I order Mr Munir Zulu, Member of Parliament for Lumezi Constituency, to go and stand behind the Bar of the House.  I also instruct the Sergeant-At-Arms to take the Speaker’s mace and go and stand behind the Member.

Hon Members, I wish to inform the House that on Wednesday, 11th October 2023, my Office received a letter of complaint from Mr Munir Zulu, Member of Parliament for Lumezi Constituency, against Hon M E Mposha, MP, Minister of Water Development and Sanitation, for allegedly strangling him.  In his complaint Mr Munir Zulu, MP, alleged that Hon M E Mposha, MP, strangled him in the National Assembly car park for raising a question to him on the Floor of the House on Wednesday, 11th October, 2023.  He stated that the incident occurred in the presence of Hon D M Syakalima, MP, Minister of Education, Mr T E Mutinta, Member of Parliament for Itezhi Tezhi Constituency, Mr N Chilangwa, Member of Parliament for Kawambwa Constituency and unnamed support staff. 

Mr Munir Zulu, MP, added that had the incident not occurred in the National Assembly car park, he would have been forced to defend himself using his licensed firearm, and a life would have been lost. 

 

Subsequently, on Thursday, 12th October, 2023, my Office received a letter of complaint from Hon M E Mposha, MP, against Mr Munir Zulu, MP, for his alleged unethical behaviour on Parliament precincts on Wednesday, 11th October, 2023.

Hon M E Mposha, MP, alleged that on Wednesday, 11th October, 2023, Mr Munir Zulu, MP, raised a Point of Order where he targeted his personal business and claimed that people were queuing for water at his property.  In addition, Hon M E Mposha, MP, alleged that when he went to the National Assembly bar, an altercation ensued where Mr Munir Zulu, MP, insulted him, took off his necktie and challenged him to a fight.  He stated that the incident was witnessed by two (2) members of staff and some Members of Parliament, namely, Mr T E Mutinta, MP, Mr N Chilangwa, MP, Mr S C Chanda, Member of Parliament for Kanchibiya Constituency and Mr P Twasa, Member of Parliament for Kasenengwa Constituency.

Further, Hon M E Mposha, MP, accused Mr Munir Zulu, MP, of returning to the Chamber in a drunken state, making threats of shooting someone, and pointing fingers at him.  Furthermore, Hon M E Mposha, MP, asserted that Mr Munir Zulu, MP, falsely accused him of strangling him and repeated threats of shooting someone in a complaint lodged with the Office of the Hon Madam Speaker on Wednesday, 11th October, 2023.

In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on Wednesday, 8th November, 2023, the Office of the Clerk wrote to Hon M E Mposha, MP and Mr Munir Zulu, MP, to state their side of the story, regarding the respective complaints.  Mr Munir Zulu, MP, was also asked to provide particulars of the support staff who allegedly witnessed the incident in the National Assembly car park. 

Additionally, on Thursday, 9th November, 2023, letters were written to all the Members of Parliament who allegedly witnessed the incidents referred to in both complaints, namely, Hon D M Syakalima, MP, Mr T E Mutinta, MP, and Mr N Chilangwa, MP, Mr P Twasa, MP, and Mr S C Chanda, MP, to state what they witnessed. 

Further, on the same day, the Office of the Clerk wrote letters to Ms Jean Sipatunyana, Mr Essau Mwenda, and Mr Herbert Himooya, members of staff who were on duty at the National Assembly bar, to state what they witnessed on the material day.

 

 

 

The witnesses’ responses are summarised below.

 

(i) HON M E MPOSHA, MP

Hon M E Mposha, MP, denied strangling Mr Munir Zulu, MP, or being present in the National Assembly car park at the material time.  He also denied engaging in any physical altercation with Mr Munir Zulu, MP, either within or outside the precincts of the National Assembly.  He reiterated that Mr Munir Zulu, MP, was the aggressor both in the House and at the bar and concluded his letter by listing the names of witnesses who could corroborate his story. 

(ii) MR HEBERT HIMOOYA-NATIONAL ASSEMBLY BARMAN

Mr H Himooya stated that on Wednesday, 11th October, 2023, at about 16:40 hours, he attended to Hon M E Mposha, MP, who was clearing his bill at the National Assembly Bar. He added that he did not witness any confrontation between the two Members in question.

