RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON TUESDAY, 5TH DECEMBER, 2023, BY MR L M MUFALALI, NOMINATED MEMBER OF PARLIAMENT AGAINST THE HOUSE FOR DEBATING A MATTER STILL UNDER CONSIDERATION BY THE PUBLIC ACCOUNTS COMMITTEE (PAC)

Hon Members, the House will recall that on Tuesday, 5th December, 2023, when the House was considering Question for Oral Answer No 156, and Hon M E Mposha, Minister of Water Development and Sanitation had just concluded responding to a follow up question, Mr L M Mufalali, nominated Member of Parliament, raised a Point of Order, premised on Standing Order 239 (1) and (2) of the National Assembly of Zambia, Standing Orders, 2021.

In his Point of Order, Mr L M Mufalali, MP, stated that the House had a standing tradition where if a question or a matter was before a Committee, it could not be brought before the House until the Committee had decided on that matter. He added that the question that was being considered on the Floor, that is, Question for Oral Answer No 156, was one that was before the Public Accounts Committee and had not yet been resolved. In that regard, he enquired whether the House was in order to bring a question, which was before a Committee.

In her immediate response, the Hon Madam First Deputy Speaker reserved her ruling to enable her study the matter. I have studied the matter and will now render my ruling. 
Hon Members, I have had on several occasions guided the House on the form, manner and admissibility criteria of a Point of Order.  Therefore, I, will not belabour the point.  Suffice to state that Standing Order 131 of the National Assembly of Zambia Standing Orders, 2021, is instructive on the procedure for raising a Point of Order and states as follows:
“131. (1) A Member who is of the opinion that the rules of procedure have been breached by another Member, may raise a Point of Order.”

Further, the erstwhile Rt Hon Justice Dr Patrick Matibini, SC, had occasion to rule on this matter in a ruling on a Point of Order raised by Dr M Malama, then Member of Parliament for Kanchibiya Constituency against the House, for allowing the exhibition of “political colours”, (Daily Parliamentary Debates of Tuesday, 27th February, 2018).  In that case, the Hon Mr Speaker stated as follows: 

“...a Point of Order cannot be raised against the House. This is because the purpose of a Point of Order is to draw the Speaker’s attention to a breach of the rules of the House by a Member...”

From the foregoing authorities, it is clear that a Point of Order cannot be raised against the House but against a Member. On that basis, the Point of Order raised by Mr L M Mufalali, MP, is inadmissible.

I thank you.