Ruling by Hon. Madam Speaker - On a Point by Mr. C Miyutu, MP, against Mr. G Lubinda, acting President of Patriotic Front

RULING BY THE HON MADAM SPEAKER ON THE POINT OF ORDER RAISED BY MR C MIYUTU, MEMBER OF PARLIAMENT FOR KALABO PARLIAMENTARY CONSTITUENCY AGAINST MR G LUBINDA, ACTING PRESIDENT OF THE PATRIOTIC FRONT POLITICAL PARTY ON WHETHER MR G LUBINDA WAS IN ORDER TO UTTER DISRESPECTFUL STATEMENTS AGAINST THE HON MADAM SPEAKER DURING A PRESS CONFERENCE HELD ON WEDNESDAY, 8TH DECEMBER, 2021
 
 
Hon Members I have a ruling to render against Mr Given Lubinda an outsider who was found in breach of parliamentary privilege and in contempt of the House by the Committee on Privileges and Absences. Following its finding, the Committee recommended that Mr Given Lubinda be reprimanded at the Bar of the Assembly in accordance with section 28(4) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia.Section 28 (4) states as follows:
 
“28. (4) If a person, not being a member, is found to have committed contempt, whether specified in section nineteen or otherwise, the Speaker shall order the person to appear before the Assembly and the Speaker shall, upon attendance, admonish orreprimand the person at the Bar of the Assembly.”
 
In accordance with this provision, Mr Given Lubinda was summoned to appear before the House today. He, however, has elected not to appear before the House in disregard of the summons. I will nonetheless proceed to render the ruling. Further, since Mr Lubinda has failed to appear before the House despite being summoned, the matter will be dealt with in accordance with section 11A of the National Assembly (Powers and Privileges) Act which provides as follows:
 
“A person summoned by the Assembly or a committee under section eleven and who fails, without reasonable cause, to attend before the Assembly or the committee at the time and place specified in the summons commits an offence and is liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three months, or to both.”
 
I now proceed to render the ruling.Hon Memberswill recallthaton Wednesday, 8th December, 2021, when the House was considering a private member’s motion moved by Mr C C Kang’ombe, Member of Parliament for Kamfinsa Parliamentary Constituency, and Mr G Mwila, Member of Parliament for Mufulira Parliamentary Constituency, had just finished debating, Mr C Miyutu, Member of Parliament for Kalabo Parliamentary Constituency raised a Point of Order. The Point of Order was against Mr G Lubinda, Vice-President of the Patriotic Front political party (PF), and was based on a statement allegedly uttered by Mr G Lubinda at a PF press conference which, Mr C Miyutu, MP, said, was covered by various media houses, including Muvi Television.
 
In his Point of Order, Mr C Miyutu, MP, alleged that, at the press conference, Mr G Lubinda was quoted to have said the following in reference to the Speaker:
 
“A social studies pupil is more informed than the current Speaker of the House.”
 
Mr C Miyutu, MP, further stated that according to section 19 (d) of the National Assembly (Powers and Privileges) Act no one was allowed to demean the Speaker.
 
I referred the complaint to the Committee on Privileges and Absences for hearing and determination.
 
Hon Members, in line with parliamentary practice and procedure and in accordance with the rules of natural justice, on 21st December, 2021, the Office of the Clerk of the National Assembly wrote to Mr Given Lubinda requesting him to confirm whether or not the alleged statement was correctly attributed to him. In response, Mr Given Lubinda requested for further and better particulars regarding the letter written to him by the Office of the Clerk. In particular, he requested the Office of the Clerk or Mr C Miyutu, MP, to state which media house(s) is or are alleged to have quoted him, before he could comment on the allegation.
 
On 2nd March, 2022, the Office of the Clerk informed Mr Given Lubinda, that one of the media houses that covered the press conference was Muvi Television and subsequently, requested him to appear before the Committee on Privileges and Absences. In response, by a letter dated 3rd March, 2022, Mr G Lubinda requested the Office of Clerk to avail the publication that was produced by Muvi Television to enable him study it and make an informed response. Following that response, the Office of the Clerk transcribed the relevant portion of the statement and sent it to Mr G Lubinda for confirmation on whether the statement was correctly attributed to him. By a letter dated 11th March, 2022, Mr Given Lubinda stated that the transcription was not correctly attributed to him.
 
Furthermore, the Office of the Clerk wrote to Muvi Television requesting the station for footage of the press conference. The station availed the office with the footage.
 
The House may wish to note that the Point of Order raised by Mr C Miyutu, MP, raises the issue of a person committing contempt of the House by making statements that are disrespectful to the Speaker.
 
Hon Members, as you are aware the National Assembly (Powers and Privileges) Act, is instructive in this regard. It provides, in section 19 (d) and (e) as follows:
 
“19. Any person shall be guilty of an offence who-
(d) shows disrespect in speech or manner towards the Speaker; or
(e) commits any other act of intentional disrespect to or with reference to the proceedings of the Assembly or to any person presiding at such proceedings.”
 
