LAZ Honorary Secretary Linda Kasonde in a statement issued to QFM News states that the Constitution clearly states that where a convicted Member of Parliament has appealed against conviction to a higher court, he cannot perform his functions as an MP and cannot receive any remuneration as a member of the National Assembly.
Ms Kasonde says Mr Muteteka should therefore reconsider his position seriously and put the interest of the people of Chisamba ahead of his own so that they are not denied their constitutional right to be represented in the National Assembly for a long time, possibly even up to 2016.
She says this is in view of the fact that matters in Court at times take long to conclude.
Ms Kasonde states that Mr Muteka cannot perform his duties with dignity and that his continuing to serve in the National Assembly would be a clear affront to justice and to the provision of the constitution.
Article 71(2)(e) of the Zambian Constitution states that a Member of the National Assembly shall vacate his seat in Parlaiement, where among other causes, he is sentenced by a court in Zambia to death,or to imprisonment, by whatever name called, for a term exceeding six months. The constitution further states in article 71(3) that where a convicted person appeals against the decision of the Court,the requirement to vacate one’s seat as MP shall not have effect until the final determination of such appeal.
Meanwhile the Law Association of Zambia has assured the Voluntary Separatees Association of Zambia (VSAZ) the Disciplinary Committee and the Legal Practitioners’ Committee are attending to their complaints relating to the dues of their members.
Ms Kasonde says LAZ is committed to achieving its objectives which among others include,to maintain and improve the standards and conduct of all members of the legal profession.
The complaints by the Voluntary Separatees Association of Zambia involve lawyers Nelly Mutti,Rabson Malipenga and Henry Chanda.