I order you, Mr L Simumba, MP, to stand in your seat.

 

Hon Members, on Friday, 15th September, 2023, my office received a letter of complaint from Mr M Anakoka, Member of Parliament for Luena Constituency. The complaint related to the conduct by Mr L Simumba, Member of Parliament for Nakonde Constituency, of taking an unauthorised substance into the Chamber on Thursday, 14th September, 2023. 

 

In the letter, Mr M Anakoka, MP, stated that while the House was considering the Motion of Thanks on His Excellency the President’s Address to the National Assembly, Mr L Simumba, MP, while debating, displayed a small packet of white substance whose chemical composition could not immediately be ascertained. He further alleged that the white substance posed a serious health risk to the Members of Parliament and National Assembly staff. The complaint was premised on Standing Orders 202 to 205 of the National Assembly of Zambia Standing Orders, 2021, which relate to a Member upholding the dignity and decorum of the House. I have studied the matter and will now render my ruling. 

 

Hon Members, in studying this matter, I had occasion to review the relevant Parliament Television footage and the verbatim record of the proceedings of the material day.  This investigation clearly revealed that Mr L Simumba, MP, while debating, did attempt to use a small packet containing a white substance to substantiate a claim he was making. Secondly, the Hon Madam First Deputy Speaker, immediately guided that it was not allowed to use such an item during debate in the House. Further, a perusal of the verbatim record of the proceedings of Thursday, 14th September, 2023, revealed that Mr L Simumba, MP, displayed a plastic containing a white substance in the House.

 

Hon Members, the complaint by Mr M Anakoka, MP, raises the following issues:

(i) the duty of a Member to ensure that his or her conduct upholds the dignity, integrity and decorum of the House; and

(ii) the duty of a member not to display exhibits in the House.  

 

1. The duty of a Member to ensure that his or her conduct upholds dignity, integrity and decorum of the House

 

Standing Order 203 (1) and (2) is instructive on this matter and provides as follows:

“203. (1) A member shall at all times conduct himself or herself in a manner that upholds the dignity, integrity and decorum of the House. 

(2) A member shall not act in a manner that brings the House or other members generally into disrepute.”

Further, Standing Order 204 (1) provides as follows:

“204. (1) Parliamentary decorum and etiquette refers to an essential standard of behaviour that a member must observe in the House in order to maintain the dignity and decency of the House.”

 

2. The duty of a member not to display exhibits in the House

 

Rule 12 of Chapter Five of the National Assembly Members’ Handbook, 2006, prohibits Members from displaying exhibits in the House. 

 

Hon Members, in line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on 13th October, 2023, the Office of the Clerk of the National Assembly wrote to Mr L Simumba, MP, requesting him to state his side of the story on the matter. In his response, Mr L Simumba, MP, explained that it was public knowledge that in the run up to the General Elections held on 12th August, 2021, Mr Hakainde Hichilema, then Presidential candidate of the United Party for National Development Party (UPND), used small sachets of mealie meal and cooking oil as exhibits when addressing various rallies. He stated that the small sachets of mealie meal, affectionately called “pamela”, were used to demonstrate how the Patriotic Front Party (PF), who were the Party in Government at the time, were causing massive hunger in the country. 

 

Mr L Simumba, MP, added that he elected to adopt the same style when debating in order to substantiate his claim that life had become unbearable under the UPND government, contrary to the campaign promises. Finally, Mr L Simumba, MP, stated that the complaint against him was meant to distress him and impair his thought process so that he failed to debate in the House. He, therefore, urged the Rt Hon Madam Speaker to dismiss the complaint for being contemptuous, and order Mr M Anakoka, MP, to apologise to him for violating his rights and privileges as a Member of Parliament. 

 

Hon Members, the Standing Orders are instructive on parliamentary decorum and etiquette to be observed by Members in the House. Further, parliamentary practice and procedures expressly forbid Members from producing exhibits during debate or making demonstrations in the House. According to the relevant video footage, Mr L Simumba, MP, clearly attempted to use a small sachet of mealie meal as an exhibit during his debate.  Further, from the response received from Mr L Simumba, MP, it is clear that, by his own admission, he displayed a small sachet of mealie meal as he attempted to use it as an exhibit in his debate.  In addition, it was unfortunate that Mr L Simumba, MP, would compare what was allegedly done at a political rally with what he did in this August House.  Notwithstanding the justification advanced by Mr L Simumba, MP, his conduct was clearly contrary to parliamentary etiquette and decorum set out in the Standing Orders and Members’ Handbook. This conduct fell below the conduct and decorum expected of a Member in the House.

 

In view of the foregoing, I find that Mr L Simumba, MP, by his conduct, breached parliamentary privilege, etiquette and decorum.  However, in deciding on the appropriate punishment to mete out to him, I took cognisance of the fact that Mr L Simumba, MP, at the time, was a first offender and was a relatively new Member in the House.  Therefore, I have decided to exercise leniency and elected to admonish him in accordance with section 28 (1) (b) of the National Assembly (Powers and Privileges) Act.

 

I now turn to address you, Mr L Simumba, MP. 

 

Mr L Simumba, MP, your conduct of displaying a small sachet of mealie meal as an exhibit during your debate, is a breach of parliamentary privilege, decorum and etiquette of the House.  The House is, in this regard, extremely displeased with your conduct.  It is expected that, in future, you will abide by the rules of this House, and avoid such conduct.  A repetition of such conduct will, in future attract a stiffer penalty.

 

I now order you, to render your apology to the House before you resume your seat.

 

I THANK YOU