THE Law Association of Zambia (LAZ) has urged MMD Chisamba Member of Parliament Moses Muteteka to resign following his conviction and subsequent five-year sentence slapped on him for the theft of a motor vehicle.
LAZ honorary secretary Linda Kasonde said in a statement in Lusaka yesterday that the honourable thing for Muteteka to do is to resign as his continued stay in the office after his conviction would amount to being disrespectful of justice and the provisions of the Constitution.
Ms Kasonde said Article 71(2) (e) of the Zambian Constitution stated that a member of the National Assembly should vacate his seat in Parliament where, among other causes, he was sentenced to death by a court in Zambia, or imprisonment, by whatever name called, for a term exceeding six months.
Ms Kasonde said also that Article 71(3) of the Constitution stated that where a convicted person appealed against the court’s decision, the requirement to vacate one’s sit as MP shall not have an effect until the final determination of such an appeal.
“The Constitution also adds that where such convicted MP has appealed to a higher court, he cannot perform his functions as an MP and he cannot receive any remuneration as a member of the National Assembly.
“LAZ, however, takes the view, that for as long as honourable Muteteka remains a convict, the honourable thing for him to do is to resign his position as MP. He cannot perform his duties with dignity and his continuing to serve in the National Assembly would be clear affront to justice and to the provisions of the Constitution,” she said.
Ms Kasonde said the Constitutional provision allowing a convicted MP to continue as such pending his appeals only worked well in a society where the court system was not inundated with many cases as was the case in Zambia.
“It is our position that honourable Muteteka reconsiders his position seriously and puts the interests of his Constituency ahead of his own so that they are not denied their constitutional right to be represented in the National Assembly for a long period, possibly even up to 2016,” she said.
Lusaka principal resident Magistrate Aridah Chuulu last week sent Muteteka to prison for five years for the theft of a Fuso truck belonging to his constituency.
Muteteka has since appealed against his conviction on grounds that Ms Chuulu misdirected herself in law and fact when she convicted him of the charge of theft of a motor vehicle and when she held that he fraudulently registered the vehicle in his name.
On Monday, Ms Chuulu granted Muteteka K2, 000 cash bail with two working sureties in the like sum in their own recognisance.
Meanwhile, LAZ has also assured the Voluntary Separatees Association of Zambia (VSAZ) and the public that the Disciplinary Committee and the Legal Practitioners’ Committee were attending to the complaints related to the VSAZ members’ dues
‘I think sometimes it’s not good force someone to resign’ so wasting energy politickin about resigning doesn’t pay at O. A person with morals will take upon him/her-self to resign but alas everything is bad look what is happening to a man of morals GBM
LAZ Pease start with Masumba who was convicted earlier
The only nation where criminals are honourables. Where on Earth have you heard convicts and serving criminal offences are in Parliament. Whether appeal does not mean they are not found guilty?
In deed a failed state.
This sounds more of Ms Kasonde’s personal opinion than the official position of LAZ. Moses is at liberty to abide by the provision of Article 71(3) of the constitution to keep his seat until all the due process of the law was exhausted, and there is nothing wrong with that. When did lawyers became preachers of morality? Madam Kasonde, have you considered what would happen if Moses resigned and later his conviction was overturned by the High Court? I thought we are all considered innocent until proved otherwise, and even then until all process of the law was complete.
LAZ and Ms Kasonde, much as there may be provisions in the law, there must also be procedures to be followed in requesting the Hon. MP to resign instead of rushing to the media like this one. You will also find yourself in a wanting predicament one day madam, use your internal channels and bring to the media the OUTCOME!!!!
The LAZ want to be seen to be consistent, they also asked Masumba to resign following his conviction. Had LAZ kept quiet on Muteteka, certain quarters of society would have criticised them.
If LAZ had asked Masumba to resign, has Masumba resigned? If Masumba has not resigned yet, then LAZ you as just a formality and toothless organization.
Yes at least they speakup