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I order Ms J N Chisenga, Member of Parliament for Mambilima 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 to go and stand behind the Member.

 

Hon Members, I wish to inform the House that on Monday, 18th March, 2024, the Office of the Speaker received a complaint from Mr Emmanuel Banda, Member of Parliament for Muchinga Constituency, against Ms J N Chisenga, MP.  The complaint arose from the conduct of Ms J N Chisenga, MP, during the President’s Address to the House on Friday, 15th March, 2024. 

 

Hon Members, the complaint by Mr Emmanuel Banda, MP, alleges that on Friday, 15th March, 2024, after the President’s Address to the House and while the President was leaving the House, Ms J N Chisenga, MP, was heard shouting disrespectful words at the President, which when translated into English means “Mr President, your lies are too much”.  This prompted the President to turn back and approach her to clarify her accusations that the President was a liar.  Mr Emmanuel Banda, MP submitted that the National Address on the Progress Made in the Application of National Values by the President was a solemn and auspicious occasion which required all members who were in attendance to be at their best behaviour and avoid all manner of misconduct or misbehaviour that would lower the dignity, decorum and integrity of the House.  He referred to Standing Order 203 (2) and 205(d) of the National Assembly of Zambia Standing Orders, 2021 on the requirement for a Member not to bring the house into disrepute, and gross disorderly conduct during an address by the President or a visiting dignitary, respectively.

 

In view of the foregoing, Mr Emmanuel Banda, MP stated that Ms J N Chisenga was in breach of the provisions he highlighted and committed an act of gross disorderly conduct on the floor of the House and, therefore, the House ought to take appropriate action against her.

 

Hon Members, in line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on Thursday, 21st March, 2024, the Office of the Clerk of the National Assembly wrote to Ms J N Chisenga, MP, requesting her to state her side of the story on the complaint.  

 

In her response, Ms J N Chisenga, MP, stated that she noted that the complaint was submitted by Mr Emmanuel Banda, MP, when the presiding officer had directed Hon L Mbao, MP, to lodge a complaint after he raised a Point of Order.  Therefore, she submitted that it was procedurally wrong for another Member to submit a complaint on the matter. 

 

Despite the foregoing, Ms J N Chisenga, MP, denied the allegations against her as contained in the complaint by Mr Emmanuel Banda, MP. She submitted that the alleged misconduct occurred after the President had concluded delivering his speech and was on his way out of the Chamber.  She stated that Standing Order 205 (d) only applied to disorder caused during the address by the President. She, therefore, submitted that her alleged misconduct occurred after the address and in that regard, it could not be considered in light of Standing Order 205 (d).  

 

Finally, Ms J N Chisenga, MP, stated that the complaint against her was motivated by misplaced spite, ill intent, bad faith and lacked any amount of justification.  She submitted that it was part of a larger scheme aimed at gagging opposition Members of Parliament in the House and urged the Office of the Clerk of the National Assembly and the Speaker not to entertain the complaint against her. 

Hon Members, the complaint by Mr Emmanuel Banda, MP, raises the following issues:

(i) a Member acting in a manner that brings the House or other members generally into disrepute;

(ii) gross disorderly conduct; and 

(iii) causing disorder during an address by the President.

 

In this regard, Standing Order 203 (2) of the National Assembly of Zambia Standing Orders, 2021, provides that – 

“203. (2) A member shall not act in a manner that brings the House or other members generally into disrepute.”

Further, Standing Order 205 (d) states as follows:

“205. Gross disorderly conduct 

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

(d) attempts to or causes disorder of whatever nature during an address by the President or a visiting dignitary.”

Additionally, 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 pages 216 to 218:

“The President’s address to both Houses of Parliament assembled together is the most solemn and formal act under the Constitution.  Utmost dignity and decorum befitting that occasion is maintained. Any action on the part of a member, which mars the occasion of the President’s address or creates disturbance is punishable by the House to which he belongs. Where such an offence is committed, the House may constitute a committee to go into the matter and report, or where the offence is definite and specific it may punish the member(s) in question without going through the process of a committee...

A few days before the address, members are informed through Bulletin about the ceremonies and rules to be observed on that occasion.  They are also requested to take their seats five minutes before the President arrives in the Central Hall and remain on their seats till the President leaves the Central Hall after the conclusion of the address.”

