RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON WEDNESDAY, 1ST NOVEMBER, 2023, BY MR M ANAKOKA, MEMBER OF PARLIAMENT FOR LUENA CONSTITUENCY, AGAINST SOME MEMBERS OF THE PATRIOTIC FRONT PARTY (PF) AND SOME INDEPENDENT MEMBERS OF PARLIAMENT, ON WHETHER THEY WERE IN ORDER TO MISCONDUCT THEMSELVES IN THE HOUSE WHEN THEY INCITED MR C C KANG’OMBE, MEMBER OF PARLIAMENT FOR KAMFINSA CONSTITUENCY, TO DEFY MADAM SPEAKER’S ORDER FOR HIM TO LEAVE THE HOUSE 

 

I order you, Mr C C Kang’ombe, Member of Parliament for Kamfinsa 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 stand behind the Member.

 

I also order the following Patriotic Front (PF) Party and independent Members of Parliament to stand by their seats:

 

1. Mr Brian M Mundubile, MP;

2. Ms Brenda Nyirenda, MP; 

3. Mr Mulenga F Fube, MP;

4. Mr Munir Zulu, MP;

5. Mr Emmanuel Tembo, MP;

6. Mr Binwell Mpundu, MP;

7. Ms Kampamba S Mulenga, MP;

8. Ms Jean N Chisenga, MP;

9. Ms Maureen Mabonga, MP;

10. Mr Luka Simumba, MP; 

11. Mr George K Chisanga, MP;

12. Mr Davies Chisopa, MP; 

13. Ms Melesiana Phiri, MP; 

14. Mr Stephen Kampyongo, MP; 

15. Ms Tasila Lungu, MP; and

16. Mr Jay E Banda, MP. The House may wish to note that Mr Jay E Banda, MP, is currently serving fourteen (14) days suspension and is therefore absent in the House. 

 

Hon Members, the House will recall that on Wednesday, 1st November, 2023, when the House had just resumed its sitting after the disruption of proceedings that had occurred, Mr M Anakoka, Member of Parliament for Luena Constituency, raised a Point of Order. In his Point of Order, he inquired whether some PF Members and some independent Members of Parliament were in order to misconduct themselves in the House when they incited Mr C C Kang’ombe, MP, to defy an order of the Hon Madam Speaker to leave the House.  The Point of Order was premised on Standing Order 205 (a) and (c) of the National Assembly of Zambia Standing Orders, 2021. 

 

Hon Members, in my immediate response, I, first, ordered Mr C C Kang’ombe, MP, to leave the Chamber, in line with my earlier order to him.  I, then, reserved my ruling. I have studied the matter and will now render my ruling. 

 

Hon Members, the background to this matter is that on Wednesday, 1st November, 2023, while Mr C C Kang’ombe, MP, was raising a Matter of Urgent Public Importance, he made reference to Article 60 (2) (e) of the Constitution, Chapter 1 of the Laws of Zambia.  He also made reference to provisions of the PF constitution. In ruling on his matter of urgent public importance, I guided Mr C C Kang’ombe, MP, on the mandate of the House which is to provide oversight, legislate, approve the Budget and represent constituencies. I, further, informed him that the House did not have the jurisdiction to interpret the law, as that was the mandate of the courts of law. I, therefore, advised him to seek relief from the courts. 

 

In total defiance of my guidance, Mr C C Kang’ombe, MP, insisted on his position and accused me of preventing him from speaking, while shouting and pointing a finger at me. I, then, rose from my seat to interrupt debate and ordered Mr C C Kang’ombe, MP, to leave the House. However, in defiance to my order, Mr C C Kang’ombe, MP, again refused to leave the House. 

 

Hon Members, subsequently, several Members of Parliament from the PF and some independent Members of Parliament, moved from their various seats and, while others standing by their seats, encouraged Mr C C Kang’ombe, MP, to defy my order for him to leave the House. Further, the said Members of Parliament contributed to the disturbance of the proceedings of the House, which ultimately prompted me to suspend business of the House. 

