I order you, Mr N Chilangwa, MP, to stand in your place.

 

Hon Members, the House may wish to know that on 22nd June, 2023, the Chairperson of the Committee on Privileges and Absences received a letter from Hon S Mulusa, MP, Government Chief Whip, informing the Committee on Privileges and Absences of the continued absenteeism of Mr N Chilangwa, Member of Parliament for Kawambwa Constituency from sittings of the House. In the letter, Hon S Mulusa, MP, informed the Chairperson, that Mr N Chilangwa, MP, had been absent from the sittings of the House, without leave from either the Hon Madam Speaker or the office of the Government Chief Whip, from 6th June, 2023, when the House resumed its sittings. The complaint was premised on Standing Order No 210 (1) of the National Assembly of Zambia Standing Orders, 2021. 

 

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on Thursday, 6th July, 2023, the office of the Clerk of the National Assembly wrote to Mr N Chilangwa, MP, requesting him to state his side of the story on the matter. 

 

However, from Tuesday, 6th June to Saturday 15th July, 2023, Mr N Chilangwa, MP’s, whereabouts were unknown.  Therefore, the office of the Clerk was unable to effect personal service on him as required by the law. A copy of the letter was, however, also sent to him via email and the WhatsApp messaging service. 

 

On Friday, 21st July, 2023, the Office of the Clerk received a response from Mr N Chilangwa, MP, dated 14th July, 2023. In his response, Mr N Chilangwa, MP, attributed his absence to the need for him to fulfill certain obligations in his constituency where he was needed more. He explained that he was unreachable because the affected areas of his constituency lacked a mobile phone network.  He added that he only became aware of the matter against him after some of his constituents located him.  He apologised for his conduct and undertook to ensure that such an incident did not repeat itself. He concluded his letter by stating that he was prepared to face whatever disciplinary action that would be meted out to him, as soon as possible, so that he could continue working for his constituents. 

 

Hon Members, the complaint by Hon S Mulusa, MP, raises the issue of a Member being absent from the sittings of the House without permission from the Speaker or the Government Chief Whip. 

 

Standing Order 229 of the National Assembly of Zambia Standing Orders, 2021, provides that- 

“229. (1) A member seeking to be absent from a Sitting of the House shall seek the written permission of the Government Chief Whip or the Speaker in such form as the Speaker may determine, stating the period of absence, the reasons and any other relevant information. 

(2) The Government Chief Whip shall keep custody of requests for permission and may not disclose the information to third parties without the written consent of the Speaker.”

 

Further, Standing Order 210 of the National Assembly of Zambia Standing Orders states 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.”

 

Additionally, eminent authors on parliamentary practice and procedure, M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016) on page 425, have this to say:

“Each constituency expects that the member it elects will take his seat in the Lok Sabah and attend the sittings of the House, except when it is necessary for him to remain absent on account of unavoidable reasons. It is the right of the Lok Sabha to receive from him an account as to why he was absent. The duty of members to the House is paramount and they are expected to remain absent from the sittings thereof only when there are compelling reasons for doing so.” 

 

The erstwhile Speaker, Rt Hon Justice Patrick Matibini, SC, had occasion to rule on a similar matter in the case of Mr H Kalaba, former Member of Parliament for Bahati Constituency (Daily Parliamentary Debate of 10th July, 2018). In that matter, Mr H Kalaba, MP, was absent from the sittings of the House for eighteen (18) sitting days without permission. On 19th March, 2018, Hon S Chungu, MP, Chief Whip, as he then was, wrote to Mr H Kalaba, MP, regarding his absence from the House. In response, Mr H Kalaba, MP, explained that his absence from the House was because he had lost eight (08) members of his constituency on Lake Bangweulu and had spent about fifteen (15) days in his constituency mourning with the deceased’s families. He added that he had notified Mr J Chabi, Member of Parliament for Chipili Constituency, of the situation and had requested him to convey the reasons for his absence from the House to the Chief Whip.  Regrettably that information did not reach the Chief Whip.  He, further, stated that his absence from the House was neither deliberate nor intended to undermine the Office of the Chief Whip or the decorum and etiquette of the House. 

 

The matter was referred to the Committee on Privileges, Absences and Support Services, as it then was, for determination. The Committee, upon deliberation of the matter, found that Mr H Kalaba’s conduct of being absent from eighteen (18) sittings of the House, without prior permission of either the Hon Mr Speaker or Chief Whip, was a breach of parliamentary privilege.

