RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON WEDNESDAY 21ST FEBRUARY, 2024, BY HON G G NKOMBO, MP, MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT ON WHETHER THE HOUSE WAS IN ORDER TO DEBATE THE MOTION TO INCREASE THE QUANTITY OF FARMING INPUTS FOR FARMERS UNDER THE FARMER INPUT SUPPORT PROGRAMME MOVED BY MR J E BANDA, MEMBER OF PARLIAMENT FOR PETAUKE CENTRAL CONSTITUENCY WHEN THE MATTER HAD ALREADY BEEN CONSIDERED AND AGREED UPON BY THE HOUSE IN THE CURRENT SESSION

Hon Members, the House will recall that on Wednesday, 21st February, 2024, when the House was considering a Private Member’s Motion to increase the quantity of farming inputs for farmers under the Farmer Input Support Programme (FISP) moved by Mr J E Banda, Member of Parliament for Petauke Central Constituency and Mr S Kampyongo, Member of Parliament for Shiwang’andu Constituency was on the Floor, Hon G G Nkombo, MP, Minister of Local Government and Rural Development, raised a Point of Order.  The Point of Order was based on Standing Order 84 (1) of the National Assembly of Zambia Standing Orders, 2021 which prescribes the rules on the admissibility of motions. 

Hon Members, in his Point of Order, Hon G G Nkombo, MP, explained that the motion that was on the Floor was the same as the one that had been moved by the Chairperson of the Committee on Agriculture, Lands and Natural Resources the previous week.  He, therefore, enquired whether the House was in order to continue debating a matter which had already been resolved in the affirmative by the House.  He also stated that the consideration of the Motion was an indictment on the Journals and Table Office and the House.

In his immediate response to the Point of Order, the Hon Mr Second Deputy Speaker reserved his ruling.  I have since studied the matter and will now render my ruling.

Hon Members, Standing Order 131 of the National Assembly of Zambia Standing Orders, 2021, is instructive on the procedure for raising a Point of Order and states as follows:

“Procedure on Point of Order
131. (1) A member who is of the opinion that the rules of procedure have been breached by another member may raise a Point of Order.”

Hon Members, my predecessor Rt Hon Justice Dr Patrick Matibini, SC, had occasion to rule on a similar matter in a ruling of a Point of Order raised by Dr M Malama, then Member of Parliament for Kanchibiya Constituency against the House, for allowing the exhibition of “political colours” (National Assembly Daily Parliamentary Debates of Tuesday, 27th February, 2018).  In that case, the Hon Mr Speaker stated as follows: 

“… a Point of Order cannot be raised against the House.  This is because the purpose of a Point of Order is to draw the Speaker’s attention to a breach of the rules of the House by a Member.”

Hon Members, based on the above authorities, a Point of Order cannot be raised against the House.

Additionally, Standing Order 132 (2) prohibits a Member from raising a Point of Order against an officer, and by extension, against a department under the Office of the Clerk.  This, therefore, implies that a Member cannot raise concerns regarding the manner in which any officer or department under the Office of the Clerk performs administrative duties, by way of a Point of Order.

From the foregoing authorities, it is clear that a Point of Order cannot be raised against the House but against a Member.  On that basis, the Point of Order raised by Hon G G Nkombo, MP, is inadmissible.

I thank you.
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