(iii) MS JEAN SIPATUNYANA- NATIONAL ASSEMBLY BARLADY

Ms J Sipatunyana stated that she did not witness the incident between Hon M E Mposha, MP, and Mr Munir Zulu, MP.  She added that on the material day, she was working from the kitchen.  However, when she went to the bar counter, she saw Mr Munir Zulu, MP, exiting the bar area but did not see Hon M E Mposha, MP, at all on the material day. 

(iv) MR ESSAU MWENDA-NATIONAL ASSEMBLY BARMAN

Mr E Mwenda, stated that on the material day, Hon M E Mposha, MP, went to the bar to clear his outstanding bill.  In that regard, he added that he called Mr H Himooya to attend to Hon M E Mposha, MP, while he left the bar and proceeded to the kitchen to collect the snacks for the orders already made for the guests.

(v) MR T E MUTINTA, MP

Mr T E Mutinta, MP, avered that he witnessed a conversation between Hon M E Mposha, MP, and Mr Munir Zulu, MP at the National Assembly bar and not in the car park as alleged by Mr Munir Zulu, MP.  He stated that during the conversation he witnessed Mr Munir Zulu, MP, charge at Hon M E Mposha, MP, and uttered strong words to him.  He concluded his letter by denying ever witnessing Mr Munir Zulu, MP, being strangled by Hon M E Mposha, MP.

(vi) MR N CHILANGWA, MP

Mr N Chilangwa, MP, stated that he was at the National Assembly bar area on the material day and that he witnessed the two (2) Members joking with each other.  He, however, did not witness the alleged incident in the National Assembly car park.

The other witnesses, namely, Hon D Syakalima, MP, Mr P Twasa, MP, and Mr S C Chanda, MP, did not respond to their letters despite several reminders.  Similarly, Mr Munir Zulu, MP, did not respond to the letter written to him, neither did he avail the particulars of the members of staff who allegedly witnessed his strangulation. 

 

Hon Members, the two (2) complaints raise the issue of misconduct by a Member that constitutes a breach of privilege and contempt of the House.  

Hon Members, the National Assembly Powers and Privileges Act, Chapter 12 of the Laws of Zambia provides for contempt.  In that regard, section 19 (c) provides as follows:

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

(a)…

(c) causes an obstruction or disturbance within the precincts of the Assembly.”

Additionally, Standing Order 207 of the National Assembly of Zambia Standing Orders, 2021, 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:

   d) molestation of members on account of their debate or conduct in the House or a committee.”

Further, Standing Order 203 provides for the conduct of Members within the precincts of the Assembly 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.”

Lastly, Standing Order 205 (e) provides that a Member commits an act of gross disorderly conduct if such Member uses violence against another Member or other person in the House, committee or within the precincts of the Assembly.

Hon Members, it is clear from the authorities cited above that unethical behaviour, violence, and molestation of other members by a Member is a breach of parliamentary privilege and contempt of the House. 

Consequently, both matters were referred to the Committee on Privileges and Absences for determination.  The Committee on Privileges and Absences met to consider and determine the matters on Thursday, 14th March, 2024.  Hon M E Mposha, MP, Mr S C Chanda, MP, Ms Jean Sipatunyana, Mr Essau Mwenda, and Mr Herbert Himooya appeared before the Committee.  Mr Munir Zulu, MP, and other Members named as witnesses did not attend the hearing despite being served with the notice of hearing through their official Parliament email addresses.

Hon Members, the Committee considered whether procedurally, it could proceed to determine the matter summarily based on the written submissions of Mr Munir Zulu, MP, and other witnesses who were absent.  After extensive deliberations, the Committee noted that by not responding to the Clerk’s letter and attending the hearing, Mr Munir Zulu, MP, neglected to prosecute his complaint and to defend himself against the complaint by Hon M E Mposha, MP. For this reason, the Committee resolved to proceed to determine the matter based on the evidence on record and oral submissions of witnesses who appeared before it.

