I order you, Mr K Mukosa, Member of Parliament for Chinsali Constituency to go and stand behind the Bar of the House. I also instruct the Serjeant-At-Arms to take the Speaker’s mace and stand behind the Member.

Hon Members, before I proceed, I wish to inform the House that this ruling is against Mr K Mukosa, MP, Mr B M Mundubile, Member of Parliament for Mporokoso Constituency, and Mr S Kampyongo, Member of Parliament for Shiwang’andu Constituency.  However, since Mr Mundubile, MP, and Mr Kampyongo, MP, have just been suspended, they are not in the House. 

Hon Members, the House will recall that on Tuesday, 3rd October, 2023, when the House was considering the Motion of Supply on the 2024, National Budget, and Mr B Mpundu, Member of Parliament for Nkana Constituency, was debating, Hon C Mweetwa, MP, Minister of Information and Media, raised a Point of Order against Mr B M Mundubile, MP, then Leader of the Opposition, and the Patriotic Front Party (PF) Members of Parliament. 

In his Point of Order, Hon C Mweetwa, MP, inquired whether the Hon Members were in order, to violate the rules of the House by rising without being granted the Floor by the Presiding Officer and, thereafter, engaging in an argument with the Presiding Officer, and not resuming their seats when the Presiding Officer was addressing them. 

In his immediate response, the Hon Mr Second Deputy Speaker reserved his ruling in order to study the matter.

Additionally, on Wednesday, 4th October, 2023, the Office of the Hon Madam Speaker received a letter of complaint from Hon C Mweetwa, MP. In his complaint, he clarified that the PF party Members of Parliament he was referring to in his Point of Order of Tuesday, 3rd October, 2023, were, Mr B M Mundubile, MP, Mr S Kampyongo, MP, Mr K Mukosa, MP, and Mr M F Fube, MP.  Hon C Mweetwa, MP, stated that their conduct was a breach of Standing Orders 203 (1) and (2), 204 (1) and (205) of the National Assembly of Zambia Standing Orders, 2021. He, thus, requested the Hon Madam Speaker, and the House, to address the alleged misconduct as it had the potential to undermine the decorum and repute of the House.

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 wrote to Mr B M Mundubile, MP, Mr S Kampyongo, MP, Mr K Mukosa, MP and Mr M F Fube, MP, requesting them to state their side of the story.

Hon Members, Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, in their letters of response denied the allegations as contained in the letter of complaint by Hon C Mweetwa, MP. They instead, alleged that the incidence occurred due to the Presiding Officer’s partiality, when he admitted Hon C Mweetwa, MP’s Point of Order, against his earlier guidance that he would not admit any Points of Order. They also contended that the Point of Order raised by Hon C Mweetwa, MP, ought not to have been admitted, as he did not cite the Standing Order that was breached. Additionally, they argued that the complaint was inadmissible as it was premised on a Point of Order raised on Tuesday, 3rd October, 2023, whose ruling was still pending.

Further, Mr K Mukosa, MP, indicated that it was not his intention to argue with the Presiding Officer but, that he was merely advising Hon P C Kabuswe, MP, Minister of Mines and Minerals Development to change his line of debate after he had belittled Mr B Mpundu, MP, during his debate.

Mr M F Fube, MP, denied all the allegations levelled against him. 

Hon Members, I have studied the matter and will now render my ruling. 

The Point of Order and Complaint by Hon C Mweetwa, MP, raises the issue of a Member exhibiting gross disorderly conduct on the Floor of the House, and showing disrespect to the Presiding Officer.

Hon Members, the authorities on this matter are as follows:

The National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia is instructive on the conduct of Members in the precincts of the National Assembly. In particular, section 19 (d) provides as follows:

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

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

Additionally, Standing Order 203 (1) and (2) of the National Assembly of Zambia Standing Orders, 2021, 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.”

Further, Standing Order 204 (1) and (2) (g), (h), (u) and (x) amongst others, sets out the rules of Parliamentary decorum and etiquette as follows: 

“204. (1) Parliamentary decorum and etiquette refers to an essential standard of behaviour that a member must observe in the House in order to maintain the dignity and decency of the House. 

(2) A member shall observe the following rules of parliamentary etiquette-

(g) a member shall listen in silence to the debates in the House;

(h) a member shall not obstruct, interrupt proceedings or make disruptive running commentaries when another member is speaking;

(u) a member shall resume his or her seat as soon as the presiding officer rises to speak or calls out 'order' or “a Point of Order is raised; and

(x) a member shall not argue with another member who is debating. The member may, however, wait for his or her turn to rebut or contribute to the debate.”

Furthermore, Standing Order 205 sets out the circumstances that amount to gross disorderly conduct in the precincts of the National Assembly. Standing Order 205 (a) provides as follows:

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

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

(i) acts in any other way to the serious detriment of the dignity or orderly procedure of the House.”

