RULING ON A POINT OF ORDER RAISED BY MR M MUTELO, MEMBER OF PARLIAMENT FOR MITETE CONSTITUENCY AGAINST MR M ZULU, MEMBER OF PARLIAMENT FOR LUMEZI CONSTITUENCY ON WHETHER HE WAS IN ORDER TO INTERRUPT THE HOUSE BY ATTEMPTING TO DEBATE WITHOUT GIVING PRIOR NOTICE WHEN THE HON MADAM SPEAKER HAD PUT A QUESTION FOR ADJOURNMENT

Hon Members will recall that on Friday, 17th June, 2022, when the House was considering the Report of the Committee on Energy, Water Development and Tourism and Mr W Mwambazi, Member of Parliament for Bwana Mkubwa Constituency was debating, Mr M Mutelo, Member of Parliament for Mitete Constituency, raised a Point of Order. 

In his Point of Order, Mr M Mutelo, MP, inquired whether Mr M Zulu, Member of Parliament for Lumezi Constituency was in order to attempt to debate without giving prior when the Hon Madam Speaker had put a question for adjournment of the House, when he had not given notice of the business he had intended to transact as required by Standing Order 86 (1).
Hon Members, in my immediate response, I reserved my ruling in order to study the matter. I have since studied it, and will now render my ruling.

Hon Members, the Point of Order raises the issue of a Member rising to speak, without giving prior Notice, after the question for adjournment is put to the House. 
Hon Members, as you are aware, the National Assembly of Zambia Standing Orders, 2021, are the primary rules that regulate the proceedings of this House. In this regard, Mr M Mutelo, MP’s Point of Order was premised on Standing Order 86 which provides for “Time for submission of Notice”. Standing Order 86 states as follows:
“86. (1) A notice required to be given under these Standing Orders may be given by delivering a fairly written copy, subscribed with the full name and signature of the Vice-President, minister, or a member giving it, to the office of the Clerk during the normal office hours. 
(2) A notice delivered before 13:00 hours on a working day shall be deemed to have been given on that day. 
(3) A notice delivered after 13.00 hours shall be deemed to have been given on the next working day. 
Hon Members, the import of this Standing Order is that any Member who wishes to debate a motion, in the House, is required to lodge a notice of motion with the Office of the Clerk of the National Assembly in advance. However, Standing Order 85 of the National Assembly of Zambia Standing Orders, 2021, provides for exceptions. Standing Order 85 states that-
“85. Every motion requires notice except a motion- 
(a) for the adjournment of the House;” 
(b)  for which notice is dispensed with by leave of the House; 
(c)  dependent on an Order of the Day or on another motion; and 
(d) for the suspension of a member.” 
The import of Standing Order 85 is that a motion for the adjournment of the House does not require notice.  Therefore, when the Speaker put a question for adjournment on 16th June, 2022, Mr M Zulu, MP, was not required to have lodged a Notice of Motion pursuant to Standing Order 86 of the National Assembly of Zambia Standing Orders, 2021.

However, the question for adjournment is never debated.  It is put to enable the House adjourn on its own resolution.  It also enables the House to adjourn at the times prescribed in Standing Order 27.

Therefore, Hon Members, allowing debate on the question for adjournment would abrogate Standing Order 27, which prescribes the automatic adjournment times of the House.

In this regard, Mr M Zulu, MP, was out of order.

I thank you.