RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR M JAMBA, MEMBER OF PARLIAMENT FOR MWEMBESHI CONSTITUENCY, AND A COMPLAINT BY MR F C CHAATILA, MEMBER OF PARLIAMENT FOR MOOMBA CONSTITUENCY, AGAINST MR M ZULU, MP, MEMBER OF PARLIAMENT FOR LUMEZI CONSTITUENCY, FOR USING INSULTING LANGUAGE ON THE FLOOR OF THE HOUSE

 

Hon Members I have a ruling to render against Mr M Zulu, Member of Parliament for Lumezi Constituency, who was found in breach of parliamentary privilege and in contempt of the House, on a Point of Order raised by Mr M Jamba, MP and a Complaint by Mr F C Chaatila, MP. As per our practice and procedure, a member who is found in breach of parliamentary privilege and contempt of the House, is required to be present in the House when the ruling is delivered. In that regard, Mr M Zulu, MP, was contacted by the Office of the Clerk to remind him to be present in the House, today, Friday, 7th October, 2022. However, Mr M Zulu, MP, elected to absent himself from the House. I will nonetheless proceed to render the ruling. 

 

Hon Members, the House will recall that on Wednesday, 5th October, 2022, when the House was considering the Motion to Abolish the Position of District Commissioner moved by Mr M Zulu, Member of Parliament for Lumezi Constituency, and Mr M Zulu, MP, was winding up debate, Mr M Jamba, Member of Parliament for Mwembeshi Constituency, raised a Point of Order. 

 

In his Point of Order, Mr M Jamba, MP, stated that the words uttered by Mr M Zulu, MP, when he was winding up debate on the Motion, were unpalatable and asked how the Hon Mr Second Deputy Speaker could allow him to utter such words.

 

In his immediate response to the Point of Order, the Hon Mr Second Deputy Speaker reserved his ruling to enable him study the matter. 

 

Further, on 6th October, 2022, my Office received a letter of complaint from Mr F C Chaatila, Member of Parliament for Moomba Constituency, on the same matter. In his complaint Mr F C Chaatila, MP, stated that on Wednesday, 5th October, 2022, Mr M Zulu, MP used unprintable and unparliamentary language when he was winding up his debate on the Motion to Abolish the Office of District Commissioner. 

He added that the use of unparliamentary language is not only contrary to the decorum and dignity of the House, but also prohibited under Standing Order 66 (2) of the National Assembly of Zambia Standing Orders, 2021. He, therefore, sought my indulgence on the matter. 

 

I have since reviewed the verbatim record of the proceedings for that day as well as the letter of complaint and will now render my ruling.

 

I wish to begin by addressing Mr M Jamba, MP’s, Point of Order. Hon Members, a review of the verbatim record revealed that Mr M Jamba, MP, in raising his Point of Order, did not cite the relevant Standing Order that had been breached by Mr M Zulu, MP, in his debate as required by Standing Order 131 (3). On that basis, the Point of Order is not admissible. 

 

With regard to Mr C F Chaatila’s complaint, in line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on 6th October, 2022, the Office of the Clerk wrote to Mr M Zulu, MP, requesting him to state his side of the story. In response, Mr M Zulu, MP, confirmed uttering the statement. He added that he had used the statement to metaphysically demonstrate that everyone in the House was an adult. 

 

Hon Members, the complaint by Mr F C Chaatila, MP, raises the issue of a Member using insulting language in the House. 

 

Hon Members, our rules on parliamentary etiquette prohibit the use of unparliamentary language in the House. To this effect, Standing Order 66 (1) states as follows:

 

“unparliamentary language refers to the use of offensive, provocative, insulting, threatening or obscene language in the House.”  

Hon Members, a review of the verbatim record shows that Mr M Zulu, MP, in winding up the debate on the motion to Abolish the Position of District Commissioner, used unparliamentary language as alleged in the complaint.

 

Hon Members, the rules of the House on etiquette and decorum, including the Standing Order that prohibits the use of unparliamentary language, were formulated to maintain discipline, decorum and the dignity of the House.  Therefore, Hon Members are called upon to, at all times, refrain from the use of obscene, unpalatable and generally unparliamentary language in their debates in the House.

 

Hon Members my predecessors have ruled several Members out of order, for using insulting language in the House. While unparliamentary language does not usually attract a stiff punishment, the language used by the Hon Member for Lumezi Constituency was extremely obscene, inappropriate and demeaning to hon Members of Parliament. Such conduct is totally unacceptable and should not be trivialised. 

 

Additionally, hon Members will recall that this is not the first time Mr M Zulu, MP, is committing a serious breach of the rules of the House. In March, 2022, the Committee on Privileges and Absences found him in breach of parliamentary privileges and in contempt of the House for making a statement that reflected negatively on a fellow Member of Parliament. Thus, on 23rd March, 2022, Mr M Zulu, MP, was directed to apologise to the House. Whilst rendering the apology to the House, Mr M Zulu, MP, misconducted himself. This matter too was referred to the Committee on Privileges and Absences for consideration. The Committee, once again, found him guilty of misconduct. As a result he was suspended for a period of ten (10) days. 

Hon Members, all this shows that the Hon Member is unrepentant and wants to bring this August House into odium, ridicule and disrepute. 

 

Hon Members, taking into account the gravity of the offence committed by Mr M Zulu, MP, and in view of the fact that Mr M Zulu, MP, is a repeat offender, I have, in exercise of my powers under section 28 (2) of the National Assembly (Powers and Privileges) Act, decided to suspend Mr M Zulu, MP, from the service of the National Assembly for a period of thirty (30) days.

 

Thus, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House, I now put the Question:  The Question is, that the House accordingly suspends Mr M Zulu, MP, for a period of thirty (30) days.

 

As many as are of that opinion say ‘Aye’;

 

Of the contrary say ‘No’; 

 

I think the ‘Ayes’ have it. The House resolves accordingly.

Hon Members, although Mr M Zulu, MP, is not present in the House, I will proceed to address him in absentia. 

 

Let me inform you that the House is extremely displeased with your conduct of using obscene, insulting and demeaning language on the Floor of the House.  As an Honourable Member of Parliament, you are expected to conduct yourself with utmost dignity. This is a House of honour, decorum and dignity and I am duty bound to ensure that the honour, decorum and dignity of the House is protected and preserved at all times.  I wish to reiterate that I will not tolerate gross indiscipline, and misconduct from you or any other Member.

 

Finally, I wish to inform you that in accordance with section 28 (3) of the National Assembly (Powers and Privileges) Act, during the period of your suspension, you shall not:

 

(1) enter the precincts of the Assembly and this extends to the National Assembly Motel;

(2) participate in any business or activity of the House or a committee to which you are assigned, in your capacity as a Member of the National Assembly; and 

(3) be paid a salary or allowance that you are entitled to as a Member.

I now order, Mr M Zulu, MP, to proceed on thirty (30) days suspension with effect from, today, Friday 7th October to Saturday 5th November, 2022, as resolved by the House.

 

I further direct the Chief Hansard Editor to expunge the obscene words used by Mr M Zulu, MP, from the Daily Parliamentary Debates of Thursday, 5th October, 2022.

 

I thank you.

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