Parliament Stephen Masumba before addressing a rally at Kyafukuma
Primary School grounds in Solwezi Central to drum support for PF
candidate Newton Malwa
Clerk of the National Assembly Doris Mwiinga has clarified that Patriotic Front (PF) Member of Parliament (MP) Steven Masumba is Constitutionally allowed to return to the House.
Mrs Mwiinga says the Constitution of Zambia allows a convicted Member of Parliament who has been pardoned by the Head of State to resume parliamentary duties provided that he or she did not previously resign.
The explanation by Mrs Mwiinga is contained in her letter to the Zambian Voice Executive Director Chilufya Tayali dated 13 February 2015 released to ZANIS in Lusaka today by Mr Tayali.
The Clerk of the National cited Constitutional provisions that allow a convicted Member of Parliament that has been given a free pardon by the Republican President to resume and attend the business of the House.
The Clerk, in the letter signed for her by Cecilia Sikatele, cited Clause (4) of Article 65 of the Constitution which entitles a Member to resume his functions as Member of the National Assembly unless he has previously resigned, and to receive remuneration as a Member for the period during which he did not exercise his functions by reason of the provisions of Paragraph (i) of the said proviso.
‘’the import of the foregoing is that if a Member of Parliament, who was convicted by a court of Law and sentenced to imprisonment for more than 6 months is granted a free pardon, then he or she is entitled to resume their functions as Member of Parliament unless they resigned’’, the letter reads in part.
The clarification by the Clerk of the National Assembly follows a petition by the Zambian Voice to the Speaker of the National Assembly Patrick Matibini to state whether Mr Masumba should continue being in parliament following his 12 months sentence for forging an Accounting Technician Diploma from the National Institute for Public Administration (NIPA).
Mr Masumba was released from Prison recently following a Presidential pardon together with former Defence Minister George Mpombo by the then Acting President Guy Scott.
YA YA but he is a convicted criminal , only in Zambia.
The right thing for him to do is resign but he wont because all PF politicians are in it for money only, nothing else.
WHY CANT HE GO BACK TO GRADE 1 PLEASE
MASUMBA 1+1= 2
2+2=4
4+4=8
A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q,R,S,T,U,V,W,X,Y,Z
ARE THESE CALIBRES OF MPS WE NEED
FRAUDSTER
MASUMBA IS A CONVICTED CRIMINAL AND 2016 HE SHOULD SAY BYE BYE TO MUFUMBWE WE DONT WANT HIM IN MUFUMBWE NO MATTER WHAT .
BYE BYE GO TO PRE SCHOOL U NEED DIAPERS
It is unbelievable that a convicted person can return to Parliament. Very soon he will be a minister. In some countri s he should have resigned on moral grounds. This is why we are so corrupt!
Iwe Wise One who is not wise. It is not PF politicians but Zambian or rather African politicians.
This is interesting, now PF has convicts on its side to serve. What is the precedence being set here. It is okay to forge certificates as long as one end in the political arena safety is assured. No morals in this country.
only in zed do we tolerate such shiiite!! The buggger of clerk WHO has grossly misinterpreted the constituion – WHICH DOES’T ALLOW CONVICTED CRIMINALS to become MP’s! Yes he has been pardoned in a very crooked way, secured his freedom – A CONVICTED CRIMINAL CANNOT REPRESENT ANYONE IN PARLIAMENT, but only in a PARLIAMENT FULL OF CRIMINALS!!
The Article and clause which she has quoted are not correct. There’s no provision in our current constitution that allows a pardoned convicted criminal to go back to parliament. The chap is a convicted criminal and he should not go back – period
Lawless PF has ruined every thread of integrity even in the judiciary. There is no shame any longer under PF rule. Crime is celebrated even by the DPP. We are doomed as a nation. We are a laughing stock to all our fellow Africans.
PF has abandoned Zambian. PF has made the country to be an IDP because they have violated both the international and human rights laws coupled with the constitution of the Country. The entire PF should appear before the Hague in Netherlands
As an offender, he is a criminal who should not be allowed be an MP. A bad example to our youth.
But before we crucify Masumba for his crimes which is not in dispute, our supreme law of the land allows him to continue being an MP notwithstanding that he is a convicted criminal!! As much as the Clerk of the National Assembly can be seen to be morally wrong, constistutionally she is on firm ground! So let us not hate the referee or the player but we should blame the rules of the game! Until such a time when our Constitution will ammended, we remain chewing this bitter pill an live by it!
what firm ground??? she is lying through her teeth!! Why hasn’t the Speaker come out to say so himself????
