Ruling by the Hon. Madam Speaker - On a Point of Order raised on Friday, 10th March, 2023, by Hon M Haimbe, Minister of Justice against Mr E Tembo, MP for Feira for misleading the Nation by alleging that the President had not spoken clearly on Gay Rights

RULING BY THE HON MADAM SPEAKER ON THE POINT OF ORDER RAISED ON FRIDAY, 10TH MARCH, 2023, BY HON M HAIMBE, SC, MINISTER OF JUSTICE AGAINST MR E TEMBO, MEMBER OF PARLIAMENT FOR FEIRA CONSTITUENCY FOR MISLEADING THE NATION BY ALLEGING THAT THE REPUBLICAN PRESIDENT HAD NOT SPOKEN CLEARLY ON LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER AND INTERSEX (LGBTQI) RIGHTS AND THAT NO ACTION HAD BEEN TAKEN ON THE MATTER 
 
 
Hon Members will recall that on Friday, 10th March, 2023, when the House was considering the Motion of Thanks to the President’s Address on National Values and Principles, and Mr E Tembo, MP, was on the Floor, Hon M Haimbe, SC, Minister of Justice raised a Point of Order against Mr E Tembo, Member of Parliament for Feira Constituency pursuant to Standing Order 65 (1) (b).
 
In his Point of Order, Hon M Haimbe, SC, MP, enquired on the following:
 
(i) Whether Mr E Tembo, MP, was in order to mislead the House and nation by alleging that the Republican President did not speak clearly on Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTQI) rights; and
(ii) whether Mr E Tembo, MP, was in order to mislead the House that the Zambia Police Service had failed to execute its duties by charging persons who had participated in the demonstration of Saturday, 4th March, 2023 with giving false information to police officers and leave out the real charge.
 
In his immediate response, the Hon Mr Second Deputy Speaker reserved his ruling. I have since studied the matter and I will now render the ruling.
 
Hon Members, I wish to begin by giving a background to what gave rise to Hon M Haimbe, SC, MP’s Point of Order. On Friday, 10th March, 2023, during his debate on the Motion of Thanks to the President’s Address on National Values and Principles, Mr E Tembo, MP stated that the issue of LGBTQIs in the country had been debated by the House and people had started demonstrating. He then stated that the demonstrators had been arrested and charged with giving false information to police officers and not the real charge. He alleged that the United Party for National Development (UPND) had not been strong on LGBTQIs hence the demonstrations on Saturday, 4th March, 2023. He indicated that there was need to issue a very strong statement on LGBTQI rights as previous Governments had done. He stated that previous Presidents had issued statements and clarified that LGBTQI rights could not be recognised in Zambia and talked about persons who sponsored the LGBTQI movement. 
 
Hon Members, I will now address the two aspects of the Point of Order, seriatim: 
(i) Whether Mr E Tembo, MP, was in order to mislead the nation by alleging that the Republican President did not speak against LGBTQI rights
 
Hon Members, our Standing Orders require that whatever a Member states in the House, should be factual, verifiable and substantiated. In that regard, as correctly put in the Point of Order, Standing Order 65 (1) (b) of the National Assembly of Zambia Standing Orders, 2021 on content of speech states as follows:
 
“65. (1) A member who is debating shall – 
(b) ensure that the information he or she provides to the House is factual and verifiable.”
 
Hon Members, a perusal of the verbatim record of the House, for Tuesday, 7th March, 2023, reveals that the Minister of Home Affairs and Internal Security, Hon J J Mwiimbu, MP, in responding to a matter of urgent public importance raised by Mr C Andeleki, Member of Parliament for Katombola Constituency, gave the Government’s position on the demonstration that transpired on Saturday, 4th March, 2023. Hon J J Mwimbu, MP, informed the Speaker that the President had publicly made his position known that he would not support gayism in all its forms, and that he was a Christian who conformed to all christian values.  He further stated that the UPND did not support gayism and that it was preposterous, mischievous and unsavoury for any individual in the country to suggest that the President of the Republic of Zambia and the UPND condoned gayism in the country.
Hon Members, in view of the foregoing, it is clear that Mr E Tembo, MP, made a statement that was not supported by any documentary or cogent evidence as envisaged by Standing Order 65. Hon Members, making such unsubstantiated statements, has the potential to mislead the House and public at large.
 
In view of the foregoing, Mr E Tembo, MP, breached Standing Order 65 (1) (b) and was, therefore, out of order.
 
(ii) whether Mr E Tembo, MP, was in order to mislead the House that the Zambia Police Service had failed to correctly charge persons who participated in the demonstration of Saturday, 4th March, 2023 
 
Hon Members, the second limb of Hon M Haimbe, SC, MP’s Point of Order was to the effect that Mr E Tembo, MP, misled the House by stating that the Zambia Police Service had failed to correctly charge persons who participated in the demonstration of Saturday, 4th March, 2023.  Hon Members, I wish to point out that Mr E Tembo, MP, made the statement without any evidence and, therefore, his statement was unsubstantiated.  To that extent, Mr E Tembo, MP’s statement had the potential to mislead the House and the public at large. 
 
In view of this, Mr E Tembo, MP, breached Standing Order 65 (1) (b) and was, therefore, out of order.
 
Hon Members, I have observed a growing trend of Members making unsubstantiated statements on the Floor.  I wish to take this opportunity to urge Members to desist from that.  Please ensure that only factual and verifiable information is brought to the House for the benefit of the House and the general public whom we serve.
 
I THANK YOU 
Ruling Date: 
Thursday, March 30, 2023