 

Hon Members, the Point of Order raises the following issues:

(i) a Member defying a ruling or direction of a presiding officer;

(ii) a Member causing an obstruction or disturbance within the precincts of the Assembly Chamber during the sitting of the Assembly or its committee; and

(iii) a Member creating or joining in any disturbance which interrupts or is likely to interrupt the proceedings of the Assembly or its Committee.

 

Hon Members, the National Assembly (Powers and Privileges) Act, Cap. 12 of the Laws of Zambia, provides guidance on these issues. In that regard, section 19 (c) provides as follows:

 

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

(c) causes an obstruction or disturbance within the precincts of the Assembly Chamber during a sitting of the Assembly or of a committee thereof.”

 

In addition, section 25 (f) of the Act provides as follows:

 

“25. Any person who –

 (f) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the Assembly while it is sitting;

 

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment with or without hard labour for a term not exceeding twelve months, or to both.”

 

Further, Standing Order 205 (a) of the National Assembly of Zambia Standing Orders, 2021, provides as follows: 

 

“205. Gross disorderly conduct

A member commits an act of gross disorderly conduct if the member –

(a) defies a ruling or direction of a presiding officer;”

 

Furthermore, 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 303, state as follows:

“Disobedience to the orders of the House, whether such orders are of general application or require a particular individual to do or abstain from doing a particular act is a contempt of the House. Disobedience to the orders of a Committee of the House is treated as a contempt of the House itself, provided the order disobeyed is within the scope of the Committee’s authority. To prevent, delay, obstruct or interfere with the execution of the orders of the House or a Committee thereof is also a contempt of the House. Examples of contempt are – 

… neglecting or refusing to withdraw from the House when directed to do so.”   

 

From the foregoing authorities, it is evident that a Member who causes or participates in a disturbance of the proceedings of the House commits an offence or a contempt of the House. Further, it is clear that a Member who defies a ruling or direction of a presiding officer commits an act of gross disorderly conduct. 

 

In line with parliamentary practice and procedure and the rules of natural justice, the Office of the Clerk wrote to all the identified Members requesting them to explain why they should not be found in breach of parliamentary privilege and contempt of the House for participating in inciting a Member to defy an order of the Hon Madam Speaker. 

 

Responses from the identified Members of Parliament

 

Hon Members, to ascertain which Members participated in the protest, I had recourse to a list compiled by the Office of the Clerk. The PF Members and Independent Members identified as having participated in the protest were twenty-one (21).

 

Hon Members, of the twenty-one (21) Members who responded, sixteen (16) requested that the Office of the Clerk avails them the relevant Parliament Television footage to enable them respond effectively.  I find this to be a lame excuse, insufficient to absolve them of the complaint against them.  Nonetheless, five (5) Members responded with an explanation as set out below. 

 

(i) Mr C Chibuye, MP

He denied participating in the misconduct and disruption of proceedings in the House. He explained that, during the time the proceedings of the House were disrupted, he was in his designated seat in the House. 

(ii) Mr L Chibombwe, MP

He denied participating in the misconduct that disrupted the proceedings of the House. He stated that he sat next to the Member of Parliament for Mkushi North during the time the proceedings of the House were disrupted. He further stated that he moved from his seat to sit next to the Member of Parliament for Mkushi North before Mr C C Kang’ombe, MP, rose to speak.

 

(iii) Mr P Phiri, MP

He denied participating in the misconduct that disrupted the proceedings of the House. He stated that he was seated in his designated seat but later walked out of the House. 

 

(iv) Mr A Kasandwe, MP 

He denied participating in the misconduct that disrupted the proceedings of the House. He stated that he only walked into the House when the proceedings of the House had already been suspended. 

 

(v) Mr Allen Banda, MP

He denied participating in the misconduct that disrupted the proceedings of the House. He stated that he was seated on his designated seat and left the House a few minutes after the disruption of proceedings in the House. 

