RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR M F FUBE, MEMBER OF PARLIAMENT FOR CHILUBI CONSTITUENCY, AGAINST MR R M CHABINGA, MEMBER OF PARLIAMENT FOR MAFINGA CONSTITUENCY FOR ALLEGEDLY BEING ABSENT FROM SITTINGS OF THE HOUSE

Hon Members, the House will recall that on Friday, 14th October, 2022, when the House was debating the 2023 Budget Address, and Ms E Munashabantu, Member of Parliament for Mapatizya Constituency’s time for debate had just expired, Mr M F Fube, Member of Parliament for Chilubi Constituency, raised a Point of Order. 

Mr M F Fube, MP’s Point of Order, which was against Mr R M Chabinga, Member of Parliament for Mafinga Constituency, was premised on Standing Order 210 of the National Assembly of Zambia Standing Orders, 2021. Standing Order 210 provides as follows:
“210.  (1) If, during a Session, a member is absent for four consecutive Sittings of the Assembly without permission, in writing, from the Government Chief Whip or the Speaker, the Government Chief Whip shall report the matter to the Committee on Privileges and Absences for hearing and determination.
(2) If the committee finds that the member has offered a satisfactory explanation for the member's absence from Sittings of the Assembly, there shall be no further proceedings on the matter.
(3) If the committee finds that the member has not offered a satisfactory explanation for the member's absence from Sittings of the Assembly, the committee shall, through the Speaker, report to the House recommending appropriate action to be taken against the member.”

Mr M F Fube, MP, stated that, in line with Standing Order 210, a Member of Parliament was only permitted to be absent from sittings of the House, with prior, permission from the Government Chief Whip. In that regard, Mr M F Fube, MP, stated that he had observed that Mr R M Chabinga, MP, had only attended sittings of the House on four (4) occasions, from September, 2021 to the date of the Point of Order. He, therefore, enquired whether certain Members had special exemptions and what the status of Mr R M Chabinga, MP, was. 
Hon Members, in response to the Point of Order, the Hon Madam First Deputy Speaker, reserved her ruling, to facilitate investigations into the matter. 

Hon Members, in investigating the matter, I had recourse to the attendance registers for the period in question. A perusal of the registers revealed that Mr R M Chabinga, MP, was absent for a total of six (6) consecutive sitting days from 4th to 12th October, 2022. 

Hon Members, in line with parliamentary practice and procedure, on 24th November, 2022, the Office of the Clerk wrote to Hon S Mulusa, Government Chief Whip, informing him of Mr R M Chabinga, MP’s, absence from the House. Hon S Mulusa, MP, was further informed that in view of Mr R M Chabinga, MP’s absence, he was, in accordance with Standing Order 210 (1), required to report the matter to the Chairperson of the Committee on Privileges and Absences, for hearing and determination. 

In response, by a letter dated 14th March, 2023, Hon S Mulusa, MP, informed the Office of the Clerk that his office had received a sick note from Coptic Hospital dated 4th October, 2022. It indicated that Mr R M Chabinga, MP, was recommended to be off duty for the period 4th to 12th October, 2022. He attached the sick note to the letter.

Hon Members, in the light of the response from the Office of the Government Chief Whip, it is evident that Mr R M Chabinga, MP, had permission to be away from the House during the period in question as he was indisposed. He was, therefore, not out of order. 

I thank you.