Ruling by the Hon. Madam Speaker - On the Point of Order raised by Mr Golden Mwila MP, against Hon. Warren Mwambazi, MP

RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR GOLDEN MWILA, MEMBER OF PARLIAMENT FOR MUFULIRA PARLIAMENTARY CONSTITUENCY, AGAINST MR WARREN C MWAMBAZI, MEMBER OF PARLIAMENT FOR BWANA MKUBWA PARLIAMENTARY CONSTITUENCY AND CHAIRPERSON OF THE PUBLIC ACCOUNTS COMMITTEE (PAC), ON WHETHER HE WAS IN ORDER TO CONTINUE CHAIRING MEETINGS OF THE COMMITTEE WHEN A COMPANY HE IS ALLEGED TO HAVE AN INTEREST IN, HAS BEEN SUMMONED TO APPEAR BEFORE THE PUBLIC ACCOUNTS COMMITTEE IN CONNECTION WITH THE SUPPLY OF COVID-19 ITEMS TO THE DISASTER MANAGEMENT AND MITIGATION UNIT (DMMU) 

Hon Members will recall that on Wednesday, 2nd March, 2022, when the House was considering Question for Oral Answer No. 246, and Hon Paul C C Kabuswe, Minister of Mines and Minerals Development had just concluded responding to a follow up question, Mr Golden Mwila, Member of Parliament for Mufulira Parliamentary Constituency, raised a Point of Order against Mr Warren C Mwambazi, MP, the Chairperson of the Public Accounts Committee (PAC).  

In his Point of Order, Mr Mwila, MP, raised concern on whether Mr Mwambazi, MP, was in order to continue chairing meetings of the Public Accounts Committee, when he was allegedly linked to one of the companies that had been summoned by PAC, on queries on the supply of COVID-19 items to the Disaster Management and Mitigation Unit (DMMU). 

Hon Members, in my immediate response, I reserved my ruling in order to conduct a thorough investigation on the matter. The investigation has since been conducted, and I will now render my ruling. 

Hon Members, the Point of Order raises the issue of a Member having a pecuniary interest in a matter before the House or a Committee vis-a-vis their participation in proceedings on the matter. 

Hon Members before I proceed, let me acquaint the House with background information on the Point of Order. As was indicated in the Point of Order, PAC commenced sittings on Monday, 28th February, 2022, to consider the Report of the Auditor-General on the Audit Report on the Utilisation of Corona Virus Disease (Covid-19) funds from July, 2020 to October, 2021. During its sitting, the Disaster Management and Mitigation Unit (DMMU) was summoned to appear before PAC, to provide clarity on some of the irregularities raised in the Auditor-General’s Report regarding utilisation of the Covid-19 funds. However, some of the queries were not clarified by representatives of DMMU. In this regard, the Committee resolved that the contractors who had supplied the Covid-19 materials should be requested to accompany the DMMU representatives when they next appeared before PAC. It is in this regard that, Mr Mwila, MP, raised the Point of Order. 

Hon Members, the Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of Zambia, and our own Standing Orders provide guidance on the subject of a Member having pecuniary interest in a matter before the House or a Committee. 

In this regard, section 5 of the Act provides as follows:
“5. A Member shall not speak in the National Assembly, or in a committee thereof, on a matter in which he has a direct pecuniary interest unless he has disclosed the nature of that interest to the Assembly or Committee.”

Further, Standing Order 155 of the National Assembly of Zambia Standing Orders, 2021, augments this statutory provision on the requirement for a Member to disclose pecuniary interest, as it provides as follows:

“155. (1) A member shall not, in the House or in a committee of the House, vote upon any matter in which he has a direct or indirect pecuniary interest.”
Additionally, eminent authors on parliamentary practice and procedure, M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, at page 347, state as follows:

“A member having a personal, pecuniary or direct interest in a matter before the House is required, while taking part in the proceedings on that matter, to declare the nature of that interest.”

Furthermore and appropriate to this case, Standing Order No. 171 (2) gives guidance on the manner that a Chairperson should preside over meetings of a committee. It states that: 

“171. (2) The committee chairperson shall act fairly and impartially in discharging the duties of chairperson."
 
Hon Members, the import of these authorities is that a Member, in the House or Committee of the House, is required to disclose his or her pecuniary interest in any matter under consideration at the earliest possible time in order to avoid conflict of interest. Upon declaring of such interest, that Member is not precluded from participating in the proceedings of the House or a Committee on the matter. However, where such matter is subjected to a vote, our Standing Order No. 155 prohibits the Member having a pecuniary interest from voting on the matter.

Hon Members, in view of the foregoing, if, indeed, Mr Mwambazi, MP, has a pecuniary interest, whether direct or indirect, in one of the companies that have been summoned to appear before PAC, as alleged, then Mr Mwambazi, MP, is obligated to disclose that interest to the Committee. Further, once the interest is declared, Mr Mwambazi, MP, will not be precluded from participating in the proceedings of the Committee. However, in the event that a question is put to a vote, he will be precluded from taking a vote on that matter. 

Finally, if, indeed, he has an interest in one of the companies summoned by PAC, then based on Standing Order 171 (2), Mr Mwambazi, MP, should recuse himself from presiding over the PAC meetings, but continue to participate as an ordinary Member of Parliament, during the consideration of the Auditor-General’s queries on the procurement of COVID-19 materials.  

I THANK YOU.

Ruling Date: 
Wednesday, March 9, 2022