 

Hon Members, while the list compiled by the Office of the Clerk included Mr C Chibuye, MP, Mr L Chibombwe, MP, Mr P Phiri, MP, Mr A Kasandwe, MP, and Mr Allen Banda, MP, a thorough review of the video footage revealed that, indeed, they did not participate in the disruption of the proceedings of the House.  In that regard, I am satisfied that Mr C Chibuye, MP, Mr L Chibombwe, MP, Mr P Phiri, MP, Mr A Kasandwe, MP, and Mr Allen Banda, MP, did not participate in the misconduct that disrupted the proceedings of the House and, consequently, I disjoin them from this matter.  

 

I now wish to address the House on the alleged misconduct. 

 

1. A Member defying a ruling or direction of a presiding officer

Hon Members, a Member who defies a ruling or direction of a presiding officer commits an act of gross disorderly conduct. While parliamentary practice and procedure permits Members to protest, the acceptable way of doing so is through walk-outs. A walk-out is where Members leave the Chamber or a Committee in protest without disrupting the business of the House.

 

The erstwhile Speaker, Rt Hon Justice Dr Patrick Matibini, SC, addressed the issue of walk-outs on several occasions.  In one of his rulings on a Point of Order raised by then Minister of Foreign Affairs, Hon H Kalaba, MP, against Members of the UPND who walked out of the House on Friday, 27th November, 2015 (National Assembly Parliamentary Debates of 18th September – 10th December, 2015, pages 3282 – 3284), he stated, inter alia, at pages 3283 – 3284, as follows:

 

 “Walk-outs, per se, do not amount to a breach of the Rules of the House or, indeed, parliamentary practice and procedure.  In view of this, the Hon Members of the UPND were not out of order to have walked-out of the House.”

Hon Members, in the matter under consideration, Mr C C Kang’ombe, MP, did not walk out of the Chamber but instead opted to defy my order for him to leave the House. Further, he continuously and directly engaged me on the issue of being ordered to leave. The other PF and some independent Members also defied the order by encouraging him. The Members encouraged him to remain in the House while others prevented the Serjeant-At-Arms from escorting Mr C C Kango’mbe, MP, from leaving the Chamber.

 

2. A Member causing, creating or joining in an obstruction or disturbance within the precincts of the Assembly Chamber during the sitting of the Assembly or its committee

 

Hon Members, a Member who causes, creates or joins in an obstruction or disturbance within the precincts of the Assembly Chamber during the sitting of the Assembly or its committee commits an act of gross disorderly conduct and is guilty of a contempt of the House.

 

I had occasion to rule on a similar matter in the case of Hon G G Nkombo, MP, Minister of Local Government and Rural Development, against PF Members and independent Members, on whether they were in order to misconduct themselves in the House, (National Assembly Daily Parliamentary Debates of Tuesday, 15th March, 2022). In that case, on Tuesday, 30th November, 2021, when the Leader of Government Business presented the policy statement for Head-01 State House, the then Leader of Opposition Mr B M Mundubile, MP, informed the House that the Yellow Book showed that the mandate of the Republican President to discharge Constitutional function was derived from repealed and replaced Constitutional provisions.  He, thus, stated that there was need to amend the Yellow Book before the Members could debate the vote. Upon being guided by the Second Deputy Speaker, sitting as Chairperson of the Committee of the Whole House, that that was a typographical error which would be corrected during approval of individual heads, Mr B M Mundubile, MP, rose and informed the House that he, together with other Members of Parliament from the PF and some Independent Members of Parliament, would proceed to protest to ensure that they were not party to the illegality.

 

Thirty (30) Members of Parliament from the PF then converged in front of the Speaker’s Mace thereby disrupting the proceedings of the House.  When the situation escalated, the Presiding Officer was compelled to suspend business for twenty (20) minutes, thereby, occasioning a disruption of business.

