IN ABSENTIA

 

 

Hon Members I have a ruling to render against Mr B M Mundubile, Member of Parliament for Mporokoso 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 B M Mundubile, MP was contacted by the Office of the Clerk to inform him to be present in the House, today Tuesday, 26th March, 2024.  However, Mr B M Mundubile, MP, elected to be absent from the House stating that he is out of town.  I will nonetheless proceed to render the ruling in absentia.  

Hon Members will recall that on Friday, 6th October, 2023, when the House was considering the Motion of Supply on the 2024 National Budget, Mr L M Mufalali, Nominated Member of Parliament, raised a Point of Order against Mr B M Mundubile, Member of Parliament for Mporokoso Constituency.  The Point of Order was premised on Standing Order 207 (1) and (2) (b) of the National Assembly of Zambia Standing Orders, 2021 which provides for contempt of the House. 

In his Point of Order, Mr L M Mufalali, MP, enquired whether Mr B M Mundubile, MP, was in order to exhibit disorderly conduct on the Floor of the House.  In his immediate response, the Hon Mr Second Deputy Speaker reserved his ruling.

Further, I wish to inform the House that on Wednesday, 11th October, 2023, my Office received a complaint by Mr F C Chaatila, Member of Parliament for Moomba Constituency against Mr B M Mundubile, MP.  In his letter, Mr F C Chaatila, MP, stated that on Friday, 6th October, 2023, Mr B M Mundubile, MP, held a press briefing at the Media Centre, within the precincts of the National Assembly.  At that press briefing, Mr B M Mundubile, MP, allegedly made utterances that were demeaning and reflected negatively on the character and impartiality of the Hon Mr Second Deputy Speaker in the discharge of his duties.  He explained that the utterances contravened Section 19 (d) of the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia and Standing Orders 203 (2) and 207 (1) and (2) (b) of the National Assembly of Zambia Standing Orders, 2021.

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on 2nd November, 2023, the Office of the Clerk wrote to Mr B M Mundubile, MP, requesting him to state his side of the story on the matters.

In response, by a letter dated Tuesday, 20th February, 2024, Mr B M Mundubile, MP, stated that he was not availed the verbatim record of the Point of Order or the relevant video footage.  He also contended that the letter from the National Assembly lacked specific information regarding the nature of the disorderly conduct he exhibited on the Floor of the House, and the precise utterances he made during the press briefing.  In this regard, he requested further and better particulars, as well as a copy of the video footage and the verbatim record of the Point of Order.

Consequently, on Tuesday, 27th February, 2024, the Office of the Clerk wrote to Mr B M Mundubile, MP, availing him the verbatim record of the Point of Order.  He was informed that the video footage would be sent to his official Parliament mail address using a digital platform called WeTransfer. 

In response, Mr B M Mundubile, MP, stated that the Point of Order was speculative, politically motivated, and failed to meet the admissibility criteria.  He added that the presiding officer disrespectfully declined to admit his Point of Order under Standing Order 44, when he admitted a similar Point of Order raised by Mr M Chinkuli, Member of Parliament for Kanyama Constituency. He explained that he did not intend to disrupt proceedings or show disrespect to the presiding officer by raising his Point of Order but meant to assist the presiding officer in the maintenance of discipline in the House, in line with his duty as the Leader of the Opposition. 

Mr B M Mundubile, MP, therefore, categorically denied any wrongdoing and asserted his right to freedom of expression and parliamentary privilege.

 

Hon Members, the Point of Order by Mr L M Mufalali, MP, and complaint by Mr F C Chaatila, MP, raise the following issues:

 

(i) a Member exhibiting gross disorderly conduct on the Floor of the House; and 

(ii) a Member making statements that are demeaning and reflect negatively on the character and impartiality of the presiding officer. 

 

Hon Members, section 19 of the National Assembly Powers and Privileges Act, Chapter 12 of the Laws of Zambia provides for contempt. Section 19 (d) and (e) provides as follows:

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

(a) …

(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.”

 

Additionally, Standing Order 203 of the National Assembly of Zambia Standing Orders, 2021, 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 sets out the rules on parliamentary decorum and etiquette 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) A member shall observe the following rules of parliamentary etiquette:

(a) …

(g) a member shall listen in silence to the debates in the House; and

(h) a member shall not obstruct, interrupt proceedings or make disruptive running commentaries when another member is speaking.”

Furthermore, Standing Order 205 outlines the circumstances that amount to gross disorderly conduct. In particular, paragraphs (a) and (i) provide as follows:

 “205. 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;”

Lastly, Standing Order 207, which provides for contempt of the House, 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) …

(b) a reflection on the character or impartiality of the Speaker in the discharge of the Speaker's duties.”

 

Hon Members, my predecessor, the erstwhile Speaker Rt Hon Dr Patrick Matibini, SC, had occasion to rule on a similar matter in the case of Hon B M Mundubile, MP, Government Chief Whip as he was then v Mr G G Nkombo, Member of Parliament for Mazabuka Central (National Assembly of Zambia Daily Parliamentary Debates of Tuesday, 12th November, 2019).

In that case, Hon B M Mundubile, MP, submitted a complaint against Mr G G Nkombo, MP.  In the complaint, he alleged that Mr G G Nkombo, MP, had conducted himself in a disorderly manner and showed disrespect towards the then First Deputy Speaker, Hon Madam Catherine Namugala.  This followed Mr G G Nkombo, MP’s failure to withdraw from the Chamber through the nearest door available, when she ordered him to leave the Chamber. In keeping with the Assembly’s precedents on similar matters, Mr G G Nkombo, MP, was suspended from the service of the National Assembly for a period of ten (10) days.

