Ruling by Hon. Madam Speaker - On a Point of raised by Mr. L Haamwata, MP for Pemba against Rev. G Katuta, MP for Chienge for making unsubstantiated allegation the govt used public resources to renote the President's private Residence

RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR LAMECK HAMWAATA, MEMBER OF PARLIAMENT FOR PEMBA CONSTITUENCY, RAISED ON THURSDAY, 3RD NOVEMBER, 2022, AGAINST REV. GIVEN KATUTA, MEMBER OF PARLIAMENT FOR CHIENGE CONSTITUENCY, FOR MAKING AN UNSUBSTANTIATED ALLEGATION THAT THE GOVERNMENT HAD USED PUBLIC RESOURCES TO RENOVATE THE PRESIDENT’S PRIVATE RESIDENCE

Hon Members will recall that on Thursday, 3rd November, 2022, when the House was debating Head 1 – Office of the President – State House and Rev G Katuta, Member of Parliament for Chiengi Constituency was debating, Mr L Hamwaata, Member of Parliament for Pemba Constituency, raised a Point of Order. 

In his Point of Order, Mr L Hamwaata, MP, inquired whether Rev G Katuta, MP, was in order to suggest that Community House, His Excellency the President, Mr Hakainde Hichilema’s, private residence was being renovated using public funds without providing evidence. 
Hon Members, in her immediate response, the Hon Madam Chairperson reserved her 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 Thursday, 3rd November, 2022 when the House resolved into a Committee of Supply and was considering Head 1–Office of the President – State House, in order to determine whether the alleged statement was made by Rev G Katuta MP.

Hon Members, the verbatim record revealed that indeed Rev G Katuta, MP, alleged that the private residence of the Republican President commonly referred to as "Community House" was being renovated using public resources, in her debate of Head 1-Office of the President – State House on Thursday, 3rd November, 2022. 

However, Rev G Katuta, MP, did not lay any evidence on the Table of the House to verify and substantiate her allegation. As a result, her statement contravened the rules of debate as provided in the National Assembly of Zambia Standing Orders, 2021, and the National Assembly Members’ Handbook 2006.  She was, therefore, out of order.

Hon Members, may I take this opportunity to, once more, remind you that making unverified and unsubstantiated statements on the Floor of the House is a breach of our rules.  As you are well aware, debates in the House are widely followed nationally through the radio, television, and on the internet. I, therefore, urge you to desist from making unverified and unsubstantiated statements on Floor of the House in order to avoid misleading the House and the public at large.

I thank you.

Ruling Date: 
Thursday, November 17, 2022