Hon Members will recall that on Thursday, 15th February, 2024, when the House was considering a Ministerial Statement by Hon C Nzovu, MP, Minister of Green Economy and Environment on the Rainfall Pattern and Prolonged Dry Spells During the 2023/2024 Rainy Season and Mr M Jamba, Member of Parliament for Mwembeshi Constituency was on the Floor, Mr F C Chaatila, Member of Parliament for Moomba Constituency, raised a Point of Order.  The Point of Order was against Mr M Kafwaya, Member of Parliament for Lunte Constituency.

 

In his Point of Order, Mr F C Chaatila, MP, cited Standing Order 203 of the National Assembly of Zambia Standing Orders, 2021, which governs the conduct of Members.  He stated that Mr M Kafwaya, MP, was in the habit of coming to the House to either raise a Matter of Urgent Public Importance or a Point of Order and within ten (10) minutes of doing so, leave the House for the rest of the day.  In that regard, he inquired whether Mr M Kafwaya, MP, was in order to attend sittings of the House for only five to ten minutes each day and then leave the House for the rest of the day, and yet obtain the sitting allowance for that particular day. 

 

Hon Members, the relevant part of Standing Order 203 provides as follows:

 

“Conduct of Members

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)…

(3) In accordance with sections four, five and six of the Parliamentary and Ministerial Code of Conduct Act, a member shall-

(a) not acquire dishonestly or improperly any pecuniary advantage.”

 

In my immediate response, I reserved my ruling to enable me render a measured ruling.

 

Hon Members, the Point of Order raises the issue of the propriety of a Member of Parliament leaving the House during a sitting and not returning for the rest of the day and later collecting the sitting allowance for that sitting. 

 

Hon Members, the erstwhile Speaker, Rt Hon Dr Patrick Matibini, SC, MP, had occasion to rule on a similar matter.  On Thursday, 19th November, 2015, the erstwhile Minister of Local Government and Housing, Hon Stephen Kampyongo, MP, raised a Point of Order against UPND Members for merely registering their presence in the House and, thereafter, walking out of the House, (National Assembly Parliamentary Debates of 18th September – 10th December, 2015, pages 1867 – 1871).  In that Ruling, he said, among other things, at page 1870 as follows: 

 “Hon Members, I will now address the ethical conduct or morality of hon Members of Parliament merely registering their presence in the House and walking out immediately thereafter, never to return to the House for the rest of the day for whatever reasons or cause...  Such conduct is not only dishonourable and dishonest, but is also unbefitting of the status and dignity of an Hon Member.  Worse still, this action is also tantamount to obtaining pecuniary advantage by false pretences contrary to section 309A of the Penal Code Act, Chapter 87 of the Laws of Zambia.  In essence, it amounts to a criminal offence for which a Member may, on conviction, be liable to imprisonment for five years.”

 

Hon Members, in studying this matter, I had recourse to the verbatim record of the proceedings of the material day and the Members’ Attendance Registers for the period Tuesday, 13th February, 2024 to Thursday, 15th February, 2024.  I also had recourse to the relevant video footage, in order to ascertain what had transpired on the material day.  According to the registers, on Tuesday, 13th February, 2024 and Wednesday, 14th February, 2024, Mr M Kafwaya, MP, was marked present only for the first half of the sitting, that is, 14:30 hours to 16:40 hours.  On Thursday, 15th February, 2024, the day the Point of Order was raised, Mr M Kafwaya, MP, was marked present for the whole day.  A review of the video footage revealed that Mr M Kafwaya, MP, left the House at about 14:45 hours shortly after I had rendered a ruling on the Point of Order he had raised.  It is clear from the footage that he did not walk out in protest but merely left the House for unknown reasons.  He later returned and was logged into the Bosch Chamber System for the second half of the sitting and this position is supported by the Attendance Register for that day.  Therefore, as regards the Member’s attendance on the material day, he was not out of order. 

 

Hon Members, let me take this opportunity to give some general guidance.  I have noticed a growing trend, among Hon Members of Parliament on my left and my right, as well as Honourable Ministers, absconding from sittings of the House.  They are either present for the first half of the sitting or the second half.  These Members are known and can be named, if need be.

 

Hon Members, as has been previously stated, such conduct is not only dishonourable and dishonest, but is also tantamount to obtaining pecuniary advantage by false pretences.  Further, it deprives the constituents of representation in the House and should, therefore, be frowned upon.  Members should desist from such behaviour.

 

In conclusion, I wish to state that forthwith, Members will only be paid commensurate with the extent of attendance of sittings of the House.   

 

I thank you.