RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON FRIDAY, 6TH OCTOBER, 2023, BY MR B M MUNDUBILE, THE THEN LEADER OF THE OPPOSITION, AGAINST HON P C C KABUSWE, MP, MINISTER OF MINES AND MINERALS DEVELOPMENT, FOR INSINUATING THAT MEMBERS OF PARLIAMENT WHO TABLED A REPORT ON SENSELE MINE WERE ACTUALLY LAYING FALSEHOODS ON THE FLOOR OF THE HOUSE
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Hon Members, the House will recall that on Friday, 6th October, 2023, when the House was considering Question for Oral Answer No 79, and Hon P C C Kabuswe, Minister of Mines and Minerals Development, was on the Floor, Hon B M Mundubile, the then Leader of the Opposition raised a Point of Order. The Point of Order was premised on Standing Order 65 of the National Assembly of Zambia Standing Orders, 2021. In his Point of Order, Hon B M Mundubile, MP, asked whether the Hon Minister was in order to insinuate that the Members of Parliament who had laid a report on the Table on Sensele mine were actually laying falsehoods on the Floor of the House. 

In her immediate response, the Hon Madam First Deputy Speaker reserved her ruling to enable her study the matter. I have since studied the matter, and will now render my ruling. 

Hon Members, while the House was considering Question for Oral Answer No 79, and Hon P C C Kabuswe, MP, was responding to a question posed by Mr S Kampyongo, Member of Parliament for Shiwangandu Constituency, he stated that people had been lying, through the media, that there were 15,000 illegal miners at Sensele Mine which was not the correct position. The Hon Minister further stated that had there been 15,000 people at KCM, illegally mining, they would have been seen because that was a substantial number. Following the Hon Minister’s response, Hon B M Mundubile, MP, raised a Point of Order. In raising the Point of Order, he referred to the Report of the Planning and Budgeting Committee on the Effects of Illicit Financial Flows on the Budget and its Sustainability, which was Tabled in the House on 5th June, 2023. The report had revealed that there was a well syndicated and mechanised illegal mining operation at KCM, which the Government had not stopped. It was against this background that Hon B M Mundubile, MP, raised his Point of Order. 

Hon Members, the Point of order raised by Hon B M Mundubile, MP, raises the issue of a Member providing information to the House that is factual and verifiable while debating.  

Hon Members, Standing Order 65 (1) (b) of the National Assembly of Zambia Standing Orders, 2021, provides as follows: 
“(1) A member who is debating shall – 
…
(b) ensure that the information he or she provides to the House is factual and verifiable.”

Hon Members, in studying this matter, I had occasion to read the verbatim record of the proceedings for the day.  It is clear that the Hon Minister, in his response to Mr S Kampyongo, MP’s question, informed the House that people had been lying through the media that there were 15,000 illegal miners at Sensele Mine. He further went on to state that had there been 15,000 people illegally mining, they would have been seen because that was a substantial number. However, the Minister went on to state that Government was bringing systems into place to help curb illegal mining but, in the interim, the Zambia Police Service had been brought in to curb illegal mining all over the country.  

Hon Members, I also had occasion to review the Report of the Planning and Budgeting Committee on the Effects of Illicit Financial Flows on the Budget and its Sustainability. The Committee, at pages 21 and 30 of the Report, observed that there was rampant encroachment of KCM’s mine and highly syndicated illegal mining. However, the Report did not state the exact number of illegal miners that were at KCM. 

Hon Members, the Hon Minister in his response to Mr Kampyongo, MP’s question did not seek to rebut what was contained in the Report of the Planning and Budgeting Committee. Instead, the Hon Minister referred to what was reported in the media, in particular, the quantum of illegal miners at KCM. 

I, therefore, find that by going further to state that the Zambia Police Service had been engaged to help curb illegal mining all over the country, the Hon Minister admitted that there was illegal mining at various mines in the country. Further, the Hon Minister was also stating the Government’s position on the matter and rebutting what was reported in the media on the exact number of illegal miners at KCM. The Hon Minister did not at any point state that the Planning and Budgeting Committee had laid falsehoods on the Floor of the House. In that regard, he was not out of order.

I thank you.