RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY HON J J MWIIMBU, MINISTER OF HOME AFFAIRS AND INTERNAL SECURITY AND MEMBER OF PARLIAMENT FOR MONZE CENTRAL CONSTITUENCY AGAINST HON B M MUNDUBILE, LEADER OF THE OPPOSITION AND MEMBER OF PARLIAMENT FOR MPOROKOSO CONSTITUENCY ON WHETHER HON B M MUNDUBILE, MP, WAS IN ORDER TO SUGGEST THAT HIS EXCELLENCY THE PRESIDENT, MR HAKAINDE HICHILEMA AWARDED CONTRACTS TO HIS FRIENDS WITHOUT PROVIDING EVIDENCE

Hon Members will recall that on Friday, 8th July, 2022, when the House was considering Question for Oral Answer No 355 and Mr K Chewe, Member of Parliament for Lubansenshi Constituency was debating, Hon J J Mwiimbu, Minister of Home Affairs and Internal Security, raised a Point of Order. 

In his Point of Order, Hon J J Mwiimbu, MP, inquired whether Hon B M Mundubile, Leader of Opposition and Member of Parliament for Mporokoso Constituency was in order to suggest that His Excellency the President, Mr Hakainde Hichilema, awarded contracts to his friends without providing evidence. 
Hon Members, in my immediate response, I reserved my ruling in order to study the matter. I have since studied the matter and will now render my ruling.
Hon Members, the Point of order raises the issue of a Member’s duty to ensure that the information he or she provides to the House, when debating, is factual and verifiable.

Hon Members may wish to note that Members’ freedom of speech and debate in the House is recognised and protected by the Constitution, Cap 1 of the Laws of Zambia, and the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia.

However, although the Constitution and the National Assembly (Powers and Privileges) Act, guarantee Members freedom of speech and debate in the Assembly, such freedom is subject to the rules of the House.  One such rule requires that the information a Member provides to the House, is factual, verifiable and substantiated. In this regard, Standing Order 65 (1) (b) of the National Assembly of Zambia Standing Orders, 2021 provides that-

“65. (1) A member who is debating shall – 
(a)…
(b) ensure that the information he or she provides to the House is factual and verifiable.”

Further, Chapter 3 of the National Assembly Members’ Handbook 2006 on “Rules of Debate,” states as follows:
“Members must not allege specific matters of fact as being true unless they are able to substantiate them.”

Hon Members, I had recourse to the verbatim record of the parliamentary proceedings for Friday, 8th July, 2022 during Her Honour the Vice-President’s Question Time, in order to determine whether the alleged statement was made by Hon B M Mundubile, MP.

Hon Members, the verbatim record reveals that Hon B M Mundubile, MP, made the following statement:

“Madam Speaker, Zambians are concerned about the manner in which the President has started awarding contracts to his friends using the single-sourcing mode or procurement, a practice he has previously condemned, labelling it ‘corruption’ or ‘abuse of office’.
Madam Speaker, a case in point is the recent engagement of Grant Thornton, a company in which the President has interests, and five other firms to audit domestic debt, an assignment that the Office of the Auditor-General could have easily undertaken. This is in addition to the earlier award to his friend of a contract to supply fertiliser worth US$50 million. Further, there is the secondment of Klynveld Peat Marwick Goerdeler (KPMG) Zambia and Mr Kazilimani, also his friend, as agents of Konkola Copper Mines (KCM) Plc. Finally, there is a US$100 million contract to construct health facilities in three provinces, namely the Western Province, the North-Western Province and the Southern Province, under the Ministry of Health whose procurement was shrouded in secrecy. “
Hon Members, the foregoing excerpt clearly shows that Hon B M Mundubile, MP, in his question to Her Honour the Vice-President on Friday, 8th July, 2022, alleged that the Republican President had awarded contracts to his friends and gave examples of the said contracts. However, Hon B M Mundubile, MP, did not lay any evidence on the Table of the House to verify and substantiate his allegation. As a result, his statement contradicted the rules of debate as provided in the National Assembly of Zambia Standing Orders, 2021 and the National Assembly Members’ Handbook 2006 requiring him to ensure that the information he presents on the Floor of the House is factual, verifiable and substantiated.  In that regard, Hon Mundubile, MP, was out of order.

Hon Members let me take this opportunity to apprise the House that, in the recent past, I have noticed, with concern, Hon Members making unverified and unsubstantiated statements on the Floor of the House. This is regrettable, given that the debates in the House are widely followed nationally through the radio, television, and on the internet.  It is, therefore, important that Hon Members should ensure that the information they submit to the House is factual, verifiable and substantiated, in order to avoid misleading the House and the public at large.

I thank you