Hon Members, the House will recall that on Friday, 8th December, 2023, when the House was considering the Statement delivered by Her Hon the Vice-President, Mrs W C Mutale Nalumango, MP, on the recent mining accident in Chingola, and Mr J Chibuye, Member of Parliament for Roan Constituency, was on the Floor, Mr R Mutale, Member of Parliament for Chitambo Constituency, raised a Point of Order.  The Point of Order was based on Standing Order 65 (1) (b) 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.

 

In his Point of Order, Mr R Mutale, MP, stated that when responding to a question posed by Mr M Kafwaya, Member of Parliament for Lunte Constituency, Her Hon the Vice-President mentioned that there were criminals seated where Mr M Kafwaya, MP, was seated. He, therefore, inquired whether Her Hon the Vice-President was in order to accuse the Members of the Patriotic Front (PF) party of being criminals without verifying the matter.

 

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

Hon Members, I have had on numerous occasions guided the House in various rulings that in order for a Point of Order to be admissible, it must be raised contemporaneously; that is to say, it must be raised soon after the alleged breach of procedure occurs.  In this regard, Standing Order 132 (1) (a) of the National Assembly of Zambia Standing Orders, 2021, is instructive on admissibility of Point of Order and states as follows: 

“132. (1) A Point of Order is admissible if-

(a) it is raised immediately after the alleged breach occurs.” 

 

Hon Members, a review of the verbatim record of the proceedings on the material day, reveals that the alleged breach occurred during Her Hon the Vice-President’s Question time. Thereafter, Her Hon the Vice-President rendered a Statement on the Senseli Mine accident.  It was after the Statement and Mr J Chibuye, MP, was on the Floor that Mr R Mutale, MP, raised his Point of Order. 

 

Hon Members, although the Point of Order could not be raised during Her Hon the Vice-President’s Question time, as provided under Standing Order 132 (2) (b), Mr R Mutale, MP, ought to have raised the Point of Order immediately after the Vice-President’s Question time. However, he raised the Point of Order long after Her Hon the Vice-President had delivered a Statement on the mining accident in Chingola.  In view of the foregoing, the Point of Order is inadmissible.

 

I thank you.