RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON THURSDAY, 16TH MARCH, 2023, BY HON G G NKOMBO, MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT AGAINST HON B M MUNDUBILE, LEADER OF THE OPPOSITION AND MR S KAMPYONGO, PATRIOTIC FRONT PARTY WHIP, FOR ALLOWING MEMBERS OF THE PATRIOTIC FRONT PARTY TO ABSCOND FROM SITTINGS OF THE HOUSE
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Hon Members will recall that on Thursday, 16th March, 2023, when the House was considering the Motion of Thanks to the President’s Address on National Values and Principles, and Hon S Masebo, Minister of Health, had just concluded debating, Hon G G Nkombo, Minister of Local Government and Rural Development, raised a Point of Order.  The Point of Order was against Hon B M Mundubile, Leader of the Opposition and Mr S Kampyongo, Patriotic Front Whip. In his Point of Order, Hon G G Nkombo, MP, cited Standing Order 49 of the National Assembly of Zambia Standing Orders, 2021, which sets out the duties of a Party Whip or Whip, in the House.  In particular, he inquired whether Hon B M Mundubile, MP and Mr S Kampyongo, MP, were in order to allow members of the Patriotic Front Party to merely register in order to earn an allowance and, thereafter, abscond from the House, the previous day, bringing the business of the House to the brink of collapse. The relevant part of Standing Order 49 provides as follows:

“Duties of Party Whip or Whip
49. The duties of a Party Whip or Whip includes-
(a) ensuring attendance and participation of party or independent members in the House;”

The import of the foregoing is that a Party Whip has the duty to ensure the attendance and participation of Members of his or her party in the House.

In his immediate reaction to the Point of Order, the Hon Mr Second Deputy Speaker reserved his ruling in order to appreciate the matter and render a measured ruling.  Hon Members, I have since studied the matter and will now render my ruling.

Hon Members, the Point of Order raises the issue of the duty of a Party Whip or Whip to ensure the attendance of the Members of their party in the House. 

Hon Members, I had recourse to the verbatim record of the proceedings of the material day. I also had recourse to the relevant video footage, in order to ascertain what had transpired on that day.  Indeed, at the time, Hon G G Nkombo, MP, was raising his Point of Order, at approximately 18:18 hours, there were very few members of the Patriotic Front party in the House.  The video footage also shows that the Members did not leave the House soon after registering, as alleged by Hon G G Nkombo, MP, but left after the business of the House was well under way.  They, therefore, did not just register their presence and leave as alleged in the Point of Order.  It was also apparent that, their departure from the House, did not affect the business of the House because the quorum required to transact Business was maintained.  Therefore, Hon B M Mundubile, MP, and Hon S Kampyongo, MP, did not breach their respective duties. In that regard, they were not out of order.

I Thank You!