 

Further, in a ruling dated 21st July, 2023, Rev G M Katuta, Member of Parliament for Chienge Constituency was suspended for seven (7) days for walking out of the House while pointing and shouting at a fellow Member and pointing at the Presiding Officer. 

 

Hon Members, it is evident from the authorities cited above that it is a breach of parliamentary privilege and contempt of the House for a Member to exhibit gross disorderly conduct on the Floor of the House, and make statements that are demeaning and reflect negatively on the character and impartiality of a Presiding Officer. 

Hon Members, both matters were referred to the Committee on Privileges and Absences for consideration.  The Committee met on Tuesday, 19th March, 2024, to consider the matters.  Mr B M Mundubile, MP, Mr F C Chaatila, MP, appeared before the Committee to augment their written submissions while Mr L M Mufalali, MP, was not present.  The Committee resolved to proceed to determine the Point of Order based on the evidence before it.  The Point of Order and complaint were dealt with as set out below. 

 

POINT OF ORDER BY MR L M MUFALALI, MP

The Committee viewed the relevant video footage in the presence of the Respondent, Mr B M Mundubile, MP.  Mr B M Mundubile, MP, was then requested to comment on the evidence relating to the Point of Order. 

Mr B M Mundubile, MP, admitted that the video footage was correctly attributed to him and reiterated that the presiding officer had been unjust to him as the then Leader of the Opposition.  He defended his actions as necessary due to the lack of alternative avenues to express his grievances.  He stated that he was ready to face the consequences of his actions and had expressed no confidence in the process.

The Chairperson reminded Mr B M Mundubile, MP, that the Committee's role was to impartially evaluate cases and assist the Hon Madam Speaker in delivering justice.  Mr B M Mundubile, MP, then apologised for his remarks but raised concern that no complaint filed by him or other opposition Members of Parliament was tabled before the Committee.  Further, he stated that precedent was not being followed by presiding officers as similar cases were treated differently.

 

 

COMPLAINT BY MR F C CHAATILA, MP

Both the complainant and the respondent submitted before the Committee as set out below.

 

1. Mr F C Chaatila, MP

Mr F C Chaatila, MP, stated that his complaint related to the utterances by Mr B M Mundubile, MP, at the PF press briefing held at the National Assembly Media Centre.  He highlighted the demeaning nature of Mr B M Mundubile, MP’s, statements and their potential impact on public confidence in the National Assembly.  He added that Mr B M Mundubile, MP’s conduct could not be justified because there were laid down rules and procedures when a Member was aggrieved by a decision of a presiding officer. 

 

2. Mr B M Mundubile, MP

Mr B M Mundubile, MP, declined to watch the video footage in respect of the complaint by Mr F C Chaatila, MP, as he did not wish to waste the Committee's time.  He, however, admitted that the video footage was correctly attributed to him.  He stated that the press briefing was the only avenue available to him at the time to air his views.  He added that he would not desist from pointing out the incompetence of the presiding officers on behalf of his Members if similar conduct repeated itself on the Floor of the House. 

 

After considering all the evidence before it, the Committee established the following:

 

(i) Mr B M Mundubile, MP, admitted to the allegations in both the Point of Order and the Complaint; and

(ii) the evidence overwhelmingly supported a finding of breach of Parliamentary privilege and contempt of the House against Mr B M Mundubile, MP.

In determining the appropriate punishment to be meted out to Mr B M Mundubile, MP, the Committee considered the following:

 

(i) although Mr B M Mundubile, MP, had the right to freedom of expression, such freedom was not absolute because it needed to be exercised in a manner that upheld the dignity and decorum of the House.  Therefore, if he was aggrieved by the presiding officer's directive, he should have adhered to the laid down procedures for dealing with such issues;

(ii) the misconduct by Mr B M Mundubile, MP, was not only exhibited on the Floor of the House but repeated later, on the same day, at the National Assembly Media Centre;

(iii) Mr B M Mundubile, MP, categorically stated that he would repeat his conduct if a similar situation arose.  He was, therefore, not remorseful; and

(iv) the offence committed by Mr B M Mundubile, MP, was grave and had attracted the severe sanction of suspension in the past.

 

Hon Members, after deliberating on the above issues, the Committee resolved to recommend that Mr B M Mundubile, MP, be suspended from the National Assembly for thirty (30) days. I fully endorse the Committee’s recommendation. 

Therefore, 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 B M Mundubile, 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 B M Mundubile, MP, is not present in the House, I will proceed to address him in absentia.

Hon B M Mundubile, MP, as the former Government Chief Whip and Leader of the Opposition and a senior and long-serving Member of this August House, you are aware of the procedure for challenging the decision of a Presiding Officer.  Therefore, your conduct of defying the directives of the Hon Mr Second Deputy Speaker and making utterances that cast aspersions on him was not only disrespectful but also an affront to the authority and dignity of the House.  Your right to freedom of speech does not extend to lawlessness, misguided militancy and effrontery.  This is a House of honour, decorum and dignity, as such, your conduct ought to be exemplary and above reproach. 

 

I wish to state that I will not tolerate indiscipline and misconduct from you or, indeed, any other Member.  I request you to reflect on your conduct and I truly trust that you will change and conduct yourself in a manner befitting an Honourable Member of Parliament.  

Further, I wish to inform you 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.

 

It is my earnest hope that this will be the last time you exhibit such undesirable conduct.

I now order, Mr B M Mundubile, MP, to proceed on thirty (30) days suspension with effect from, today, Tuesday, 26th March to 24th 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.