Hon Members, the House will recall that on Wednesday, 25th October, 2023, when the House was considering the Motion of Supply, two Points of Order were raised by Hon C Mulenga, MP, Minister of Commerce, Trade and Industry and by Hon L Mbao, MP, Minister of Northern Province. The Points of Order were with regard to whether Members of the Patriotic Front Party (PF) were in order to abscond from sittings of the House immediately after registering their presence. 

 

In his immediate response to both Points of Order, the Hon Mr Second Deputy Speaker reserved his ruling in order to enable him carefully study the matters. 

 

Hon Members, the Points of Order raise the issue of the propriety of Members of Parliament absconding from a sitting of the House and later collecting the sitting allowance for that sitting.

 

Hon Members, the erstwhile Speaker, Rt Hon Justice Dr Patrick Matibini, SC, had occasion to rule on a similar matter. On Thursday, 19th November, 2015, the erstwhile Minister of Local Government and Housing, Mr Stephen Kampyongo, MP, raised a Point of Order against Members of Parliament from the United Party for National Development Party (UPND) for merely registering their presence in the House and, thereafter, walking out of the House (National Assembly Parliamentary Debates of 18th September – 10th December, 2015, pages 1867 – 1871). In that Ruling, the Hon Mr Speaker stated, at page 1870, as follows:

 

“Hon Members, I will now address the ethical conduct or morality of hon Members of Parliament merely registering their presence in the House and walking out immediately thereafter, never to return to the House for the rest of the day for whatever reasons or cause… Such conduct is not only dishonourable and dishonest, but is also unbefitting of the status and dignity of an Hon Member. Worse still, this action is also tantamount to obtaining pecuniary advantage by false pretences contrary to section 309A of the Penal Code Act, Cap 87 of the Laws of Zambia.  In essence, it amounts to a criminal offence for which a Member may, on conviction, be liable to imprisonment for five years.

I, therefore, urge all Hon Members to refrain from conducting themselves in such a dishonest and dishonourable manner…”

 

In the aforesaid ruling, a number of walk-outs had occurred which led to the Point of Order that was raised by Mr S Kampyongo, MP.

Hon Members, in investigating these matters, I had recourse to the relevant video footage and verbatim records of the proceedings of Wednesday, 25th October, 2023. I will now address the two Points of Order seriatim.

 

1. Point of Order raised by Hon C Mulenga, MP

 

Hon Members, the video footage reveals that the PF Members were present at the commencement of the proceedings of the House. However, whilst the business of the day was underway, a number of the PF Members walked out of the House, at different times. At the time the Point of Order was raised, all the PF Members had left the House, with the exception of three (3).  They, however, returned to the House after the health break.  

 

2. On a Point of Order raised by Hon L Mbao, MP 

 

Hon Members, with regard to this Point of Order, it is not clear from the video footage at what point the PF Members left the House. The video footage, however, shows that they did not return to the House for the rest of the sitting. 

 

Hon Members, I have guided on a number of occasions that walk-outs are a permissible form of protest under parliamentary democracy.  In that regard, they do not amount to a breach of the rules of the House or indeed parliamentary practice and procedure per se.  What is, however, frowned upon is the conduct of walking out of the House and not returning for the rest of the House’s sitting, while collecting allowances. This kind of conduct is not only dishonest and dishonourable, but is also criminal, as stated by my predecessor. 

 

Hon Members, in the present case, the Hon Members of the PF walked out at various times, returned to the House after the break, and then left again at unknown times, without returning. At those times, the Business of the House was well underway. It is, therefore, clear that the PF Members of Parliament did not merely register their presence, and abscond, as alleged. They were, therefore, not out of order. 

 

Hon Members, I, however, wish to take this opportunity to caution Members of Parliament against the practice of being out of the House for prolonged periods in a sitting, as this has the unfortunate tendency of denying the electorate their representation in the House.  Currently, the House is deeply engaged in the crucial task of deliberating and passing the National Budget.  It is, therefore, regrettable for Members to choose to be absent from the House during this period, as it directly and substantially impacts the lives of citizens. It goes without saying that Hon Members have a responsibility to their constituents to consistently participate in the House's proceedings. I, therefore, urge you all to attend sittings at all times.

 

I thank you.