RULING BY THE HON MADAM FIRST DEPUTY SPEAKER ON FIVE PATRIOTIC FRONT PARTY MEMBERS OF PARLIAMENT WHO PARTICIPATED IN THE DISRUPTION OF THE PROCEEDINGS OF THE HOUSE ON TUESDAY 30TH NOVEMBER, 2021 BUT WERE EXCLUDED FROM MY RULING OF 15TH MARCH 2022 DUE TO THEIR ABSENCE FROM THE HOUSE FOLLOWING A RULING RENDERED BY THE HON MADAM SPEAKER ON 7TH DECEMBER 2021 

 

Hon Members, the House will recall that on Tuesday, 15th March 2022, I rendered a ruling which resulted in the suspension of thirty (30) Patriotic Front (PF) Members of Parliament for participating in a protest in the Chamber on Tuesday, 30th November, 2021.

 

In my ruling, I excluded five (PF) Members of Parliament who had participated in the protest, but who were, at the time, barred from participating in the business of the House. This followed a ruling by the Hon Madam Speaker rendered on Tuesday, 7th December, 2021, in which all Members of Parliament whose seats had been nullified by the High Court, but had appealed to the Constitutional Court were barred from participating in the proceedings of the House until the nullification of their seats was overturned by the Constitutional Court.

 

The following are the Members who were excluded from my ruling:

 

1. Mr T Chewe, MP,

2. Mr B C Lusambo, MP;

3. Mr M Kafwaya, MP;

4. Mr J Malanji, MP; and

5. Mr L Simumba. MP

 

Hon Members, on Tuesday 22nd March, 2022, the Constitutional Court rendered a judgment in the matter of the Law Association of Zambia v Attorney-General 2021/CCZ/0051. In the judgment, the Court held that a Member of Parliament whose election had been nullified by the High Court, but had appealed to the Constitutional Court, by operation of the law, retained his or her seat pending determination of the appeal by the Constitutional Court. Following this judgment, all Members of Parliament who had appealed against the nullification of their election returned to the House on Tuesday, 22nd March, 2022.  

 

In view of this, and in line with my ruling in which thirty (30) Members of the Patriotic Front who participated in the protest in the Chamber were suspended for thirty (30) days,  I now put the question, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House:  The Question is, that the House suspends the five (5) Patriotic Front Members of Parliament that participated in the protest in the Chamber for a period of thirty (30) days from today Wednesday, 23rd March to Thursday, 21st April, 2022.

 

As many as are of that opinion say ‘Aye’;

 

(Pause)

 

Of the contrary say ‘No’;

SCENARIO 1

 

I think the ‘Ayes’ have it. [Pause]. The ‘Ayes’ have it. The question is resolved in the affirmative.

 

Hon Members, before you take the walk of shame, I wish to inform you that in accordance with section 28 (3) of the National Assembly (Powers and Privileges) Act, during the period of your suspension, you shall not:

 

(i) enter the precincts of the Assembly, and this extends to the National Assembly Motel;

(ii) participate in an activity of the Assembly or any committee that you are assigned in, in your capacity as Member of Parliament; and

(iii) be paid the salary or allowance that you are entitled to as a member.

 

I now order; Mr T Chewe, MP, Mr B C Lusambo, MP, Mr M Kafwaya, MP, Mr J Malanji, MP and Mr L Simumba, MP, to immediately leave the proceedings of the House on thirty (30) days suspension. Those in the Chamber should leave through the Main Entrance of the Chamber. Those attending from designated committee rooms should immediately leave the committee rooms. Those logged into the proceedings via Zoom should immediately log out.  I further instruct the ICT officers to ensure that all the five (5) suspended members are logged out of the system.

 

I THANK YOU.

________________

 

SCENARIO 2

 

As many as are of that opinion say ‘Aye’;

 

(Pause)

 

Of the contrary say ‘No’;

 

I think the ‘Noes’ have it. [Pause]. The ‘Noes’ have it. The question is negatived.

 

I THANK YOU.