 

The Hon Madam First Deputy Speaker, subsequently, found the thirty (30) PF and some Independent Members of Parliament to have breached parliamentary privileges and committing contempt of the House when they protested in the Chamber.  They were suspended for a period of thirty (30) days. 

 

Hon Members, in that case, I gave guidance that while Parliamentary practice and procedure permits Members to protest, the acceptable way of doing this is through walkouts. A walk out is where Members leave the Chamber or a Committee in protest without disrupting the business of the House. 

Hon Members, in the present case, the Members did not walk out of the Chamber, but, instead, converged around Mr C C Kang’ombe, MP. This conduct, ultimately, resulted in a disturbance and the disruption of the business of the House.  In that regard, I suspended business of the House. 

 

Hon Members, the conduct of debates in Parliament is regulated by ancient conventions in order to protect decorum, dignity in the House. Erskine May’s ancient text is our cardinal reference point in terms of regulating internal proceedings of the House. Under these ancient conventions, and powers and privileges legislation, no Point of Order can be raised against the Speaker or any presiding officer. Secondly, once the speaker or presiding officer calls the House to order, all members of Parliament must resume their seats. Defying or challenging the Speaker’s ruling is an affront to authority and dignity of the House.  So freedom of speech, protection of minorities and internal democracy does not extend to lawlessness, misguided militancy and effrontery.

 

Lawlessness is not equal to freedom of expression. Deliberately defying the Speaker or any presiding officer is not only an affront to the Speaker but it is an assault or attack on our constitutional democracy. 

 

I, therefore, find Mr C C Kango’mbe, MP, and the sixteen (16) Members of Parliament, who participated in the protest in the Chamber, in breach of parliamentary privileges and in contempt of the House.

 

Hon Members, I now wish to consider the sanction to mete out to the sixteen (16) erring Members of Parliament. I note that some of them are first offenders while others are repeat offenders. I also note the gravity of the offence committed, which caused a disruption to the proceedings of the House. Additionally, the Members, in their response, were not apologetic or remorseful for their conduct.  In view of this, I wish to invoke the provisions of section 28 (2) of the National Assembly (Powers and Privileges) Act, which provides for the penalty of suspension, as follows:

 

“28. (2) Where a Member is found to have committed contempt of the Assembly of a serious nature, and none of the other penalties are sufficient for the contempt committed by the member, the Speaker shall, on the resolution of the Assembly, suspend the member from the Assembly for a period not exceeding thirty days”. 

 

I now turn to address Mr C C Kangombe, MP, and the sixteen (16) Members.

 

The House is extremely displeased with your gross misconduct of defying an order of the presiding officer, creating, joining and causing a disturbance in the Chamber, thereby, disrupting the proceedings of the House. The dishonourable conduct diminishes the respect due to you as Members of this august House. This is a House of honour, decorum and dignity, and as such, your conduct ought to be exemplary and above reproach. I wish to make it clear that I will not tolerate gross indiscipline and misconduct from you or any Member of this House. The honour, decorum, integrity and dignity of the House must be protected and preserved. I do trust that you will reflect seriously on your conduct and, in future, refrain from conduct unbefitting of a Member of Parliament. 

Hon Members, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House, I now put the Question: The Question is, that the House suspends Mr C C Kangombe, MP, and the sixteen (16) Members of Parliament that participated in the protest in the Chamber on Wednesday, 1st November, 2023, for a period of thirty (30) days.

 

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

 

(Pause)

 

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.

 

Hon Members, the suspension is with effect from today, Tuesday, 7th November to Wednesday, 6th December, 2023.  However, with regard to Mr E J Banda, MP, who is currently on fourteen days suspension, the suspension is with effect from Saturday, 25th November to Sunday, 24th December, 2023.

 

 

Hon Members, before you take the walk of shame, 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 an activity of the Assembly or any committee that you are assigned to, in your capacity as Member of Parliament; and

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

 

I now order you, the suspended Members of Parliament, to immediately leave the Chamber through the Main Entrance, on thirty (30) days suspension. 

 

I THANK YOU.

______________________

 

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.