IN ABSENTIA

 

 

 

Hon Members I have a ruling to render against Mr J E Banda, Member of Parliament for Petauke Central Constituency.

 

In line with our practice and procedure, a Member against whom a complaint is raised is required to be present in the House when the ruling is delivered.  In that regard, Mr J E Banda, MP, was contacted by the Office of the Clerk to inform him to be present in the House, today, Tuesday, 19th March, 2024.  However, Mr J E Banda, MP, elected to absent himself from the House. I will, nonetheless proceed to render the ruling. 

Hon Members, I wish to inform the House that on Thursday, 30th November, 2023, my office received a letter of complaint from Mr C Andeleki, Member of Parliament for Katombola Constituency, against Mr J E Banda, MP.  In his complaint Mr C Andeleki, MP, alleged that Mr J E Banda, MP, made defamatory utterances, in vernacular, in a video footage circulated on social media and other media platforms.  Mr C Andeleki, MP, stated that Mr J E Banda, MP, in the video footage made the following statement:

“we were chased from Parliament to enable them misappropriate funds, additionally they altered the Standing Orders, what will our children find?”

Additionally, Mr C Andeleki, MP, alleged that Mr J E Banda, MP’s statement brought the reputation and dignity of the National Assembly into disrepute. He, therefore, enquired whether Mr J E Banda, MP’s conduct did not violate Standing Orders 202 (1), (2) and (3), 203 (1) and (2) and 207 (1), (2)(a) and (3) of the National Assembly of Zambia Standing Orders, 2021. 

Hon Members, in line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on 3rd January, 2024, the Office of the Clerk officially wrote to Mr J E Banda, MP, requesting him to state his side of the story on the matter. 

In response, Mr J E Banda, MP, stated that he had not been availed the footage or link to the said footage for him to appreciate the nature of the complaint and respond effectively.  Therefore, the Office of the Clerk availed Mr J E Banda, MP, the video footage via his email and cell phone number using a digital platform called WeTransfer.  However, despite sending the video footage to Mr J E Banda, MP, he neglected or refused to respond to the letters sent to him. 

Hon Members, the complaint by Mr C Andeleki, MP, raises the issue of a Member making a speech reflecting negatively on the House or its Members. 

 

Section 19 (e) of the National Assembly Powers and Privileges Act, Chapter 12 of the Laws of Zambia criminalises acts of intentional disrespect to or concerning the proceedings of the Assembly. It states as follows:

 

"19. Any person shall be guilty of an offence who-

(a)…

…(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."

Additionally, the National Assembly of Zambia, Standing Orders, 2021, regulates the proceedings of the House. In this regard, Standing order 207 (1), (2) (a) and (b) provides as follows:

“207. (1) Contempt of the House refers to an act, omission or conduct, which obstructs or impedes either the House or members or officer in the discharge of their duties.

 (2) In addition to instances under section nineteen of the National Assembly (Powers and Privileges) Act, the following may constitute contempt of the House:

(a) a speech or writing reflecting negatively on the House or members….

(3) Any person who commits contempt of the House shall be dealt with in accordance with the provisions of the National Assembly (Powers and Privileges) Act.”

Further, eminent writers on parliamentary practice and procedure, S L Shakdher and M N Kaul in their book entitled Practice and Procedure of Parliament, Seventh Edition (New Delhi, Lok Sabha, 2016) state as follows at page 304:

“It is a breach of privilege and contempt of the House to make speeches, or to print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any member of the House or relating to his character or conduct as a Member of Parliament….

Speeches and writings reflecting on the House or its Committees or members are punished by the House as contempt on the principle that such acts “tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them.” … In order to constitute a breach of privilege, however, a libel upon a member of Parliament must concern his character or conduct in his capacity as a member of the House and must be “based on matters arising in the actual transaction of the business of the House”."

The erstwhile Speaker, Rt Hon Justice Patrick Matibini, SC, had occasion to rule on a similar matter in the case of Hon S Kampyongo, MP, Minister of Home Affairs as he was then v Mr C Mweetwa, Member of Parliament for Choma Central Constituency (Daily Parliamentary Debate of 8th April, 2021).  In that matter, Mr C Mweetwa, MP, appeared on Prime Television on a programme called “Oxygen and Democracy” to discuss the topic “Rule of Law Part 2”.  In his discussion, Mr C Mweetwa, MP, uttered statements which reflected on the Office of the Speaker, and negatively misrepresented the proceedings of the House.  

Consequently, the Committee on Privileges, Absences and Support Services, as it was then, found that the statement by Mr C Mweetwa, MP reflected on the character and impartiality of the Speaker, and amounted to intentional disrespect to or with reference to the Proceedings of the Assembly.  Therefore, Mr C Mweetwa, MP, had acted contrary to the provisions of section 19 (e) of the National Assembly (Powers and Privileges) Act and was, in that regard, in breach of parliamentary privilege and in contempt of the House.

