Keith Mukata will continue being an MP until he is tried and sentenced to prison

23
3,314 views
Chilanga member of Parliament Keith Mukata
Chilanga member of Parliament Keith Mukata

CLERK of the National Assembly Doris Mwiinga says Chilanga member of Parliament Keith Mukata, who is facing a murder charge in court, will continue to hold his parliamentary seat while standing trial for the non-bailable offense.

On May 6, police in Lusaka arrested Mr Mukata, 45, and his wife Charmaine for allegedly shooting to death a security guard, Namakambwa Kalilakwenda.

Mr Mukata, of the United Party for National Development, and his wife, were later jointly charged with the murder, a non-bailable offense.

Ms Mwiinga said despite facing a non-bailable offense, Mr Mukata will continue to maintain his parliamentary seat.

She, however, said the lawmaker’s parliamentary seat will only fall vacant in an event where he is tried and sentenced to prison “for whatever term”.

Ms Mwiinga said this in response to a press query on the status of Mr Mukata’s parliamentary seat.

“The grounds upon which a seat of an elected member of Parliament falls vacant are prescribed in Article 72 [2] of the Constitution.

“Article 72 [2] [b], states: “The office of Member of Parliament becomes vacant if the member becomes disqualified for election in accordance with Article 70 which deals with two issues; namely qualifications and disqualifications of members of Parliament,” she said.

“Accordingly, Article 70 [1] prescribes qualifications for eligibility to be elected as a Member of Parliament, while Article 70 [2] prescribes disqualifications from being elected as a Member of Parliament.

“Article 70 [2] [f] states: “A person is disqualified from being elected as a Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law,” Ms Mwiinga said.

She said in light of Article 70 [2] [f], “Mr Mukata remains a Member of Parliament for Chilanga constituency, regardless that the offence of murder which he has been charged with is non bailable”.

23 COMMENTS

    • +3
      -11
      vote

      This is the right course of action.

      If he is jailed the people in his constituency will suffer.

      Why punish the people he has been serving well

      I’m not asking him to be exonerated. I’m saying don’t punish the people he has served well.

      I’m sorry a life was lost and wish the family of the gentleman killed my deepest condolences.

      Two wrongs don’t make a right.

      The judge should think if people likely to suffer by jailing him.

      The sentence or not should reflect this.

      I have a PhD.

      Thanks

      Bb2014,2016

    • +3
      0
      vote

      The Law should not have been changed …if a law maker is incapacitated in any way to serve or visit his people for a period of more than 6 months the seat should be relinquished. Murder trials take long in Zambia and all the while he will be in custody. I wish Keith well but the Chilanga people need an MP. Though I often wonder what difference an MP really makes whether present or not. I remember that Dora Siliyas Constituency, Petauke central, went for over a Year without any representation but nothing much was affected.

    • +1
      0
      vote

      This doesn’t make sense. The MP should step down for now to allow proper investigations.

    • +1
      0
      vote

      You have struck the nail on the head @shameless. These are contributions that build. You actually said what i had in mind. Thank you @Shameless.

    • +4
      0
      vote

      What a nation!
      In a christian country you break the law and one of the ten comandments by killing someone but you still get to be called a lawmaker! But try to insult the president or stand for president you and your family will know what teagas is and why some places are called Chimbokaila!

    • vote

      The old constitution gave 6 months for any reason leading to lack of representation in Parliament. With Lungu’s Constitution, I am pretty sure Mukata can put off going to jail until 2021. Even if convicted in the High Court, he will appeal to the Supreme Court where cases can drag on for even 10 years.

    • +1
      -1
      vote

      INNOCENT UNTIL PROVEN GUILTY – THE RULE OF LAW.
      ====================
      I wonder why people ain’t calling ECL to intervene!
      I guess, all animals are equal, yet some are more equal than others. 😉

  1. +1
    -1
    vote

    We need to change our constitution. All cases must be bailable in order for the prison service to manage prison services well. Only repeat offenders should be remanded in custody for public safety reasons. Prison conditions are really terrible! Throwing everyone behind bars for whatever reason only congests our prisons and make them serious health hazards. We are all potential prisoners because of many Saddists in our communities!

  2. +1
    0
    vote

    Just call for a bye election, this man will be sentenced to death for killing an innocent poor man. No matter how hard you try to let him off the hook justice will be done. These are the lacunas that you morons in parliament should be dealing with and not the 2021nonsence tying to prolong our misery under this pathetic leadership of lose canons whose desire to be vindictive and cause mayhem.

  3. +1
    0
    vote

    meanwhile we have others who shot others and are now senior officials. why do we have double standards in this country? a crime knows no face hence offenders need to be treated equally

  4. +1
    0
    vote

    MP should amend such lacunas in the constitution urgently.a period of 6 month was fine.
    However,MPs in Zambia make no difference at all.Chilanga people will not miss anything because after winning,many MPs start hiding from voters.Prof.Nkandu Luo is nowhere to be seen in Munali,Hon.Kazhiya Mulenga is also not seen in Matero.the only MPs i see working are Harry Kalaba,Dr.Chitalu Chilufya,Dr.Kambwili,Bowman Lusambo,thats so.many others behave like how Hon.Davis Mwila used to do in Chipili (shuning the area after winning) until he was kicked out in 2016.These MPs do not learn.they become big headed after winning and distance themselves from voters!!!2021 is not far from now ba MP,you will cry!!
    For Keith Mukata,he asked for that so he must be jailed for killing a poor and innocent old man!!

  5. vote

    Now some villager crawled from a rock and petitioned UNDP MPs who walked out of Edward Lungu’s speech. Where are chilanga residents? Petition for bye elections, this guy is as good as a lag. He is gone!

  6. vote

    He should step down on moral grounds,if at all his a true leader. Besides,whom is he representing in Parliament?

  7. +1
    0
    vote

    I would like to express my displeasure for one Mushota in the strongest possible way but, since am in Zed i fear ZICTA can track me down and prosecute me for abusing social media so ndeloleshafye.

  8. vote

    Zambia stinks! So he has set a precedence! If you murder a person in Zambia, you remain free, walking around until proven guilty? Just because you leak state house? He should be in jail waiting trail. It is supposed to be un bailable offence. And his wife, how does she come in? Was she at the murder scene? Or she conspired to murder the poor soul from home! I am puking right now, Zambia smells too much.

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