RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON WEDNESDAY, 14TH JUNE, 2023, BY MR C ANDELEKI, MEMBER OF PARLIAMENT FOR KATOMBOLA CONSTITUENCY, AGAINST REV G M KATUTA, MEMBER OF PARLIAMENT FOR CHIENGE CONSTITUENCY, FOR ALLEGEDLY DISRESPECTING THE HOUSE AND THE HON MADAM SPEAKER.

 

 

I order Rev G M Katuta, Member of Parliament for Chienge Constituency, to go and stand behind the bar of the House. I also instruct the Sergeant-At-Arms to take the Speaker’s mace and go and stand behind her.

 

Hon Members, the House will recall that on Wednesday, 14th June, 2023, when the House was considering the Ministerial Statement by Hon Eng C Milupi, MP, Minister of Infrastructure, Housing and Urban Development, on the State of roads in North-Western Province, Mr C Andeleki, Member of Parliament for Katombola Constituency, raised a Point of Order against Rev G M Katuta, MP. His Point of Order was premised on Standing Orders 207 (1), (2) and (3) as read together with Standing Orders 202 and 203 of the National Assembly of Zambia Standing Orders, 2021.

 

In his Point of Order, Mr C Andeleki, MP, enquired whether Rev G M Katuta, MP, was in order to disrespect the House and me in the manner she left the Chamber after I had ordered her to leave.  Hon Members, in my immediate response, I reserved my ruling to enable me review the matter and render a measured ruling.  I have since studied the matter and will now render my ruling. 

Hon Members, the Point of Order by Mr C Andeleki, MP, raises the issue of a Member exhibiting disorderly conduct on the Floor of the House and showing disrespect to the Presiding Officer and the House. 

 

The National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, is instructive in this regard. It provides, in section 19 (d) and (e) as follows:

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

(d) shows disrespect in speech or manner towards the Speaker; or 

(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”

 

Further, Standing Order 203 (1) and (2) sets out the manner in which Members should conduct themselves and states as follows:

“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.”

 

Hon Members, I had recourse to the video footage and verbatim record of the parliamentary proceedings of Wednesday, 14th June, 2023. A review of the verbatim record confirms that Rev G M Katuta, MP, was talking while pointing at Hon Eng C Milupi, MP, as she was walking out of the Chamber.  The video footage captured, Rev G M Katuta, MP, walking out of the Chamber after I ordered her to leave. When she reached the exit door, she turned and walked back in while pointing in my direction and making utterances before walking out again. 

 

Hon Members, in line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly, on Thursday, 29th June, 2023, wrote to Rev G M Katuta, MP, requesting her to state her side of the story. In her response dated Wednesday, 5th July, 2023, Rev G M Katuta, MP, expressed remorse for her conduct and apologised.  She further undertook to ensure that such misconduct did not recur.

 

Hon Members, Rev G M Katuta, MP’s, conduct of walking out of the House while pointing and shouting at a fellow Member and pointing at a Presiding Officer was a grave offence, not only against the Member and the Presiding Officer, but the House as a whole.  It was, therefore, an affront on the decorum and dignity of the House, which I am under a solemn duty to safeguard.  As you are well aware, parliamentary procedures are broadcast live on Parliament Television.  In this regard, the incident, which was broadcast live, received wide publicity bringing the dignity and integrity of the House into public disrepute and odium.  I, therefore, find Rev G M Katuta, MP’s conduct a breach of parliamentary privilege and contempt of the House.

 

Hon Members, my predecessor the erstwhile Speaker Rt Hon Dr Patrick Matibini, SC, had occasion to rule on a similar matter in the case of Hon B M Mundubile, MP, v Mr G G Nkombo (Daily Parliamentary Debates of Tuesday, 12th November, 2019).

 

In that case, Hon B M Mundubile, MP, then Government Chief Whip, submitted a complaint against Mr G G Nkombo, MP.  In the complaint, he alleged that Mr G G Nkombo, Member of Parliament for Mazabuka, had conducted himself in a disorderly manner and shown disrespect towards then First Deputy Speaker, Hon Madam Catherine Namugala.  This followed Mr G G Nkombo, MP’s failure to withdraw from the Chamber through the nearest door available, when she ordered him to leave the Chamber. In keeping with the Assembly’s precedents on similar matters, Mr G G Nkombo, MP, was suspended from the service of the National Assembly for a period of ten (10) days 

 

Hon Members, in deciding on the punishment to mete out to Rev G M Katuta, MP, I have considered the fact that Rev G M Katuta, MP, was remorseful and readily apologised for her conduct.  This does, however, not absolve her of blame for breaching the rules of the House, but merely gives me a reason to exercise leniency.

 

Therefore, pursuant to section 28 of the National Assembly (Powers and Privileges) Act, which grants me power to punish a Member found guilty of a contempt of the Assembly, I have decided to suspend Rev G M Katuta, MP, from the service of the National Assembly for a period of seven (7) days. 

 

I now turn to address Rev G M Katuta, MP. 

 

Rev G M Katuta, MP, your conduct of pointing and shouting at the Hon Minister of Infrastructure, Housing and Urban Development and I in the House, is unbefitting the conduct of a Member of Parliament.

Further, as a senior member of this August House, you ought to know that this is a House of honour, decorum and dignity, and, as such, your conduct ought to be exemplary and above reproach. 

 

Ordinarily, your conduct would have attracted a more severe punishment, but due to the fact that you have reflected on your behaviour and apologised, I have elected to exercise leniency on you.  

 

I wish to reiterate that I will not tolerate gross indiscipline and misconduct from you or any other Member of this House. The honour, decorum and dignity of the House must be protected and preserved at all times. I do trust that you will reflect seriously on your conduct and, in future, desist from conduct unbefitting a Member and moreover a senior Member of the House.

 

Thus, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, I now put the Question:  The Question is, that the House suspends Rev G M Katuta, MP, for a period of seven (7) days with effect from today, Friday, 21st to Thursday, 27th July, 2023. 

 

As many as are of that opinion say ‘Aye’;

 

Of the contrary say ‘No’;

 

SCENARIO 1

 

I think the ‘Ayes’ have it. [Pause]. The ‘Ayes’ have it. The question is resolved in the affirmative.

Rev G M Katuta, MP, before you take the walk of shame through the main entrance door of the Assembly Chamber, I wish to inform you that in accordance with section 28 (3) of the National Assembly (Powers and Privileges) Act, during the period of your suspension, you shall not:

 

(i) enter the precincts of the Assembly and this extends to the National Assembly Motel;

(ii) participate in any activity of the Assembly or any committee that you are assigned in, in your capacity as Member of Parliament; and

(iii) be paid a salary or allowance that you are entitled to as a Member.

 

I now order you, Rev G M Katuta, MP, to take the walk of shame and leave the Chamber through the main entrance of the Chamber, on seven (7) days suspension with effect from today, Friday, 21st to Thursday, 27th July, 2023.

 

I thank you.

 

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SCENARIO 2

 

As many as are of that opinion say ‘Aye’;

 

(Pause)

 

Of the contrary say ‘No’;

 

I think the ‘Noes’ have it. [Pause]. The ‘Noes’ have it. The question is negatived.

 

I thank you.

 

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