RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED BY MR K A MUKOSA, MP, MEMBER OF PARLIAMENT FOR CHINSALI CONSTITUENCY AGAINST HON C KASANDA, MINISTER OF INFORMATION AND MEDIA, FOR ALLEGED DISRESPECT TOWARDS THE HOUSE AND THE SPEAKER WHEN THE HOUSE WAS CONSIDERING THE MINISTERIAL STATEMENT BY THE HON MINISTER OF MINES AND MINERALS DEVELOPMENT

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Hon Members will recall that on Friday, 3rd March, 2023, when the House was considering the Ministerial Statement issued by the Hon Minister of Mines and Minerals Development, and Mr Menyani Zulu, MP, Member of Parliament for Nyimba Constituency was on the Floor, Mr K A Mukosa, MP, Member of Parliament for Chinsali Constituency, raised a point of order against Hon C Kasanda, Minister of Information and Media. In raising the Point of Order, Mr K A Mukosa, MP, cited Standing Order 203 (1) and (2) of the National Assembly of Zambia Standing Orders, 2021, which provides that –

 

“203. (1) A member shall at all times conduct himself or herself in a manner that upholds the dignity, integrity and decorum of the House.

(2) A member shall not act in a manner that brings the House or other members generally into disrepute.”

 

In the Point of Order, the hon Member enquired whether the hon Minister was in order to disrespect the Office of the Hon Madam First Deputy Speaker, who was presiding at the time, by walking out of the House without bowing and making an offensive gesture, which was disrespectful to her. 

 

In her immediate response, the Hon Madam First Deputy Speaker, reserved her ruling to enable her study the matter. I have since studied the matter, and will now render my ruling. 

 

Hon Members, I had occasion to view the relevant Parliament Television footage and had recourse to the verbatim record of what transpired on the material day. The records revealed that the Hon Madam First Deputy Speaker had permitted the Leader of the Opposition, Hon B M Mundubile, MP, to raise a Point of Order.  Hon B M Mundubile premised his Point of Order on Standing Order 44,which sets out the duties of the Leader of the Opposition. In raising the Point of Order, Hon B M Mundubile began to respond to a question posed to Her Honour the Vice-President earlier by Mr M Mutelo, Member of Parliament for Mitete, during The Vice-President’s Question Time. In his question, Mr M Mutelo, MP, had stated that the Patriotic Front had been seeking forgiveness from the Zambian people and asked Her Honour the Vice-President what the party had been seeking forgiveness for.  In his Point of Order, Hon B M Mundubile, MP, stated, that he felt Her Honour the Vice-President was not in a position to provide information on that matter. He, therefore, submitted that, as Leader of the Opposition, and based on Standing Order 44, he would proceed to provide the House with that information. He then proceeded to state, among others, as follows:

 

“Madam Speaker, the hon Member for Mitete asked what the Patriotic Front has been apologising for. The information regarding that question is that when we were in power, fuel was at K15 and K17. We apologise because it was too high…”

 

This prompted running commentaries from members from both sides of the House and resulted in general disorder in the House. It was at that point that Hon C Kasanda, MP, rose without being called upon by the Hon Madam First Deputy Speaker and inquired whether they were all permitted to present their manifestos in the House. Thereafter, she rose again and left the Chamber without bowing to the Speaker and made a disrespectful gesture as she left. 

 

Hon Members, in line with parliamentary practice and procedure and the rules of natural justice, the Office of the Clerk of the National Assembly wrote to Hon C Kasanda, MP, in order to get her side of the story. In response, she denied showing disrespect to the Presiding Officer. She stated that, on the material day, she rose from her seat to visit the washroom in an atmosphere filled with running commentaries. She attributed her failure to bow before leaving the Chamber to the running commentaries, which she said had distracted her. As regards the gesture she had made, she submitted that it had been an impulsive and unintentional reaction to the members that were making disorderly utterances in the House. She concluded her response by expressing sincere regret for what had transpired.

 

Hon Members may wish to note that the Point of Order by Mr K A Mukosa, MP, raises the issue of a Member exhibiting disorderly conduct on the Floor of the House and showing disrespect to the House.

 

The National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, is instructive. Section 19 (e) provides as follows:

“19. Any person shall be guilty of an offence who-

 (e) commits any other act of intentional disrespect to or with reference to the proceedings of the Assembly or of a committee of the Assembly or to any person presiding at such proceedings.” 

 

Additionally, Standing Order 57 (1) of the National Assembly of Zambia Standing Orders, 2021, provides as follows:

“57. (1) A member may only speak when called upon by the presiding officer…” 

 

Further, Standing Order 63 of the National Assembly of Zambia Standing Orders, 2021, provides as follows:

“63. A member shall not interrupt another member who is speaking unless the member interrupting wants to raise a Point of Order.”

 

Furthermore, Standing Order 204 (2) (e) of the National Assembly of Zambia Standing Orders, 2021, provides as follows:  

“204. (2) A member shall observe the following rules of parliamentary etiquette:

…

(e) a member shall bow to the Chair on entering or leaving the Chamber, or taking or leaving his or her seat; …”

 

Hon Members, in the instant case, Hon C Kasanda, MP, rose to speak while Hon B Mundubile, Leader of the Opposition, was on the floor, and without being called upon to speak by the Presiding Officer. This conduct breached Standing Orders 57 (1) and 63. 

 

In addition, the Hon Member walked out of the House without bowing to the Chair in breach of Standing Order 204 (2)(e). Further, as she was leaving the Chamber, she made a gesture that was disrespectful to the House in general and the Hon Madam First Deputy Speaker, in particular. While she clarified, in her response, that the gesture had been impulsive and directed at other members who were making disorderly utterances, her conduct was disrespectful to the House and a breach of section 19 (e) of the National Assembly (Powers and Privileges) Act.  

From the foregoing, it is clear that Hon C Kasanda, MP, was in breach of parliamentary privilege and in contempt of the House. She was, therefore, out of Order. 

 

I, however, take cognisance of the fact that at the time she misconducted herself, there was general disorder in the House with members on both sides of the divide making running commentaries. I further take into account the fact that the Hon Member is a first offender and was apologetic for her conduct. I, however, wish to caution her and all members to desist from such conduct which tends to disrupt the proceedings of the House and bring the house into odium, ridicule and disrepute.

 

I THANK YOU.