Hon Members, in order to ascertain what transpired on the material date, I had recourse to the verbatim record and the video footage of the Parliamentary proceedings of Tuesday, 3rd October, 2023. The records reveal the following:

(i) when the Hon Mr Second Deputy Speaker was guiding Mr B Mpundu, MP, to ensure that his debate was factual so that he did not mislead the public at large, Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, kept interjecting him and debating while seated;

(ii) while Mr B Mpundu, MP, was debating, Mr B M Mundubile, MP, indicated that he wished to raise a Point of Order, but his Point of Order was not recognised by the Presiding Order. However, when the Presiding Officer accorded Hon C M Mweetwa, MP, an opportunity to raise a Point of Order, Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, rose in protest. When the Hon Mr Second Deputy Speaker asked them to resume their seats, they defied his directive;

(iii) when Mr B M Mundubile, MP, was addressed and directed to resume his seat, he blatantly refused to do so.  He instead, engaged in an argument with the Presiding Officer, demanding that since he had raised a Point of Order before Hon C Mweetwa, MP, he would only resume his seat once Hon C Mweetwa, MP, had resumed his seat; and

(iv) upon resuming their seats, Mr B M Mundubile, MP, continued debating while seated, prompting the Hon Deputy Speaker to ask him to leave the Chamber.

Hon Members, I also, note that the verbatim record reveals that during the interruptions, Mr K Mukosa, MP, used an offensive and provocative word in vernacular.  As a result, the Presiding Officer cautioned him to desist from using such language on the Floor of the House. 

I further note that the verbatim record and video footage does not capture Mr M F Fube, MP, as alleged in the complaint. 

Hon Members, I have guided in a plethora of rulings that when raising a Point of Order, it is a mandatory requirement under Standing Order 131 (3) for a member to cite the Standing Order, law on privilege of members, rule of procedure or practice, which has allegedly been breached. Where a member fails or does not adequately do so, the presiding officer may rule that the Point of Order is inadmissible.

Hon Members, ordinarily, the Point of Order by Hon C Mweetwa, MP, should not have been sustained because the Hon Minister did not cite the Standing Order that was breached. However, in addition to his Point of Order, Mr C Mweetwa, MP, filed a complaint the following day, on Wednesday, 4th October, 2023, where he cited the provisions of the Standing Orders that were breached, in order to clarify the Point of Order. 

 

Hon Members, it is noteworthy that a Member may file a complaint, in addition to a Point of Order previously raised, to clarify matters, as Hon C Mweetwa, MP, did, and not to raise a new matter.  For this reason, I will still proceed to render my findings on this matter.

 

Hon Members, in the instant case, Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, rose in protest, when the Presiding Officer accorded Hon C Mweetwa, MP, an opportunity to raise a Point of Order. They further, defied the directive by the Hon Mr Second Deputy Speaker to resume their seats, instead, they engaged in an argument with the Presiding Officer. 

 

Despite resuming their seats, Mr B M Mundubile, MP, continued debating while seated. The Hon Members have explained that their protests were prompted by the alleged bias exhibited by the Presiding Officer in refusing to admit their Points of Order ahead of Hon C Mweetwa, MP’s, Point of Order. That being the case, Hon Members, the aggrieved Members had the option of evoking the procedure outlined in Standing Order 226, on challenging a decision of a Presiding Officer. 

 

Hon Members, the conduct by Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, was disorderly and disrespectful to the Presiding Officer, and amounted to a breach of section 19 (d) of the National Assembly (Powers and Privileges) Act, and Standing Orders 203 (1) and (2), 204 (1) and (2) (g) (h) and (u), and 205 (a).

 

Further, Hon Members, the use of offensive, provocative, insulting, or threatening language is unparliamentary, and thus, prohibited under Standing Order 66 (1) and (2).  I, therefore, find that Mr K Mukosa, MP’s, use of a vernacular provocative and insulting word during the proceedings was unparliamentary, and a breach of Standing Order 66 (1) and (2). 

Hon Members, as earlier noted, the verbatim record and video footage did not capture Mr M F Fube, MP, as alleged in the complaint.  In this regard, Mr M Fube, MP, was not in breach of the Standing Orders cited and consequently, not out of order.

Hon Members, the conduct exhibited by Mr B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP, is very serious.  In that regard, in sanctioning the three (03) erring Members of Parliament, I note the circumstances that led to the breach by the Members. Therefore, I am compelled to exercise leniency in sanctioning them.  However, I also note the gravity of the offence committed. In addition, 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 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 K Mukosa, MP, and also Mr B M Mundubile, MP, and Mr S Kampyongo, MP, in absentia.

The House is extremely displeased with your misconduct of showing intentional disrespect to the Hon Mr Second Deputy Speaker. As senior Members of this House, you know the procedure to follow if you are dissatisfied with a decision of a Presiding Officer. Your conduct of disrespecting and undermining the directive of the Presiding Officer lowered the honour, decorum, integrity and dignity of the House, which must be always protected and conserved. 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 B M Mundubile, MP, Mr S Kampyongo, MP, and Mr K Mukosa, MP,  for gross disorderly conduct and  showing disrespect to the Hon Mr Second Deputy Speaker, while in the Assembly Chamber, on  Tuesday, 3rd October, 2023, for a period of seven (07) 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, with regard to Mr K Mukosa, MP, the suspension is with effect from today, Tuesday 7th November to Monday, 13th November, 2023.  However, with regard to Mr B M Mundubile, MP, and Mr S Kampyongo, MP, who are serving a thirty (30) days suspension, their suspension is with effect from Thursday, 7th December to Wednesday, 13th 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:

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

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

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

I now order you, Mr K Mukosa, MP, to immediately leave the Chamber through the Main Entrance, on seven (07) 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.