Further, eminent writers on parliamentary practice and procedure, S L Shakdher and M N Kaul in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016,) state, at page 304, 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 …
 
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.”
 
Furthermore, Erskine May, in his book entitled Parliamentary Practice, Twenty-second Edition, at page 123 states that:
“….reflections on the character of the Speaker or accusations of partiality in the discharge of his duties and similar charges against the Chairman of ways and means….have attracted penal powers of the Commons.”
 
The erstwhile Speaker, Hon Mr Amusaa Mwanamwambwa, had occasion to rule on a similar matter in the case of Antonio Mwanza and Stanford Kabwata (Parliamentary Debates of the Fourth Session of the Tenth National Assembly 29th June - 6th August, 2010, page 959 - 967).  This was in a matter where Ms Josephine C Mumbi-Phiri, then Member of Parliament for Munali Parliamentary Constituency raised a Point of Order against Hon V J Mwaanga, then Government Chief Whip, on whether he was in order to keep quiet regarding disparaging statements that were made by two outsiders during a live broadcast on Muvi Television casting aspersions on the Speaker. 
 
The matter was referred to the Committee on Privileges, Absences and Support Services for consideration. The Committee established that the duo’s utterances were disrespectful to the Speaker and amounted to an affront on his authority, which was a breach of privilege and contempt of the House. Upon realising the seriousness of the allegations against them, Mr S Kabwata unreservedly apologised to the Committee, whilst Mr A Mwanza showed no remorse. In that regard, the Committee resolved to admonish Mr Kabwata and to reprimand Mr A Mwanza. The Hon Mr Speaker ruled in line with the recommendations of the Committee.
 
From the foregoing authorities, it is clear that it is a breach of parliamentary privilege and contempt of the House for a person to make statements that are disrespectful to the Speaker or commit any other act of intentional disrespect to or with reference to the proceedings of the Assembly or to any person presiding at such proceedings.
 
Hon Members, the Committee on Privileges and Absences met and deliberated on the matter on Thursday, 24th March, 2022. During its deliberations, the Committee had recourse to the relevant Muvi Television footage, the Point of Order and the correspondence between Mr Given Lubinda and Office of the Clerk. Additionally, Mr M Phiri, Director (Administration) and Mr I Phiri, News Editor/Reporter both of Muvi Television Station appeared to authenticate the video footage.
 
Hon Members, after considering the television footage, the Point of Order and the correspondence between Mr Given Lubinda and Office of the Clerk, the Committee established the following:
 
(i) That during his press conference at the Patriotic Front Party Secretariat broadcast on Muvi Television, Mr Given Lubinda, made a statement that was contemptuous to the Hon Madam Speaker and the House.
 
(ii) That despite the Committee bringing it to Mr Given Lubinda’s attention that his statement wascontemptuous, he decided not to address the matter but instead dwelt on the words used by Mr C Miyutu, MP, when raising the Point of Order as not being accurately quoted.
 
(iii) That even though, the words in the Point of Order were not quoted word for word, Mr Given Lubinda’s statement at the press conference was contemptuous to the Hon Madam Speaker and the House.
 
The Committee, therefore, found that the statement by Mr Given Lubinda, made at the press conference, was disrespectful to the House and the Hon Madam Speaker in particular. The Committee, in this regard, found Mr Given Lubinda, in breach of Parliamentary privilege and in contempt of the House.
 
Hon Members, in arriving at the punishment to mete out to Mr GivenLubindathe Committee noted that the offence committed by Mr GivenLubindawas seriousbecause the statement made at the press conference was broadcast to the entire nation.In addition, the Committee considered the fact that despite being guided and written to several times, Mr GivenLubinda did not appear to respond to the alleged contemptuous statement made against the Hon Madam Speaker,but rather dwelt on a sentence that was used to raise the Point of Order.
 
MrGivenLubinda, was adamant that the statement he made at the press conference against the Honourable Madam Speaker wasnot contemptuous. Further, Mr GivenLubindadid notshow any remorse for his conduct, especially that he refused to appear before the Committee.
 
The Committee, therefore, resolved that Mr G Lubinda, MP, be reprimanded at the Bar of the Assembly in accordance with section 28(4) of the National Assembly (Powers and Privileges) Act.
 
Hon Members, although Mr Given Lubinda is not present in the House, I will proceed to reprimand him in absentia as resolved by the Committee on Privileges and Absences.
 
Mr Given Lubinda, the House is extremely displeased with your conduct at a press conference held by the Patriotic Front Party onWednesday, 8thDecember, 2021.At the said press conference, you made contemptuous remarks that did not only show disrespect to my office, but also demeaned the dignity and decorum of this august House. Such conduct is unacceptable and unbefitting your status as a person who served this House for a long period both as a backbencher and Hon Minister.
 
I urge you toendeavour to abide by the rules of this House and desist from such misconduct in future. 
 
 
I THANK YOU.
 
_______________________
Ruling Date: 
Wednesday, June 15, 2022