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Hon Members will recall that on Friday, 13th October, 2023, when the House was considering Question for Oral Answer No 99, and Hon C Milupi, Acting Minister of Health, was on the Floor, Mr A Katakwe, Member of Parliament for Solwezi East Constituency, raised a Point of Order against Mr E J Banda, Member of Parliament for Petauke Central Constituency. In his Point of Order, Mr A Katakwe, MP, enquired whether Mr J E Banda, MP, then Whip for the Independent Members of Parliament, was in order to conduct himself in a disorderly manner in light of his position as Independent Whip. The Point of Order was premised on Standing Order 49 of the National Assembly of Zambia Standing Orders, 2021.

 

In my immediate response, I reserved my ruling to enable me study the matter. I have since studied the matter, and will now render my ruling. 

 

Hon Members, the background to this matter is that on the material date, when the House was considering the Vice-President’s Question Time, Mr J E Banda, MP, rose from his seat and went to sit next to Mr E M Musonda, Member of Parliament for Lupososhi Constituency. Subsequently, I ordered Mr J E Banda, MP, to return to his seat because he had been walking about, greeting people and giving his back to the Presiding Officer. While walking to his seat he pointed at the Members on the right and continued walking slowly to his seat. At that point, I ordered Mr J E Banda, MP, to leave the House. However, instead of quickly leaving the House, Mr J E Banda, MP, continued to walk slowly while greeting Members near him as I asked him to move quickly. Mr J E Banda, MP, ignored the order which prompted me to request the Sergeant-At-Arms to escort him out of the House. Mr J E Banda, MP, was then escorted out of the House by the Members of Parliament who were near him. It was against this background that Mr A Katakwe, MP, anchored his Point of Order. 

 

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly wrote to Mr J E Banda, MP, requesting him to state his side of the story regarding the Point of Order. 

 

In his response, Mr J E Banda, MP, stated that despite the allegation that he had exhibited disorderly conduct on the Floor of the House and showed disrespect to the presiding officer, the letter did not disclose what amounted to disorderly conduct and showing disrespect to the presiding officer. Further, he alleged that he had already been punished for his conduct, on the material date, by being sent out of the House. He, therefore, requested that he be furnished with sufficient details to enable him respond. 

 

Hon Members, the Point of Order by Mr A Katakwe, MP, raises the following issues: 

1. a member exhibiting disorderly conduct on the Floor of the House and showing disrespect to a presiding officer; and

2. the failure to assist the presiding officer in maintaining order and discipline in the House. 

 

I will proceed to deal with the two issues, seriatim.

 

1. A MEMBER EXHIBITING DISORDERLY CONDUCT ON THE FLOOR OF THE HOUSE AND SHOWING DISRESPECT TO A PRESIDING OFFICER

 

Hon Members, section 19 the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia, is instructive in this regard. Section 19 (d) and (e) provides 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 Order 205 (a) (i) and (j) provides as follows:  

“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; or 

(j) commits an act that, in the opinion of the Speaker, constitutes gross disorderly conduct.”

 

Additionally, eminent authors on parliamentary practice and procedure, M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016) on page 303, state as follows:

“Disobedience to the orders of the House, whether such orders are of general application or require a particular individual to do or abstain from doing a particular act is a contempt of the House…. Examples of contempt are – 

… neglecting or refusing to withdraw from the House when directed to do so.”

 

From the foregoing authorities, it is clear that a Member who defies a ruling or direction of a presiding officer commits an act of gross disorderly conduct. 

 

Hon Members, I had recourse to the verbatim record and the Parliament Television footage of the proceedings of Friday, 13th October, 2023, which confirms that Mr J E Banda, MP, disobeyed my order when I directed him to leave the House. He, then, had to be escorted out of the House by Members near him after I ordered the Sergeant-At-Arms to escort him out of the House. The alleged act of defiance by Mr J E Banda, MP, was to the serious detriment of the dignity, and orderly conduct of the business of the House. The conduct, therefore, flies in the teeth of Standing Order 205 (a), (i) and (j) of the Standing Orders.

 

However, it is imperative to note that I had already imposed a punishment on Mr J E Banda, MP, for exhibiting gross disorderly conduct and breaching Parliamentary etiquette on the Floor of the House. The punishment imposed was sending him out of the House for one sitting day. This was anchored on Standing Order 204 (3) which provides as follows: 

“204. (3) A member who breaches a rule of etiquette may be sent out of the House for one sitting day.”

 

In view of the foregoing, I am constrained from imposing further punishment on Mr J E Banda, MP, for the same offence.

 

2. THE FAILURE TO ASSIST THE PRESIDING OFFICER IN MAINTAINING ORDER AND DISCIPLINE IN THE HOUSE

 

Hon Members, Standing Order 49 (e) provides as follows:

“The duties of a Party Whip or Whip includes-

(e) assisting the presiding officers to maintain discipline in the House.”

 

Further, the erstwhile Speaker, Right Hon Dr Patrick Matibini, MP, had occasion to consider a similar matter in the case of Mr S Kampyongo v Hon G G Nkombo and Hon G G Nkombo v Mr F Sikazwe (National Assembly Parliamentary Debates of Tuesday, 28th March, 2017). This matter was in relation to Hon G G Nkombo, MP’s, disrespectful conduct towards the Hon Mr Speaker. In addressing Hon G G Nkombo, MP, Hon Dr Patrick Matibini, MP, stated as follows: 

“Mr Nkombo, as a long-serving Member of this House, a whip of the UPND and member of the Committee on Privileges, Absences and Support Services, your conduct in the House and outside ought to be exemplary and beyond reproach.  If you feel strongly about certain issues, including the need to challenge the Chair, there are procedures that the rules of this House prescribe.  It is, therefore, unacceptable for you as a whip of your political party… to champion a behaviour that borders on breach of parliamentary etiquette and decorum of the House…”

 

Therefore, Mr J E Banda, MP’s, conduct was a clear violation of Standing Order 49 (e), because instead of assisting in maintaining order and discipline, he participated in creating disorder in the House.  As a Whip in the House, he was required to be beyond reproach to enable him effectively assist presiding officers in maintaining discipline in the House as stated in the Kampyongo case cited above. 

 

Hon Members, you may recall that at the time of the breach, Mr J E Banda, MP, was the Whip of the Independent Members in the House. However, following the withdrawal of several Independent Members from the leadership of Mr J E Banda, MP, as Whip of the Independent Members, he is no longer a Whip for the Independent Members in the House. 

 

Hon Members, despite this turn of events, I wish to address Mr J E Banda, MP, with regard to his conduct in the House.

Mr J E Banda, MP, as an Hon Member and former Whip in this House, your conduct in the House ought to be exemplary and beyond reproach. It is, therefore, unacceptable for you to perpetrate behaviour that borders on breach of parliamentary etiquette and decorum of the House. If you continue on this path, it will be difficult for you to effectively represent the people of Petauke Central Constituency in the House. It is my sincere hope that you will consider my counsel, and reflect seriously, on your responsibilities to this House as an Honourable Member. 

 

I THANK YOU.