Hon Members I have a ruling to render against Mr M Kafwaya, Member of Parliament for Lunte Constituency, who was found in breach of parliamentary privilege and in contempt of the House, on a Complaint by Mr C Andeleki, Mem,ber of Parliament for Katombola Constituency.  As per our practice and procedure, a Member who is found in breach of parliamentary privilege and contempt of the House, is required to be present in the House when the ruling is delivered. In that regard, Mr M Kafwaya, MP, was contacted by the Office of the Clerk to remind him to be present in the House, today, Tuesday, 7th November, 2023. However, Mr M kafwaya, MP, elected to absent himself from the House. I will, nonetheless proceed to render the ruling. 

 

Hon Members, on Thursday, 5th October, 2023, my office received a letter of complaint, from Mr C Andeleki, MP, against Mr M Kafwaya, Member of Parliament for Lunte Constituency. 

In his letter, Mr C Andeleki, MP, alleged that Mr M Kafwaya, MP, conducted himself in a disorderly manner on the Floor of the House, and was disrespectful to the Hon Madam First Deputy Speaker. He stated that Mr M Kafwaya, MP, rose without being authorised by the Presiding Officer and threatened her, while pointing a finger at her.  Further, he alleged that after being ordered to leave the Chamber, Mr M Kafwaya, MP, did not exit through the nearest door but instead, he passed in front of the Speaker’s mace, whilst pointing a finger and making threats to Hon S Kakubo, MP, Minister of Foreign Affairs and International Cooperation.  He concluded his letter by stating that Mr M Kafwaya, MP’s, conduct did not only breach practice but also contravened the privileges of Members contained in the National Assembly of Zambia Standing Orders, 2021. 

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, the Office of the Clerk wrote to Mr M  Kafwaya, MP, requesting him to state his side of the story on the complaint. In response, Mr M Kafwaya, MP, denied the allegations against him, and contended that Mr C Andeleki, MP, had deliberately miscomprehended what transpired on the material date. His response can be summarised as follows:

(a) that at no time did he point a finger at the presiding officer. Instead, he was pointing in the direction of Hon S Kakubo, MP, while complaining to the Presiding Officer about the Minister;

(b) he did not refuse to leave the Chamber but did so without any form of resistance;

(c) he did not see the Speaker’s mace as he left the House;

(d) he did not threaten the Minister as he walked past the row in which he was seated.  Instead, he pointed at the Minister and told him that he had earned him an ejection from the House; and 

(e) he wanted to reach the elevator as quickly as possible and as such he used the exit that was nearest to the elevator.

Hon Members, the complaint by Mr C Andeleki, MP, raises the following issues:

(i) a Member exhibiting disorderly conduct on the Floor of the House; and 

(ii) a Member showing disrespect to the Presiding Officer.

 

Hon Members, I will address the issues raised seriatim.

 

(1) A Member exhibiting disorderly conduct on the Floor of the House

The National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, is instructive on this issue. 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 Orders Orders 203 (1) and (2), 204 (2) (h) and 205 (a) and (i) of the National Assembly of Zambia Standing Orders, 2021, provide 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.”

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

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

“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;”

(2) A Member showing disrespect to a Presiding Officer

Hon Members, my predecessor had occasion to rule on a similar matter on the complaint by Hon B Mundubile, MP, the then Government Chief Whip against, Hon G G Nkombo, MP, on the latter’s disrespectful conduct towards the Hon Madam First Deputy Speaker, Catherine Namugala, MP, on Thursday, 19th September, 2019 (National Assembly Daily Parliamentary Debates of Tuesday, 12th November, 2019).  In that case, Hon G G Nkombo, MP, openly disregarded the Hon Madam First Deputy Speaker’s guidance on his request to be reinstated on the list of Members to debate.  Further, he directly engaged Madam First Deputy Speaker on the Floor of the House and also engaged Prof Nkandu Luo, MP, in disregard of the authority of the Presiding Officer. Additionally, he showed disrespect to the Hon Madam First Deputy Speaker, by his failure to withdraw from the Chamber through the nearest door when he was ordered to leave the Chamber.  Instead, he elected to walk around the Chamber, whilst making utterances, and pointing fingers.  Following a hearing conducted by the Committee on Privileges, Absences, and Support Services, Hon G G Nkombo, MP, was suspended from the House for ten (10) days, for exhibiting disorderly conduct in the House and showing disrespect to the presiding officer.