HON M E MPOSHA, MP

Hon M E Mposha, MP, relied on his written complaint and his letter of response to the complaint filed by Mr Munir Zulu, MP.  He added that the basis of his complaint was, firstly, the misconduct exhibited by Mr Munir Zulu, MP, at the National Assembly bar counter, that is, taking off his necktie and charging at him.  Secondly, he averred that he was abused and slandered by the letter of complaint lodged by Mr Munir Zulu, MP. He further explained that this was because the said letter falsely accused him of violence and it was widely circulated on both social and print media platforms.  When asked to clarify what he meant by the word ‘abused’, he indicated that Mr Munir Zulu, MP, called him a poor and stupid Minister in full view of other Members and members of staff, which was demeaning. 

 

MR S C CHANDA, MP

Mr S C Chanda, MP, informed the Committee that he did not file his written submission as he was at his Constituency at the time. He, therefore, opted to make oral submissions.  In his oral submissions, he averred that on the material day, he was at the National Assembly bar where he witnessed Hon M E Mposha, MP, tap Mr Munir Zulu, MP, on his shoulders in a friendly manner. He explained that Mr Munir Zulu, MP, overreacted, which led to a bitter exchange of words between the parties.  Mr Munir Zulu, MP, stood up and loosened his necktie, but Hon M E Mposha, MP, remained calm and eventually left the bar.  Mr S Chanda, MP, stated that the only incident he witnessed between the two (2) Members was at the bar and not the car park.  He indicated that although he did not recall the exact words used by Mr Munir Zulu, MP, on Hon M E Mposha, MP, they were indeed provocative in nature.   

Ms Jean Sipatunyana, Mr Essau Mwenda, and Mr Herbert Himooya opted to rely on their written submissions as evidence before the Committee. 

Hon Members, in considering the matter, the Committee took into account both the oral and written submissions of the parties and the witnesses.  From the evidence adduced, the Committee observed that the two (2) Members only had an encounter at the National Assembly bar and not the car park as alleged by Mr Munir Zulu, MP. Therefore, it found that the complaint by Mr Munir Zulu, MP, against Hon M E Mposha, MP, had not been substantiated.  

On the other hand, the Committee found that the complaint by Hon M E Mposha, MP, against Mr Munir Zulu, MP, had been substantiated, and therefore, Mr Munir Zulu, MP’s actions amounted to misconduct and a contempt of the House. In deliberating on the appropriate punishment to mete out to Mr Munir Zulu, MP, the Committee took into consideration the following:

 

(i) That Mr Munir Zulu, MP, knowingly misled the Office of the Hon Madam Speaker by lodging a false complaint; and

(ii) that the act of misleading the Hon Madam Speaker and his conduct on 11th October 2023, on the Floor of the House and at the National Assembly bar, was unethical and unbefitting a Member.

Hon Members, after due consideration of the above factors, the Committee resolved to recommend as follows:

(i) That the complaint by Mr Munir Zulu, MP, against Hon M E Mposha, MP, be dismissed; and

(ii) that Mr Munir Zulu, MP, be reprimanded in accordance with section 28 (1) (c) and 28A (2) of the National Assembly (Powers and Privileges) Act for his conduct against Hon M E Mposha, MP. 

Hon Members, I endorse the Committee’s recommendations and accordingly, dismiss the complaint lodged by Mr Munir Zulu, MP. Further, pursuant to section 28 (1) (c) and 28A (2) of the National Assembly (Powers and Privileges) Act, I will now proceed to reprimand Mr Munir Zulu, MP. 

Mr Munir Zulu, MP, your conduct of threatening violence towards Hon M E Mposha, MP, was unethical, and unbefitting of a Member. Further, instead of being apologetic about your misconduct, you opted to mislead my Office by lodging a false complaint against Hon M E Mposha, MP, which was slanderous not only to him but to the House as a whole. The House is, therefore, extremely displeased with your conduct.  

I wish to reiterate that I will not tolerate gross indiscipline and misconduct from you or indeed, any Member of this House.  The honour, decorum and dignity of the House must be protected and preserved at all times.  I do trust that you will reflect seriously on your conduct and, in future, desist from conduct unbefitting a Member of this august House. 

I now order you, Mr Munir Zulu, MP, to read your apology and, thereafter, resume your seat.

I thank you.