RULING ON A POINT OF ORDER RAISED ON FRIDAY, 17TH FEBRUARY, 2023, BY HON J J MWIIMBU, MP, MINISTER OF HOME AFFAIRS AND INTERNAL SECURITY AGAINST HON B M MUNDUBILE, LEADER OF THE OPPOSITION AND MR S KAMPYONGO, MEMBER OF PARLIAMENT FOR SHIWANG’ANDU CONSTITUENCY, FOR DISREGARDING THE PROVISIONS OF ARTICLE 251 OF THE CONSTITUTION OF ZAMBIA, WHEN THEY ASKED QUESTIONS RELATING TO THE OFFICE OF THE AUDITOR-GENERAL, DURING HER HON THE VICE-PRESIDENT’S QUESTION TIME

Hon Members, the House will recall that on Friday, 17th February, 2023, when the House was considering Question for Oral Answer No. 142, and the Hon Minister of Fisheries and Livestock, Hon M Chikote, MP, had concluded responding to a question, Hon J J Mwiimbu, MP, Minister of Home Affairs and Internal Security, raised a Point of Order, pursuant to Standing Order 65 of the National Assembly of Zambia Standing Orders, 2021, against Hon B M Mundubile, Leader of the Opposition and Member of Parliament for Mporokoso Constituency, and Mr S Kampyongo, Member of Parliament for Shiwang’andu Constituency. 

In his Point of Order, Hon J J Mwiimbu, MP, inquired whether Hon B M Mundubile, MP, and Mr S Kampyongo, MP, were in order to mislead the House and the Nation by alleging that the Executive was interfering in the operations of the Auditor-General contrary to Article 250 (2) which protects the Office from interference.  He added that, in doing so, the Hon Members disregarded the provisions of Article 251 of the Constitution that empower the President to appoint persons to Act in the Office of the Auditor-General and other provisions relating to the removal of the Auditor-General from office.

Hon Members, in my immediate response, I reserved my ruling in order to study the matter. I have since studied the matter and will now render my ruling. 

Hon Members, I wish to begin by giving a background to what gave rise to Hon J J Mwimbu, MP’s Point of Order. As you may recall, during Her Honour the Vice-President’s Question Time, Hon B M Mundubile, MP, asked a question relating to two (2) senior officers in the Office of the Auditor-General who he alleged had been transferred or dismissed under suspicious circumstances.  He highlighted the fact that the Constitution contained safeguards and watchdog bodies like the Office of the Auditor-General in order to keep the Government in check.  He submitted that the incident pertaining to the two (2) officers brought into question the Government’s commitment to transparency and accountability, particularly in the light of issues such as cancelled hunting licences.  He, further, asked Her Honour the Vice-President how the Government could convince the people and its cooperating partners of its commitment to accountability and transparency when the transfer or dismissal of the officers had occurred at a time that an audit report covering the period in which the UPND had been in charge was being expected.

During the same segment, Mr S Kampyongo, MP, also touched on the issue of the Office of the Auditor-General citing Article 250 (2) of the Constitution which gave the Auditor-General’s Office autonomy.  He inquired why the Government was in such a panic that it was micro-managing the Office of the Auditor-General, by halting the institution’s internal processes of capacitating itself by identifying competent professionals through interviews.

Hon Members, from the background that I have outlined above, it is evident that Hon J J Mwimbu,MP’s Point of Order requires that I delve into the interpretation of the Constitutional provisions relating to the Office of the Auditor-General, which is a preserve of the Constitutional Court.  Points of Order only relate to the interpretation or enforcement of a law on privileges of members or procedure or practice regulating the business of the House. This is clearly stated in Standing Order 131 (7) of the National Assembly of Zambia Standing Orders, 2021 which provides as follows:

“(7) A Point of Order shall relate to the interpretation or enforcement of a law on privileges of members, or the procedure or practice regulating the business of the House.”

Hon Members, from the foregoing, it is clear that Hon J J Mwiimbu, MP’s Point of Order breached the admissibility criteria set out in Standing Order 131 (7).  In that regard, it is inadmissible.

I thank you.