictions. Let the young man be. Probe further, you will realize ACC inspired jealousies were at work in his conviction.
He did not qualify to be MP in the first place. We are Christians as well. God has given this country Lungu. The young man should now dictate to his MPs the statutes of our laws.
Please Innocent, the constitution of Zambia does not work on that basis. Period. Do not confuse your beliefs with the law. That is why illegality will never go away in Zambia because of people like you, Iam very disappointed with you.
I am shocked to learn that Masumba hasn’t been dropped from parley. This is daylight robbery of taxpayers hard earned money. I suppose he was getting his check even in prison. The question is why has the speaker not declared the seat vacant? Is he waiting to get instructions from davis chama or edgar lungu? Lots of questions though.
Chimfutumba shut up, a poor boy is reading hard to survive then a stupid man called masumba busy faking documents and getting money free .
WE WANT MUFUMBWE TO BE REPRESENTED BY A MORAL PERSON THE MAN THINK WAS ASHAMED MUFUMVWE SPOKE THEY DONT WANT HIM PERIOD
The current speaker is the most useless to date in the history of the Zambian parliament. It is at times like this that great men like Robinson Nabulyato (MHSRIP) are missed. Speaker Nabulyato would not brook the nonsense that is going on now. He stood his ground during KK’s one-party dictatorship.
They will protect him to the hilt. If it was Shakafuswa?
Right on, Zambian Voice! Mr Masuma is an ex-convict who has not exhausted the five year convict free period as required by the Constitution.
Mr Masumba should not argue that his matter of conviction was not finalised on account of the appeal at the Supreme Court. The fact that the presidential prerogative of mercy is only exercisable after due judicial process of crimes means thay by Masumba acceoting to be pardoned, he infact has pleaded guilty of the crime and that he was rightfully convicted to twelve months imprisonment, which disqualifies him from being an honourable Member of Parliament!
Mr President, redeem your self. Some things are plain wrong !!1 Masumba was receiving moneys from parliament whilst serving as a prisoner !!! . What a law body our parliament is. Very disgusting indeed
Sleep, sleep, sleep – everyone slept over issues during the campaign period! How can this be a subject of petition, when the law is clear – or is it not clear? Then, yes, we should get the people driven constitution! But I thought he, himself, Masumba had even relinquished the seat legally, and even apologised to the people of Mufumbwe for the embarrassment he had caused them. We then slept, and woke up, just to find Masumba ON TOP again!
Aaaaah inwe bafikalaa,why aint u showin my comments? Ninshi mwabela kwati finkula kanshi imwe?
An ordinary Zambian is the one feeling the wrath of poverty while our so law makers are busy defending their colleagues in dubious activities. I really support Tayali for rising on this occasion to question matibin. As Zambian, we need to put this politicians accountable for the way they manage our resources because it is our money (taxpayers) that they are misusing.
This nation could have been one of the best to live on but alas it is one of them that most citizens are malnourished. Shame!
Tayali fyobe ifyo boi,ifwe we r happy dat the king of ngwasuma is out,we missed his rhumba dance moves
That’s Zambia my friends. Land of drama. Surely Masumba was convicted but continued getting a salary. RB abrogated the law by indulging in Politics after retirement. But he continued to enjoy his benefits. He even went to an extent of daring the State to withdraw his benefits and called it robbery. Where are the law enforcement agents.
At this rate , better disband the law enforcement arm of government. PF watch out , it is such seemingly small issues that may dent our drive towards winning next elections. Everyone is watching. Don’t forget , we ALMOST lost
There are no two ways about it, Masumba must no longer be a member of parliament. He is a criminal. Who wants to be represented by a criminal in parliament? The PF government and the PF speaker of parliament are pushing the Masumba joke too far.
Masumba made a declaration to his constituency that he can no longer continue to represent them effectively and that he was willingly vacating the seat so that the constituency can be rightfully represented. I am sure I am not the only one that remembers this.
We have become a country that does not observe our own laws, depicted by voting in for people with little regard to the laws of the land. Beginning from late Sata. President Sata ridiculed the Zambian judicial system, manipulated it and disobeyed laws openly.
Evidence exist to that effect. How do we expect an ex convict criminal to vacate his MP seat where laws of the land do not matter?
Heads of state are among those who traversed the justice of the land and expecting any decency from them is expecting too much. We are where we are because we want to be where we are. The next step is anarchy, chaos, ungovernable and failed state. That is the price Zambia will have to pay sooner or later where the rule of law is absent.
Some people should just keep quiet and move in life. The least they should be asking is whether the diploma issued to Musamba has been revoked and has been made to repay Lusaka Business and Technical College. He did not use any corrupt means to get into parliament, the chap erred by taking advantage of the stuupid NIPA administration. It is not only Musamba who has been wrongly awarded by that institution and they (NIPA) should be caution for their many errors in awarding diplomas and wrong results to students. Give the kid a break and move on. Otherwise scrutinize every MP in the house to see if they have never erred in their lives before. Let Musamba’s case be a learning issue for us the younger generation, but leave the chap alone and move on.
In future bloggers learn to research before you make comments any mislead the majority Zambians.
1. By law ones you are pardoned the president all your sins or past convictions are forgiven and you become as clean and and as white as snow.
This was held in Shamwana v the people when then v President levy Mwanawasa called Shamwana an ex convict who could not qualify to contest a named parliamentary seat. Shamwana went to court to challenge the status of ex convict and the implication of the pardon. Court held the he was eligible and was as a new born baby.
2. Macumbas parliamentary seat court only have been declared vacant had he been more than six (06) months absent from parly. By same super nature being or fate it was not to be conversely making the law maker to continue representing
Masumba was pardoned by Muzungu Wopusa Scott to embarrass EL.
Retirement age was upped from 55 to 65 again by Muzungu wopusa Scott to make EL unpopular.
EL was almost disqualified to fill in his presidential nomination paper before Chief Justice again by Muzungu wopusa Scott.
Now we have bazungu bopusa Zukus and Scott. The list is growing
This problem is not that of EL or Speaker but a lacuna in our constitution which is not clear what happens when a person gets a presidential pardon before upholding conviction in the supreme court. Is Katele Kalumba justified to headman as a convict and a witch