Does that in any way restore his innocence? It would be nice to have a second opinion. This is like saying a divorcee who has remarried can no longer be cited for his divorce… Ha!?
Can always be qualified by prefixing his name “Pardoned Convict” i.e. Pardoned Convict Steven Masumba MP
Tayali: what about the BIG LOG in your eye, I mean the terrible charge for which you are currently appearing in criminal court?
Mrs Mwiinga,please differentiate between a conviction and prison pardon.Masumba was pardoned from prison but not his crime.He was convicted by the courts of law and as far as the law is concerned ,he is convicted.
In future when asked if he has been convicted previously for crime,what will he answer?
@ Red Equire
100% correct. Conviction has not been “vacated” by the Presidential pardon. Masumba was convicted by the Court of Law and only higher Court of Law can “vacate” his conviction. By accepting Presidential pardon, Masumba “de facto” and “de jure” has accepted his conviction and thus prevented any possibility of appealing his criminal conviction.
He is convicted criminal and as such cannot be addressed as “Honorable MP”.
One question for Mrs. Mwiinga, how shall we refer to convict Masumba? “Honorable Convict MP”?
As to Mrs Mwiinga quoting of Clause 4 of Article 65 of the Constitution as justification, sorry, but that is untrue. Clause 4 of Art 65 deals with chieftain.
Mrs. Mwiinga, please learn to read and understand English before issuing statements.
What seed are we sowing as a country- that when you hold public office it is okay to be a criminal as you can still have immunity! What a country! So this I.diot is even free to mingle and attend public functions as an MP! This childish boy has no morals just like his president! Mulekwatako insoni. This chap is not fit to be called Honourable and should stay away from parliament on moral grounds!
@Red Equare
Kindly go through what the constitution says under Article 71, clause 3(i)(ii) before you blame Simwiinga. You seem to be morally intelligence than her but she on a point of law i think she understanss the law better, unless you want her to use common law and not the constitution?
@ Mweemba
You are wrong. Read and understand in English instead of translating to Zamglish.
Red Equare is right.
CONVICTION can be “vacated” ONLY by favorable ruling of the superior Court of Law. President does NOT have such powers.
In Zambia now anyone can commit a henious crime and get away with it and be justified as long as you belong to the ruling PF party. Shame on us Zambians, how can we have a convict in parliament? Why didn t Guy Scott pardon all the people in prisons round the country who have commited the same crime as Masumba?
BYE BYE TO MUFUMBWE HE THOUGHT HE WILL DELIVER MUFUMBWE TO EL BUT WAS SHOWN THAT WE DONT NEED PF IN MUFUMBWE .
THE RESULTS REFLECT THAT HE WILL BE WALLOPED BADLY IN 2016 .HE WAS GIVEN MONEY TO BRIBE PIPO BUT DEAR GOD WAS SHOWN THAT THE MAN IS UNWANTED HERE IN MUFUMBWE .
GOOOOOOOOOOOOOOD BYEEEEEEEEEEEE TO MUFUMBWE
WE HAVE OUR PREFERED MP IN WAITING
CRIMINAL
FRAUDSTER
2016-2015=1
This comes across as a second chance.
Can a security guard who was convicted of a crime and has the pardon of the President return to his security duties?
There’s something wrong with this law that permits a law breaker to make laws for us.
Yes, he is pardoned, let him go and do another job, but not make our laws. He was not a political prisoner to be allowed back to Parliament. Furthermore, he should have been put on probation to see if his manipulative criminal life is gone for good before trusting him with a public service job.
Well not sure of what the close when read in full says but, it was better for Mr Masumba to be retired from the house at least.. And that law should be attended to immediately if these opposition will are to view us as serious…
The conviction still stands. He was pardoned not to serve the remainder of his sentence. That did not purge his criminal record!
Kikikikikikikikiki,heheheheheheh, awe sure
Do not put the blame on Musamba, instead blame the law that allows him to go to back to parliament. As much as many of us would not want a previously convicted person to carry out the duties of legislation in the country, we have no power to stop such a thing to happen as the supreme allows such a person to continue provided he has been pardoned. I guess we will have someone advocating for revision of this part of law. But as it stands, we just have to forget about it as Musamba cannot risen, that is the only source of his income unfortunately.
People of Mufumbwe need some one to represent them in parlament so if there is need of Masumba to continue let it be known by evry one.