Hon Members, I have since reviewed the verbatim record and the relevant video footage of the proceedings for that day, as well as the letter of complaint and established the following:

(i) Mr M Kafwaya, MP, made disruptive running commentaries when Hon S Kakubo, MP, was on the Floor. He repeatedly referred to the Minister’s response to a question as “nonsense!”;

(ii) Although Mr M Kafwaya, MP, alleged that when he was ordered to leave the house, he was so shocked that he lost energy in his legs and consequently went down on the bench, the video footage shows that he stood up after he was asked to leave the Chamber and repeatedly engaged the Speaker before resuming his seat; 

(iii) After resuming his seat, Mr M Kafwaya, MP, continued to engage Hon Madam First Deputy Speaker. Mr M Kafwaya, MP, only decided to leave the Chamber when the Hon Madam First Deputy Speaker requested the Sergeant-At-Arms to assist him; and

(iv) Mr M Kafwaya, MP, admitted that he did not leave the Chamber through the nearest exit door but justified his actions by stating that he did so because he had lost energy due to what he considered as double injustice. The video footage revealed that when Mr M Kafwaya, MP, was ordered to leave the Chamber, he did not do so through the nearest door.  Instead, he opted to pass in front of the Speaker’s mace whilst pointing a finger at Hon S Kakubo, MP. 

Hon Members, it is clear that Mr M Kafwaya, MP, misconducted himself in the House and indeed showed disrespect to the presiding officer. He continuously engaged the Presiding Officer despite being guided on the use of the word “nonsense”, thus showing disrespect to her. Further, when he was requested to leave the Chamber, instead of doing so quickly, he continued to engage the Hon Madam First Deputy Speaker until she ordered the Sergeant-At-Arms to escort him from the House.  Lastly, instead of using the nearest exit to leave the Chamber, Mr M Kafwaya, MP, opted to pass in front of the Speaker’s mace and use the exit that was furthest from where he sat. 

 

Hon Members, the rules of the House on etiquette and decorum, including the Standing Orders cited above were formulated to maintain discipline, decorum and the dignity of the House. Therefore, Hon Members are called upon to, at all times, conduct themselves in a manner that upholds the dignity and decorum of the House. 

 

Hon Members, taking into account the gravity of the offence committed by Mr M Kafwaya, MP, I have, in exercise of my powers under section 28 (2) of the National Assembly (Powers and Privileges) Act, decided to suspend Mr M Kafwaya, MP, from the service of the National Assembly for a period of seven (7) days.

 

Thus, 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 M Kafwaya, MP, for a period of seven (7) days with effect from today, Tuesday, 7th November, 2023.

 

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, although Mr M Kafwaya, MP, is not present in the House, I will proceed to address him.

Mr M Kafwaya, MP, your exhibition of disorderly conduct and disrespect towards the Hon Malungo A Chisangano, MP, First Deputy Speaker, is unbefitting the conduct of a Member of Parliament. Further, as a long-serving 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 since you are a first offender, I have elected to exercise leniency on you. I wish to reiterate that I will not tolerate gross indiscipline and misconduct from you or indeed, any 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 senior and long-serving Member of the House. 

Finally, 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 to, 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, Mr M Kafwaya, MP, to proceed on seven (7) days suspension with effect from, today, Tuesday, 7th November, 2023 to Monday, 13th November, 2023, as resolved by the House.

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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