Ruling by the Hon. Madam Speaker - On a Point of Order raised by Munir Zulu, MP, for Lumezi against Hon. Elvis Nkandu, Minister of Youth, Sport & Arts for allegedly referring to him as "This small Boy"

RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR MUNIR ZULU, MEMBER OF PARLIAMENT FOR LUMEZI CONSTITUENCY AGAINST HON ELVIS NKANDU, MINISTER OF YOUTH, SPORT AND ARTS, FOR ALLEGEDLY REFERRING TO HIM AS “THIS SMALL BOY”, WHEN THE HOUSE WAS DEBATING HEAD 36 – ZAMBIA CORRECTIONAL SERVICE COMMISSION

Hon Members, the House will recall that on Tuesday, 8th November, 2022, when the House was considering Head No. 36 – Zambia Correctional Service Commission and Mr Cliff Mpundu, Member of Parliament for Chembe Constituency was debating, Mr Munir Zulu, Member of Parliament for Lumezi Constituency, raised a Point of Order. 
The gist of his Point of Order was whether Hon Elvis Nkandu, Minister of Youth, Sports and Artswas in order to use unparliamentary language by referring to Mr Munir Zulu, MP,  as “This small boy”in his running comments. Mr Munir Zulu, MP, stated that the statement by Hon E Nkandu, MP, was contrary to Standing Order 66 of the National Assembly of Zambia Standing Orders, 2021. He, therefore, sought the indulgence of the Chairperson on the matter. 
In her immediate response to the Point of Order, the Hon Madam First Deputy Speaker, sitting as Chairperson of the Committee of Supply, reserved her ruling to study the matter.I have since reviewed the verbatim record of the proceedings for Tuesday, 8th November, 2022, and will now render my ruling.
Hon Members, our rules prohibit the use of unparliamentary language in the House. To this effect, Standing Order 66 states as follows:
“(1) unparliamentary language refers to the use of offensive, provocative, insulting, threatening or obscene language in the House.”  
 (2) A member shall not use unparliamentary language in the House. 
(3) A member who alleges that another member has used unparliamentary language in the House, may immediately raise a Point of Order.”
Inline with parliamentary practice and procedure, and in accordance with the rules of natural justice, on 6thDecember, 2022, the Office of the Clerk wrote to Hon E Nkandu, requesting him to state his side of the story. In response, Hon E Nkandu, confirmed uttering the statement. He added that he normally referred to Mr Munir Zulu, MP, in that manner because they were tribal cousins. In that regard, he had no idea that Mr Munir Zulu, MP, would take offence. Further, the Hon Minister apologised for his conduct. 
Hon Members, Standing Order 204 provides for the rules of parliamentary decorum and etiquette, which is the essential standard of behaviour that a Member must observe in the House.  Standing Order 204(2)(v) refers to how Members should refer to each other in the House as follows:
“204 (2)(v) a Member shall be referred to by his or her constituency name and not by individual name”.
Additionally, the National Assembly of Zambia Members’ Handbook 2006, Chapter Three (3) on the Rules of Debate, time and Manner of Speaking, at page 14 states as follows
“Every other Member of the House shall be referred to as “Honourable” together with the name of his or her Constituency ..."

In view of the foregoing, it is a breach of parliamentary etiquette for a member to refer to a fellow member as “small boy” in the House.  Hon E Nkandu, MP, was, therefore, out of order.  According to Standing Order 204(3), a Member who breaches a rule of etiquette may be sent out for a day.  Hon Members, given the fact that Hon E Nkandu, MP, is a first offender and readily apologised for his conduct, I have decided to exercise leniency.  I, therefore, urge him to observe the rules of parliamentary etiquette and desist from bringing tribal cousinship into the House.

I THANK YOU.
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Ruling Date: 
Thursday, December 15, 2022