RULING BY THE HON MADAM SPEAKER ON THE COMPLAINT BY HON B M MUNDUBILE, LEADER OF THE OPPOSITION AND MEMBER OF PARLIAMENT FOR MPOROKOSO CONSTITUENCY, AGAINST HON S MULUSA, GOVERNMENT CHIEF WHIP AND MEMBER OF PARLIAMENT FOR SOLWEZI CENTRAL CONSTITUENCY, FOR THE COMMENTS ATTRIBUTED TO HIM IN AN ARTICLE ENTITLED “PATRIOTIC FRONT MEMBERS OF PARLIAMENT COME TO PARLIAMENT DRUNK” PUBLISHED IN THE NEWS DIGGERS NEWSPAPER, ISSUE NO 1094, DATED THURSDAY, 2ND DECEMBER, 2021

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Hon Members, I wish to bring to the attention of the House that on Tuesday, 7th December, 2021, my office received a letter of complaint from Hon B M Mundubile, Leader of the Opposition and Member of Parliament for Mporokoso Constituency, against Hon S Mulusa, Government Chief Whip and Member of Parliament for Solwezi Central Constituency. The complaint emanates from an article that was published in the News Diggers newspaper, dated 2nd November, 2021, entitled “Patriotic Front Members of Parliament come to Parliament drunk”. In the article, Hon S Mulusa, MP, was alleged to have uttered the following words:

 

“For some of those people like my brother Honourable [Nickson] Chilangwa, I think most of them are coming drunk.  We have a bar there, so the behaviour is not just normal behaviour.  They are coming prepared to just say, ‘let us go and do this,’ but we are handling them and we hope that they will change along the way so that they get used to the opposition.”

 

Hon Members, Hon B M Mundubile, MP, alleged that the words attributed to Hon S Mulusa, MP, in the newspaper article, were not only demeaning, but also amounted to a breach of privilege and contempt of the House. He further stated that the words were meant to create a public perception that members of the Patriotic Front (PF) political party were drunkards who went to the House with the sole purpose of disrupting proceedings.

 

Hon Members, I referred the complaint to the Committee on Privileges and Absences for further investigations.

 

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, the Office of the Clerk wrote to Hon S Mulusa, MP, requesting him to state his side of the story. In response, Hon S Mulusa, MP, stated that on the day that Mr N Chilangwa, MP, stood without permission and challenged the Hon Mr Second Deputy Speaker, he had come from the bar at Parliament Buildings, where Hon S Mulusa, MP, had seen him consuming alcohol with others. He stated that it was on that basis that he realised that the courage exhibited by the Members of Parliament was influenced by alcohol. 

 

He concluded his letter by stating that it was not his intention to demean the Members of Parliament.  He added that his statement was particularly directed at Mr N Chilangwa, MP, and therefore, the heading in the article was not correctly attributed to him.  He, nonetheless, apologised to members of the PF who did not drink alcohol, but were indirectly affected by the newspaper heading.

 

The Office of the Clerk of the National Assembly also wrote to the Editor-in-Chief of the News Digger Newspaper requesting him to state whether the words complained of by Hon B M Mundubile, MP, were correctly attributed to Hon S Mulusa, MP.  In his response, the Editor-in-chief confirmed that the statement was correctly attributed to Hon S Mulusa, MP.

 

The House may wish to note that the complaint raised by Hon B M Mundubile, MP, raises the issue of a member committing a breach of parliamentary privilege or contempt of the House by making a disparaging or demeaning statement against another Member of Parliament. 

 

Hon Members, standing order 207 of the National Assembly of Zambia Standing Orders, 2021 is instructive on this issue. Standing Order 207 provides 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;...”

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…”

 

Hon Members, the Committee on Privileges and Absences met and deliberated on this matter on Thursday, 16th June, 2022. During its deliberations, the Committee had recourse to the letter of complaint and the responses from Hon S Mulusa, MP, and the Editor-in-Chief of the News Diggers newspaper. Further, both Hon B M Mundubile, MP, and Hon S Mulusa, MP appeared before the Committee and made oral submissions. 

 

Hon Members, after due consideration of the matter, the Committee established the following:

 

(i) That Hon S Mulusa, MP, did make disparaging remarks against Mr N Chilangwa, MP, and PF Members of Parliament; and

(ii) That Hon S Mulusa, MP, readily apologised for his conduct and was remorseful and, therefore, did not waste the Committee’ s time.

 

In that regard, the Committee found Hon S Mulusa, MP, in breach of parliamentary privilege and contempt of the House for making disparaging statements against Mr N Chilangwa, MP, and PF Members of Parliament.

 

Hon Members, in arriving at the punishment to be meted out to Hon S Mulusa, MP, the Committee noted that he did not waste its time as, in his letter of response, he readily apologised for the statement that was published in the newspaper and to the PF members who did not drink as well as the entire PF leadership. 

 

The Committee, therefore, decided to exercise leniency and resolved that Hon S Mulusa, MP, be given a formal warning in accordance with section 28(4) of the National Assembly (Powers and Privileges) Act.

 

Hon Members, I carefully considered the complaint and the recommendation of the Committee on Privileges and Absences. I agreed with the findings of the Committee that Hon S Mulusa, MP’s conduct amounted to a breach of parliamentary privilege.  I further endorsed the recommendation by the Committee that he be given a formal warning.  I have, therefore, since issued a formal written warning to him Hon S Mulusa, MP.

 

Hon Members, further, as you are aware, the Committee on Privileges and Absences is charged with, among others, assisting me maintain discipline in the House. In this vein, any member of the Committee that is found guilty of breaching the rules of the House loses his or her seat on the Committee. To this end, Standing Order 190(6) of the National Assembly of Zambia Standing Orders, 2021 states as follows:

 

“190. (6) Any member of the committee who is found guilty of misconduct shall lose his or her membership to the committee.” 

 

Hon Members, may wish to note that, Hon S Mulusa, MP, is a member of the Committee on Privileges and Absences. Therefore, in accordance with Standing Order 190 (6), Hon S Mulusa, MP, ceases to be a member of the Committee with immediate effect. The member to replace him on the Committee will be announced in due course.

 

I thank you.