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Hon Members, I wish to inform the House that on Thursday, 30th November, 2023, the Office of the Hon Madam Speaker received two complaints.  One complaint was by Mr M F Fube, Member of Parliament for Chilubi Constituency against the conduct of Mr K S Michelo, Member of Parliament for Bweengwa Constituency, Mr C Andeleki, Member of Parliament for Katombola Constituency, Mr T E Mutinta, Member of Parliament for Itezhi tezhi Constituency, Mr M Anakoka, Member of Parliament for Luena Constituency, and some other Members of Parliament of the UPND, during the sitting of the House on Thursday, 2nd November, 2023.  The second complaint was by Mr Munir Zulu, Member of Parliament for Lumezi Constituency, against the conduct of Mr K S Michelo, MP, and Mr C Andeleki, MP, on the same date. 

 

Hon Members, since the complaints relate to the same set of facts, I have decided to combine the two complaints and will render one ruling.

  

Hon Members, the background to both complaints is that on Thursday, 2nd November, 2023, when the House was considering a Ministerial Statement by Hon R M Phiri, MP, Minister of Agriculture, Mr J E Banda, Member of Parliament for Petauke Central Constituency, raised a Point of Order based on Standing Order 202 of the National Assembly of Zambia Standing Orders, 2021.  In his Point of Order, Mr J E Banda, MP, stated that he was informed by some Members that the Hon Madam Speaker was going to make his life difficult.  Therefore, he enquired whether the Hon Madam Speaker was in order to inform some Members that she would make his life difficult.  In her immediate response, the Hon Madam Speaker ruled that Mr J E Banda, MP, was out of order and guided him on the requirement to comply with the rules of the House.

 

However, Mr J E Banda, MP, continued debating while seated despite the Hon Madam Speaker’s ruling and guidance.  This led to the Hon Madam Speaker invoking the provisions of Standing order 208 on the naming of a Member, after which the Speaker adjourned the sitting for a few minutes.  Upon resumption of business, the Hon Madam Speaker proceeded to suspend Mr J E Banda, MP, for seven (7) sitting days. However, after being ordered to leave the House through the main door, Mr J E Banda, MP, protested and resisted the order to leave the House. As a result of his conduct the Hon Madam Speaker increased the punishment to fourteen (14) sitting days.  While Mr J E Banda, MP, was being escorted out of the House by the Sergeant-At-Arms, he continuously pointed at the Hon Madam Speaker while making utterances.  This resulted in several Members from the Patriotic Front (PF) Party, UPND and independent Members leaving their seats and walking towards Mr J E Banda, MP, to urge him to leave the House.   

 

Hon Members, in line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on Wednesday, 13th December, 2023, the Office of the Clerk of the National Assembly wrote to Mr K S Michelo, MP, Mr C Andeleki, MP, Mr T Mutinta, MP, and Mr M Anakoka, MP, requesting them to state their side of the story on the complaints. 

 

Their responses are as set out below. 

 

1. Mr C Andeleki, MP 

 

Mr C Andeleki, MP, stated that he was unable to respond to Mr M F Fube, MP’s complaint because the letter did not state the exact words he used that amounted to abusive language.  Further, in relation to the allegation that he physically charged towards Mr J E Banda, MP, he stated that it was clear from the Parliament Television footage that at no point did he go close to Mr J E Banda, MP. He stated that he only requested Mr J E Banda, MP, to stop using abusive language against the presiding officer. Finally, he stated that he vehemently disputed every allegation against him.  

 

2. Mr M Anakoka, MP

 

Mr M Anakoka, MP, denied the allegations against him and stated that the Parliament Television footage confirmed that he was not part of the group of Members of Parliament which assisted Mr J E Banda, MP, out of the House.  He stated that the complaint was not only malicious but mischievous as it was meant to spite him for having raised a point of order that led to the suspension of eighteen (18) PF Members of Parliament. 

 

3. Mr T Mutinta, MP 

 

Mr T E Mutinta, MP, denied having any contact with Mr J E Banda, MP, or assisting any Member of Parliament to chase anyone from the House. 

 

4. Mr K S Michelo, MP  

 

Mr K S Michelo, MP, stated that the allegation that he chased Mr J E Banda, MP, from the House was not true.  Further, he denied uttering any abusive words against Mr J E Banda, MP, or attempting to fight him. 

Hon Members, the complaints herein raise the issue of the conduct of Members in the House and the breach of parliamentary decorum and etiquette. 

In this regard, Standing Order 204 (1) of the National Assembly of Zambia Standing Orders, 2021, provides as follows:

“(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.”

Further, Standing Order 205 (j) of the National Assembly of Zambia Standing Orders, 2021, provides as follows: 

“A member commits an act of gross disorderly conduct if the member – 

(j) commits an act that, in the opinion of the Speaker, constitutes gross disorderly conduct.”

Furthermore, eminent authors on parliamentary practice and procedure, M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016) on page 335, have this to say:

“The extent and amplitude of the words “conduct of a member” have not been defined exhaustively, and it is within the powers of the House in each case to determine whether a member has acted in an unbecoming manner or has acted in a manner unworthy of a member of Parliament.  Thus, even though the facts of a particular case do not come within any of the recognized heads of breach of privilege or contempt of the House, the conduct of a member may be considered by the House as unbecoming and derogatory to the dignity of the House” 

Hon Members, in considering this matter, I had recourse to the relevant verbatim record and video footage of what transpired on the material day.  From the video footage I made the following observations: 

 

1. the Members complained against rose to approach Mr J E Banda, MP, after he was suspended and refused to leave the House;

2. several other Members from the PF, UPND and independent Members left their seats and walked towards Mr J E Banda, MP, to urge him to leave the House; and

3. that due to the atmosphere in the House on the material day, the said Members were provoked to rise against Mr J E Banda, MP’s, conduct. 

 

Hon Members, however, from the video footage, it is difficult to determine whether the Members complained against did indeed use abusive language or attempt to fight Mr J E Banda, MP.  Additionally, a perusal of the verbatim record of the proceedings on the material day did not capture the abusive language alleged to have been said.

 

However, as already indicated, the video footage does show that the Members complained against rose to approach Mr J E Banda, MP and were therefore, in breach of decorum and etiquette of the House.  The Members complained against were, therefore, Out of Order.

 

Hon Members, I will now address the Members complained against and Members from both my left and right who rose to approach Mr J E Banda, MP, on the material day. 

 

Hon Members, the House is extremely displeased with your misconduct on the floor of the House.  Although I take cognisance of the fact that you were provoked to react to the situation occasioned by the conduct of Mr J E Banda, MP, it was not within your mandate to ensure that he left the Chamber peacefully.  The Hon Madam Speaker did not request you to assist her in the execution of her duties and had already instructed the Sergeant-at-Arms to ensure that Mr J E Banda, MP, left the House.  The duty to maintain discipline in the House is the preserve of the presiding officer, assisted by the Government Chief Whip, Leader of the Opposition and Whips in the House.  Therefore, your conduct was a serious error of judgment on your part which led to misconduct on the Floor of the House.

 

I, therefore, want to warn you to desist from such conduct, as a repetition of the same will attract a penalty.  I do trust that, in future, you will endeavor to abide by the rules of this House and avoid the consequences of their breach. 

 

I THANK YOU.