Ruling by the Hon.Madam First Deputy Speaker - On the Complaint by Hon. G G Nkombo, MP, against Mr. Munir Zulu, MP for Lumezi, for making false allegations against him on KBN Televsion based on a Ministerial Statement he issued

RULING BY THE HON MADAM FIRST DEPUTY SPEAKER ON THE COMPLAINT BY HON G G NKOMBO, MP, MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT AGAINST MR M ZULU, MEMBER OF PARLIAMENT FOR LUMEZI PARLIAMENTARY CONSTITUENCY, FOR MAKING FALSE ALLEGATIONS AGAINST HIM ON KBN TELEVISION BASED ON A MINISTERIAL STATEMENT HE ISSUED ON THE STATUS OF DEBTS ACCRUED ON FEEDER AND TOWNSHIP ROADS
 
 
I order Mr M Zulu, Member of Parliament for Lumezi Parliamentary Constituency, to go and stand behind the bar of the House. I also instruct the Sergeant-At-Arms to take the Speaker’s mace and go and stand behind Mr M Zulu, MP.
 
Hon Members, I wish to inform the House that on Thursday, 2nd December, 2021, my office received a letter of complaint from Hon G G Nkombo, Minister of Local Government and Rural Development, against Mr M Zulu, MP. In the complaint, Hon G G Nkombo, MP, alleged that on Wednesday, 1st December, 2021 Mr Munir Zulu, MP, made false allegations against him on KBN Television based on a Ministerial Statement on Feeder Roads that he delivered in the House. Hon G G Nkombo, MP, explained that Mr M Zulu, MP, accused him of having laid false information before the House and of being a liar.  He added that this had injured his persona.  The Hon Madam Speaker referred the complaint to the Committee on Privileges and Absences for consideration.
 
Hon Members, in line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly wrote to Mr M Zulu, MP requesting him to state his side of the story. However, despite numerous reminders, Hon M Zulu, MP, did not respond to the letter. Furthermore, the Office of the Clerk wrote to KBN Television requesting the station for footage of the interview. The station availed the office with the footage. 
 
The complaint raises the issue of a member making allegations imputing a motive to or questioning the character or reputation of another member.
Hon Members, as you are aware, the National Assembly of Zambia Standing Orders, 2021, regulate the proceedings of this House. In this regard, Standing Order 207 states as follows:
“207. (1) Contempt of the House refers to an act, omission, or conduct which obstructs or impedes either the House or members or officers in the discharge of their duties.
(2) In addition to instances under Section nineteen of the National Assembly (Powers and Privileges) Act, the following, may constitute contempt of the House:
(a) a speech or writing reflecting negatively on the House or members.”
Additionally, eminent authors M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, at page 304, state as follows:
“It is a breach of privilege and contempt of the House to make speeches, or to print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any member of the House for or relating to his character or conduct as a member of Parliament….
Speeches and writings reflecting on the House or its committees or members are punished by the House as contempt on the principle that such acts “tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them.”
 
From the foregoing authorities, it is clear that it is a breach of parliamentary privilege and contempt of the House for a member to make a speech reflecting negatively on the character of another member.
 
The Committee on Privileges and Absences met and deliberated on the matter on Thursday, 10th March, 2022. During its deliberations, the Committee had recourse to the relevant KBN Television footage, and a copy of the Ministerial Statement made by Hon G G Nkombo, MP, on which Mr M Zulu, MP’s allegations were based. Hon G G Nkombo, MP and Mr M Zulu, MP, also appeared before the Committee.  Additionally, the acting Chief Executive Officer of KBN Television Station, Mr Tato Simaataa, appeared to authenticate the video footage.
 
Hon Members, after considering the television footage, a copy of the Ministerial Statement, and submissions from the two parties, the Committee established the following:
(i) That, in his Ministerial Statement, Hon G G NKombo, MP, said that between 2016 and 2021 the Government had entered into contracts for 1,909 kilometres of feeder roads in Eastern Province;
 
(ii) That during his interview on KBN Television, Mr M Zulu, MP, accused Hon G G Nkombo, MP, of lying on the Floor of the House that Eastern Province received 1,909 kilometres of feeder roads in the last ten (10) years; and
 
(iii) That despite the Committee bringing it to Mr M Zulu, MP’s, attention that his statement was at variance with the statement in the Ministerial Statement, because the Ministerial Statement referred to contracted kilometres and not completed kilometres, Mr M Zulu, MP, insisted that Hon G G Nkombo, MP, had presented false information to the House.
 
The Committee, therefore, found that the statement by Mr M Zulu, MP, on KBN Television, that the Minister had said that Eastern Province had received 1,909 kilometres of feeder roads was at variance with the hon Minister’s statement on the Floor of the House that the Government had entered into contracts for 1,909 kilometers for Eastern Province. The, Committee, thus, found that Mr M Zulu, MP’s statement on KBN Television that Hon G G Nkombo, MP, had lied on the Floor of the House was untrue. The Committee further found that Mr M Zulu, MP’s continued reference, during the interview, to Hon G G Nkombo, MP, as having lied to the House had the potential to cause irreparable damage to Hon G G Nkombo, MP’s persona.  The Committee, in this regard, found Mr M Zulu, MP, in breach of Parliamentary privilege and in contempt of the House.
 
Hon Members, in arriving at the punishment to mete out to Mr M Zulu, MP, the Committee noted that the offence committed by Mr M Zulu, MP, was serious because the statement made on KBN Television was broadcast to the entire nation.  In addition, the Committee took into account the fact that despite being guided that the statement he had accused Hon G G Nkombo, MP, of making was different from the one he had made in his Ministerial Statement, Mr M Zulu, MP, was adamant that Hon G G Nkombo, MP, had given false information to the House. Further, Mr M Zulu did not show any remorse for his conduct. 
 
The Committee, therefore, resolved that Mr M Zulu, MP, be directed to apologise to the Assembly in accordance with section 28(1) (d) of the National Assembly (Powers and Privileges) Act.
 
Therefore, in accordance with the resolution of the Committee on Privileges and Absences, I now direct you, Mr M Zulu, MP, to render an apology to the House and Hon G G Nkombo, MP, in particular.
 
I thank you.
 
 
 
Ruling Date: 
Wednesday, March 23, 2022