Ruling by the Hon Madam Speaker - On a Point of Order raised on 11th October, 2023 by Mr R K Chitotela, MP for Pambashe against Hon M E Mposha, MP, Minister of Water Development and Sanitation, for allegedly misleading the House

RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON WEDNESDAY, 11TH OCTOBER, 2023 BY MR R K CHITOTELA, MEMBER OF PARLIAMENT FOR PAMBASHE CONSTITUENCY, AGAINST HON M E MPOSHA, MP, MINISTER OF WATER DEVELOPMENT AND SANITATION, FOR ALLEGEDLY MISLEADING THE HOUSE BY GIVING A CONTRADICTORY STATEMENT TO THE BUDGET SPEECH ON OUTSTANDING 2023 CONSTITUENCY DEVELOPMENT FUNDS

Hon Members, the House will recall that on Wednesday, 11th October, 2023, when the House was considering Question for Oral Answer No. 89 and Hon M E Mposha, Minister of Water Development and Sanitation had just concluded responding to a follow up question from Mr M Kafwaya, Member of Parliament for Lunte Constituency, Mr R K Chitotela, Member of Parliament for Pambashe Constituency, raised a Point of Order. 

In his Point of Order, Mr R K Chitotela, MP, cited Standing Order 65 of the National Assembly of Zambia Standing Orders, 2021, which requires a Member debating to ensure the information he or she provides to the House is factual and verifiable. Mr R K Chitotela, MP, inquired whether Hon M E Mposha, MP, was in order to mislead the House by giving a contradictory statement to the budget speech on outstanding 2023 constituency development funds.

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

Hon Members, the Point of Order raises the issue of a Member’s duty to ensure that the information he or she provides to the House, is factual and verifiable, a requirement that is well known to all 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.”

In view of the foregoing, I had recourse to the relevant verbatim record of the proceedings of Wednesday, 11th October, 2023, during consideration of Question for Oral Answer No. 89, in order to determine whether the alleged contradictory statements were made by Hon M E Mposha, MP, as alleged.

The background to the matter is that Mr M Kafwaya, MP, when asking the Minister a follow-up question, inferred that Hon M E Mposha, MP, was politicking by suggesting that there was CDF for 2023. This was contradicting the 2024 Budget Speech by the Minister of Finance and National Planning which showed that there was no CDF to be disbursed in 2023 but was forwarded to 2024.

In his response, Hon M E Mposha, MP, informed the House that he did not believe that the Minister of Finance and National Planning had stated that Government had no funds to disburse for CDF in 2023 as alleged by Mr R K Chitotela, MP. 

Hon Members, a perusal of the 2024 Budget Address by Honourable S Musokotwane, MP, Minister of Finance and National Planning, delivered to the National Assembly on Friday, 29th September, 2023, at page 32 indicates that Kwacha Three Billion Eight Hundred and Thirty-Six Million Two Hundred and Fifty-Two Thousand Six Hundred and Forty-One (K3,836,252,641) had been allocated to the Constituency Development Fund. Further, that of the Kwacha Three Billion Eight Hundred and Thirty-Six Million Two Hundred and Fifty-Two Thousand Six Hundred and Forty-One (K3,836,252,641), Kwacha Two Billion Eight Hundred and Eighty Million Four Hundred and Twenty Thousand Six Hundred and Twelve (K2, 880,420,612) was allocated to community projects and Kwacha Nine Hundred and Fifty-Five Million Eight Hundred and Thirty-Two Thousand and Twenty-Nine (K955, 832, 029) was allocated to youth and women empowerment. 

Hon Members, it is the reference O/W in relation to K2.8 Billion indicated on Page 32 of the Budget Speech which appears to have been misunderstood by Mr R K Chitotela, MP and Mr M Kafwaya, MP. Hon Members the term O/W means “of which” and not “outstanding amount” as indicated in the Budget Speech.

From the foregoing, it is clear that Hon M E Mposha, MP, did not disown the 2024 Budget Speech and was, therefore, not out of order.

Hon Members, let me take this opportunity to remind you that the Office of the Clerk has various departments that are at the disposal of Members of Parliament to enable Members perform their role efficiently. In this vein, as this is a Budget Meeting, the Parliamentary Budget Office and the Research Departments are at your disposal to help you understand technical terms or any other issues arising from documents presented to the House.

I thank you.

Ruling Date: 
Friday, November 17, 2023