Ruling by Hon. Madam Speaker - On a Point of Order raised by Hon. M Haimbe, Minister of Justice against Mr. Munir Zulu, MP for Lumezi Constituency on whether he was in Order to disparage the Hon. Madam Speaker on Diamond Televsion on 16th June, 2022

RULING BY THE HON MADAMSPEAKER ON THE POINT OF ORDER RAISED BY HON M HAIMBE, MINISTER OF JUSTICE, AGAINST MR MUNIR ZULU, MEMBER OF PARLIAMENT FOR LUMEZI CONSTITUENCY, ON WHETHER HE WAS IN ORDER TO DISPARAGE THE HON MADAM SPEAKER ON DIAMOND TELEVISON ON THURSDAY 16TH JUNE 2022
Hon Members will recall that on Friday, 17th June, 2022, after I had rendered a ruling on a Point of Order raised by Rev G Katuta, Member of Parliament for Chiengi Constituency, Hon M Haimbe, Minister of Justice, raised a Point of Order against Mr Munir Zulu, Member of Parliament for Lumezi Constituency.  The Point of Order was based on a Diamond Television programme entitled “Today’s Topic” aired on Thursday, 16th June, 2022 at 21:30 hours. 

In his Point of Order, Hon M Haimbe, MP, stated that during the programme, Mr Munir Zulu, MP, disparaged meand accused me of being partial in the manner I presided over the affairs of the House. He added that Mr Munir Zulu, MP, had also alleged that Iharboured personal hatred towards him, for unknown reasons.  In addition, Mr Munir Zulu, MP, had also suggested that I detested him because he hailed from the Eastern Province, specifically Lumezi.

Hon M Haimbe, MP, therefore, sought guidance on whether Mr Munir Zulu, MP’s conduct, which disparagedme and the House, was acceptable and within the privileges the member enjoyed or whether his conduct amounted to contempt of the House in terms of standing order 207 of the National Assembly of Zambia, Standing Orders, 2021. 

Hon Members, in my immediate response, I reserved my ruling in order to study the matter.I subsequently referred the matter to the Committee on Privileges and Absences for consideration. 
Hon Members, the Point of Order raised by Hon M Haimbe, Minister of Justice, was based on a programme that wastelevised on Diamond Television. It was, in this regard, based on an event that ocurred outside House.
Hon, Members, I have been consistent in handling Points of Order which are based on matters that happened outside the House. In fact, on 26th July, 2022, in ruling on a Point of Order by Mr AKatakwe, Member of Parliament for Solwezi East, against some suspended Patriotic Front Members, who had allegedly made some statements in the media following their suspension, I emphatically stated, among others, at page 3, as follows[Daily Parliamentary Debate for Tuesday 26th July, 2022]:
“Hon Members, a Point of Order is intended to bring to the attention of the House a procedural breach. There are, in this regard, several rules governing the admissibility of Points of Order. I wish to cease this opportunity to remind the House of some of them. 
... I also wish to draw your attention to Standing Order 131(6), which states as follows:
“...(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.”

I further guided, at page 5, on the procedure to be used where a member observed a breach long after by making reference to Standing Order 132 (4), which states:

“132(4) Where a member observes a breach of rules long after the breach has occurred, the member may submit a written complaint to the Speaker.”

On the basis of the cited Standing Orders, I ruled Mr AKatakwe, MP’s, Point of Order inadmissible.

Hon Members, you may recall that at the time I rendered this ruling on Mr Katakwe, MP’s, Point of Order, there were already some matters relating to incidents that had occurred outside the House pending before the House and the Committee on Privileges and Absences. The Point of Order that is the subject of this ruling was one such matter. Taking coginsance of that fact, I guided, in the Katakwe Ruling, at page 6, as follows:

“Hon, members, sadly, I have observed an increasing trend by Members to bring matters that happened outside the House through Points of Order. I am also aware that there are currently some matters before the House and the Committee on Privileges and Absences which were erroneously brought through Points of Order. I wish to guide the House that for those matters already before it, I will proceed to render the rulings, as I have done inthis case. However, henceforth, or should I say from now on, I will not entertain any matter that is brought through a Point of Order when it should be brought through a written complaint.”

It is on the basis of that guidance that the Committee on Privileges and Absences proceeded to consider the Point of Order by Hon M Haimbe, MP. In considering the matter, the committee observed that the Point of Order related to a matter that had occurred outside the House. The Committee noted that according to Standing Order 131 (6) such a matter could not be raised by a Point of Order. The Committee, in this regard, arrived at the conclusion that the matter was wrongly before it because it had been commenced using the wrong procedure. The Committee, found the Point of Order inadmissible and recommended that it be ruled inadmissible.

Hon Members, the decision of the Committee is consistent with my ruling in the Katakwe Point of Order and my subsequent rulings on similar Points of Order. I, therefore, endorse it and find the Point of Order by Hon M Haimbe, MP, against Mr Munir Zulu, MP, inadmissible.

I THANK YOU.
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Ruling Date: 
Wednesday, December 7, 2022