Let Masumba resign as Mufumbwe MP, demands FODEP
File: Masumba just before he was taken to Prison after being convicted by the Magistrate Court
There is need for the convicted Mufumbwe PF Member of Parliament, Steven Masumba, to seriously consider the interests and needs of the electorates in Mufumbwe Constituency by resigning his position following the High Court’s decision to uphold his conviction.
Foundation for Democratic Process (FODEP) strong feels that Mr. Masumba’s continued stay as Mufumbwe MP despite his conviction but clinging on due to the weaknesses in the current “defective but functional” Constitution is a disservice to the people of Mufumbwe and an affront to representative democracy and the entire democratic process in Zambia.
In as much as the law does not allow him to vacate his seat until the court appeal process has been exhausted, Mr. Masumba has a moral duty and responsibility to value and respect the collective interests and needs of the people of Mufumbwe by resigning as MP by invoking the provisions of Article 71 (2) of the Current Republican Constitution which dictate that a member of the National Assembly can vacate his/her seat if he/she is sentenced to imprisonment for a term not exceeding six months. This will facilitate the holding of a parliamentary by-election so that another person is elected to effectively represent the people of Mufumbwe for the remaining two years before 2016 while he fights his legal battles as an ordinary person.
However, FODEP is also alive to the provision of Article 71(3) which allows a convicted MP to continue “occupying” the seat until the final determination of the court appeal process despite being a “duck on ice”. It states, “notwithstanding anything contained in clause 2 where any member of the National Assembly has been sentenced to imprisonment …appeals against the decision or applied for a free pardon… the decision shall not have any effect for the purpose of this until the final determination of such appeal or application provided that:
- Such member shall not, pending such final determination, exercise his functions or receive any remuneration as a member of the National Assembly;
- If, on the final determination the member’s appeal or application, his conviction is set aside or granted a free pardon…he shall be entitled to resume his functions as a member of the National Assembly…”
It seems that Mr. Masumba is banking on the provision of clause 3(ii) at the expense of effective representation and service delivery to the people of Mufumbwe which does not put him in good standing as a good leader who should take the interests of his people rather than pursuing a path of self-preservation.
With the foregoing, FODEP appeals to Mr. Masumba’s conscience and avoid being selfish by clinging on to the parliamentary seat whose duties he cannot discharge effectively due to his conviction. His failure to resign has neither economic nor political benefit to him but only deprives the people of Mufumbwe of the much needed development through effective parliamentary representation.
McDonald Chipenzi
EXECUTIVE DIRECTOR