Hon Members, on the recommendation of the Committee, Mr C Mweetwa, MP, was suspended for thirty (30) days, in line with section 28 (2) of the National Assembly (Powers and Privileges) Act.

From the foregoing authorities, it is clear that it is a breach of parliamentary privilege and contempt of the House for a Member to make a speech reflecting negatively on the House or its Members. 

Hon Members, the matter was referred to the Committee on Privileges and Absences for determination.  The Committee on Privileges and Absences met and deliberated on the matter on Wednesday, 6th March 2024.  Both the complainant and the respondent appeared before the Committee, and stated their side of the story.  Mr C Andeleki, MP, relied on his written complaint and further confirmed that the video footage was indeed the subject of his complaint. In response, Mr J E Banda, MP, confirmed that the video footage was correctly attributed to him. He stated that before recording the video, he had discussed the need to amend the National Assembly of Zambia Standing Orders to downscale Members’ emoluments with Mr C Andeleki, MP.  He explained that they had discussed the issue of the excess funds being allocated to other sectors of the economy as a means of tackling the economic challenges the country was facing.  He concluded his submission by stating that he recorded the video to point out the aforementioned issues.  

 

Hon Members, in considering the matter, the Committee had recourse to the relevant video footage and the oral submissions by both parties. The Committee found that Mr J E Banda, MP’s statement on Facebook, was in breach of parliamentary privileges and contempt of the House.

 

Hon Members, the Committee deliberated on the appropriate punishment to mete out to Mr J E Banda, MP. In its deliberations, the Committee took into consideration the following issues:

 

(a) That Mr J E Banda, MP confirmed that the video footage was correctly attributed to him;

(b) that although the words complained of were not in the exact order they were stated in the complaint, they were, indeed, uttered by Mr J E Banda, MP; 

(c) that there was overwhelming evidence to substantiate the allegations against Mr J E Banda, MP;

(d) that Mr J E Banda, MP’s conduct was unbefitting of a Member and brought the House into disrepute;

(e) that Mr J E Banda, MP, was not remorseful, he had wasted the Committee’s time, and was a repeat offender; and

(f) that the contempt committed by Mr J E Banda, MP, was of a serious nature.

Hon Members, after due consideration of the above factors, the Committee resolved to recommend that Mr J E Banda, MP, be suspended from the National Assembly for thirty (30) days, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House. I fully endorse the Committee’s recommendation.

 

Therefore, in line with the recommendation of the Committee on Privileges and Absences and in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, I now put the Question: The Question is, that the House accordingly suspends Mr J E Banda, MP, for a period of thirty (30) days.

 

As many as are of that opinion say ‘Aye’;

(Pause)

 

Of the contrary say ‘No’;

 

SCENARIO 1

I think the ‘Ayes’ have it. [Pause]. The ‘Ayes’ have it. The question is resolved in the affirmative.

 

 

Hon Members, although Mr J E Banda, MP, is not present in the House, I will proceed to address him in absentia. 

 

I have to inform you, Mr J E Banda, MP, that the House is extremely displeased with your utterances on Facebook page which was viewed by the general public and the world at large.  Your utterances which were unsubstantiated reflected negatively on the House or its members.  This conduct was not only disrespectful, but also brought the House into disrepute.

 

Mr J E Banda, MP, as the former Independent Whip, you are aware or ought to be aware that the House has rules and procedures which ought to be followed. Such conduct falls below the expected conduct of an Hon Member.  You, as an Hon Member of this august House, ought to know that your behaviour and conduct, both inside and outside the House, ought to be exemplary at all times and in all circumstances so as to enhance the dignity of the House. 

 

Further, I wish to inform Mr J E Banda, MP, that in accordance with section 28 (3) of the National Assembly (Powers and Privileges) Act, during the period of your suspension, you shall not:

 

1. enter the precincts of the Assembly, and this extends to the National Assembly Motel;

2. participate in an activity of the Assembly or any committee that you are assigned to, in your capacity as Member of Parliament; and

3. be paid the salary or allowance that you are entitled to as a Member.

 

I hope this will be the last time such undesirable conduct will be exhibited by yourself as a Member of this House.

 

I now order, Mr J E Banda, MP, to proceed on thirty (30) days suspension with effect from, today, Tuesday, 19th March to Wednesday 17th April, 2024, as resolved by the House.

 

SCENARIO 2

I think the ‘Noes’ have it. [pause]. The ‘Noes’ have it. The question is negatived. 

 

I THANK YOU.