Ruling by Hon. Madam Speaker - On a Point of Order raised by Mr B Kambita, MP for Zambezi East, against Mr Munir Zulu, MP for Lumezi for allegedly posting a misleading statement about the proceedings of the House on his Facebook page

RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR B KAMBITA, MEMBER OF PARLIAMENT FOR ZAMBEZI EAST CONSTITUENCY, ON WEDNESDAY, 5TH OCTOBER, 2022, AGAINST MR MUNIR ZULU, MP, MEMBER OF PARLIAMENT FOR LUMEZI CONSTITUENCY, FOR ALLEGEDLY POSTING A MISLEADING STATEMENT ABOUT THE PROCEEDINGS OF THE HOUSE ON HIS FACEBOOK PAGE

Hon Members, the House will recall that on Wednesday, 5th October, 2022, when the House was considering the Motion of Supply, and Mr M Simushi, MP, was debating, Mr B Kambita, Member of Parliament for Zambezi East Constituency, raised a Point of Order based on Standing Order 203 which states as follows:

203. (1) A member shall at all times conduct himself or herself in a manner that upholds the dignity, integrity and decorum of the House,

(2) A member shall not act in a manner that brings the House or other members generally into disrepute.”

In his Point of Order, Mr B Kambita, MP, stated that following the failure of the Private Member’s Motion moved by Mr Munir Zulu, Member of Parliament for Lumezi Constituency, Mr Munir Zulu, MP, posted, on his facebook page, a ruling that was not reflective of what had transpired on the Floor of the House. In raising the Point of Order, Mr B Kambita, MP, using his mobile phone, made reference to Mr Munir Zulu, MP’s, post on his Facebook page, which stated that -

“The Speaker declared, so DCs have no jobs.”

Mr B Kambita, MP, said that the statement posted by Mr Munir Zulu, MP, contradicted the resolution of the House and the declaration of the Hon Mr Second Speaker that the question had been negatived. In that regard, Mr B Kambita, MP, inquired whether Mr Munir Zulu, MP, was in order to mislead the nation on such a serious matter, and thereby bring the name of the House into disrepute. He, thereafter, laid his phone on the Table.

In his immediate response to the Point of Order, the Hon Mr Second Deputy Speaker, sitting as the Chairperson of the Committees of the Whole House, reserved his ruling. I have since studied the matter and will now render my ruling.

Hon Members, let me begin by guiding the House on the procedure for tabling private documents, Standing Order 140 states as follows:

140. (1) A backbencher who wishes to table a private document shall seek prior permission of the Speaker.

(2) In seeking permission under paragraph (1), the backbencher shall submit a copy of such document to the Speaker at least twelve hours in advance, to enable the Speaker examine it.

(3) A member who has prior permission to table a document under paragraph (2), shall table it immediately after he or she has finished debating.”

Hon Members, according to Standing Order 140, a Member can only table a private document after obtaining prior permission from the Speaker. It is for this reason that a backbencher is required to submit a copy of the document to the Speaker, at least, twelve (12) hours in advance. This enables the Speaker to not only examine the document, but also establish its authenticity.

I also wish to remind the House about the timing of a Point Order. Standing Order 131, which provides the procedure for points of order, states as follows, in paragraph (6):

“131. (6) A Point of Order shall only be raised in relation to the conduct of business of the House being transacted at the time the Point of Order is raised.”

Hon Members, according to Standing Order 131 (6), a Point of Order can only be raised in relation to the business that is being transacted in the House at the time the Point of Order is raised.

Having guided on the relevant rules, I now wish to address the Point of Order.

Hon Members, the statement which Mr B Kambita, MP, relied on to raise his Point of Order was a post by Mr Munir Zulu, MP, on his Facebook page. Mr B Kambita, MP, accessed the statement on Mr Munir Zulu, MP’s, Facebook page, using his mobile phone, while in the Chamber, and proceeded to use it to raise a Point of Order. Upon concluding raising the Point of Order, he laid the phone, and, through it, the document on the Table. Evidently, the document was a private one, which, according to Standing Order 140, should have been brought to my office for scrutiny before being laid on the Table

Further, Hon Members, at the time Mr B Kambita, MP, raised the Point of Order the House had resolved into Committee of Supply to consider the Motion of Supply. In this regard, the House had already concluded considering the Private Member’s motion moved by Mr Munir Zulu, on which the Point of Order was based.

In that regard, the Point of Order raised by Mr B Kambita, MP, breached the rules of the House and is inadmissible.

Hon Members, lastly, this Point of Order has brought to the fore a growing tendency by Members to use their gadgets in the House to access social media fora such as Facebook. Let me use this opportunity to give some general guidance. While Standing Order 231 permits Hon Members to use their tablets, including smart phones, in the House, this is largely to aid them in their debate in the House. This privilege does not extend to using the devices to follow social media while the House is in session. Hon Members are, therefore, urged to desist from such conduct.

I thank you.

 

 

Ruling Date: 
Tuesday, December 6, 2022