 

In deciding which punishment to mete out to Mr H Kalaba, the Committee noted that Standing Order 151 (3), at the time, only provided two options; reprimand or suspension.  The Committee also considered the fact that Mr H Kalaba, MP, had readily admitted that he had breached the rules of the House and, therefore, did not waste its time.  Additionally, he had shown remorse for his misconduct. The committee further considered its decision in the Miles Sampa case, whose facts were similar to Mr H Kalaba’s case.  In view of those considerations, the committee exercised leniency and resolved that Mr H Kalaba, MP, be reprimanded.

Hon Members, in this matter, the Committee on Privileges and Absences met to consider the matter on Tuesday, 10th October, 2023. Both the complainant and the respondent appeared before the Committee and stated their side of the story. Hon S Mulusa, MP, informed the Committee that Mr N Chilangwa, MP’s absence from the sittings of the House, without the permission from either the Hon Madam Speaker or the Government Chief Whip, prompted him to report the matter to the Committee as required by standing order 210.  In response, Mr N Chilangwa, MP, admitted to having been absent from the sittings of the National Assembly without permission from either the Hon Madam Speaker or the Government Chief Whip for a period of seven (7) days.  He submitted that at the time of the complaint, he was in his constituency attending to urgent matters and some other personal issues.  He added that these factors had made it impossible for him to attend sittings of the House and that his absence was due to circumstances beyond his control.  Finally, Mr N Chilangwa, MP, apologised for his actions and implored the Committee to exercise leniency when determining his matter. 

 

Hon Members, in considering this matter, the Committee had regard to the letter of complaint, Mr N Chilangwa, MP’s response and the oral submissions by both parties. The Committee found that Mr N Chilangwa, MP, had been absent from sittings of the House for a total of twenty-three (23) sitting days. He was, therefore, found guilty of breaching standing orders 210 and 229 of the National Assembly of Zambia Standing Orders.

 

Hon Members, the Committee deliberated on the appropriate punishment to mete out to Mr N Chilangwa, MP. In its deliberations, the Committee took into consideration the following issues: 

 

(1) he readily admitted that he had breached the rules of the House and therefore, had not wasted the Committee’s time; 

(2) he readily apologised for his conduct and was ready to be punished for it;

(3) he was remorseful both in his oral and written submissions;  

(4) there were extenuating circumstances that surrounded his absenteeism from the House;

(5) the matter was in the public domain and had attracted a lot of attention;

(6) a select committee had been appointed to scrutinise the matter and, therefore, it was in the interest of all parties that the matter be settled in a manner that would bring closure; and

(7) in the precedents relating to the absence of Mr H Kalaba and Mr M Sampa, MP, for eighteen (18) days and twenty-two (22) days, respectively, the two Members of Parliament were reprimanded because, at that time, there were only two punishment options available; that was, reprimand and suspension.  In contrast, in the present matter, the Committee had more punishment options available to it.  Additionally, the circumstances surrounding the member’s absence were beyond his control and warranted the leniency of the Committee. The matter was, therefore, distinguishable from the Kalaba and Sampa cases.

 

Hon Members, after due consideration of the above factors, the Committee exercised leniency and resolved to recommend that Mr N Chilangwa, MP, be admonished.  I fully endorse the Committee’s recommendation.

 

Therefore, in line with the recommendation of the Committee on Privileges and Absences, I now turn to address you, Mr N Chilangwa, MP. 

 

Mr N Chilangwa, MP, in order for you to effectively and efficiently perform your role as a Member of Parliament, you are required to be in the House at all times, except when permission is sought for you to be absent. According to the Members’ attendance record for the last Meeting of the House, you were absent from the House for twenty-three sitting days. As a long-standing Member of this House, you should know that absenteeism of a Member from the House, for such a prolonged period without permission of the Speaker or Government Chief Whip reflects adversely on the dignity and integrity of the House. 

 

Mr N Chilangwa, MP, your absence for such a long period was a serious error of judgment on your part and amounted to an abandonment of your duties not only to this House, but also to the people of Kawambwa Constituency whom you represent and to the nation at large. 

 

I, therefore, urge you to, in future, desist from such conduct.  I trust that, in future, you will endeavor to abide by the rules of this House and avoid the consequences of their breach. A repetition of such conduct will attract a stiffer penalty. 

 

I now order you, Mr N Chilangwa, MP, to read your apology and, thereafter resume your seat.

 

I thank you.

 

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