In addition, credence can be placed on the following Indian case reported in the same book, at page 216.

“On the occasion of the President’s address to both Houses of Parliament assembled together on 12th February 1968, two members of the Lok Sabha created obstruction.  The incident was followed by a walk-out by about seventy or eighty members belonging to both Houses.  On 28th February, having given an opportunity to the two members to explain their position, the Lok Sabha adopted a motion disapproving the conduct of the Hon Members and reprimanded them “for their undesirable, undignified and unbecoming behaviour.”

Hon Members, the erstwhile Speaker, Rt Hon Justice Dr Patrick Matibini, SC, had occasion to rule on a similar matter in the case of forty-eight (48) Honourable Members of Parliament of the United Party for National Development (UPND) who boycotted the State of the Nation Address on the Application of Constitutional Values and Principles by the President (Parliamentary Debates of the First Session of the Twelfth National Assembly, Tuesday, 13th June, 2017).

 

In rendering his Ruling, the erstwhile Hon Speaker stated that – 

“I observed that the President’s Address was a special event, which required Members to avoid all manner of misconduct or misbehaviour including boycotts and walk-outs because such conduct lowered the dignity, decorum and integrity 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. After the President’s address to the House and while the President was leaving the House, Ms J N Chisenga, MP, shouted “Mr President! Your lies are too much!”; 

2. This prompted the President to walk back and approach Ms J N Chisenga, MP, which caused an uproar in the House; and 

3. After engaging in a brief conversation with Ms J N Chisenga, MP, the President walked out of the House.  

 

Hon Members, as you are aware, in terms of Articles 9 (2) and 86 (1) of the Constitution, the President is required to, at least twice in every year, attend and address the National Assembly and at least once in every year, report to the National Assembly the progress made in the application of the constitutional values and principles.  Thus, in compliance with Article 9(2) of the Constitution, His Excellency Mr Hakainde Hichilema, President of the Republic of Zambia, attended and addressed the House on Friday 15th March, 2024.

 

Prior to the address, on Wednesday 28th February, 2024, the Office of the Government Chief Whip, in keeping with the custom, issued a circular to all Hon Members of Parliament, reminding them of the parliamentary etiquette that was to be observed during the address, and also underscored the fact that the Presidential Address was a solemn occasion.

 

From the foregoing authorities, it is clear that the President’s address to the House is an auspicious occasion that demands and requires Members to behave their utmost in order to maintain the dignity, decorum and integrity of the House.  Therefore, the President’s Address is a special event which calls for Members to avoid all manner of misconduct or misbehaviour which lower the dignity, decorum and integrity of the House.  This includes disruptive interjections from the Hon Members while the President is delivering his Speech or while he is being ushered in or out of the House by the Speaker.  Therefore, Ms J N Chisenga, MP ‘s defence that her alleged misconduct happened after the actual Address by the President is not sustained.  Hon Members, I find that the conduct of Ms J N Chisenga, MP, did not only show disrespect to the Republican President, but also demeaned the dignity and decorum of this august House. Such conduct is unacceptable and unbefitting the status of an Hon Member.

 

Hon Members, the conduct of Ms J N Chisenga, MP, which caused disorder during the occasion of the address by the President brought the House generally into disrepute, and amounted to gross disorderly conduct.  In this regard, I have had recourse to section 28 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, which provides for disciplinary powers of the Assembly.  Section 28 provides as follows:

 

“28. (1) Where a member is found to have committed a contempt of the Assembly, whether specified in section nineteen or otherwise, the Speaker, the Committee on Privileges or a select committee appointed under subsection (6) may impose any one or more of the following penalties:

 

(a) a formal warning;

(b) an admonition;

(c) a reprimand; and 

(d) an order directing the member to apologise to the Assembly, in a manner determined by the Assembly.

 

(2) Where a member is found to have committed contempt of the Assembly of a serious nature and none of the other penalties are sufficient for the contempt committed by the member, the Speaker shall, on the resolution of the Assembly, suspend the member from the Assembly for a period not exceeding thirty days.”

 

Hon Members, considering the seriousness of the offence committed by Ms J N Chisenga, MP, and in view of the various authorities and precedent I have placed reliance on, I have, in exercise of my powers under section 28 (2) of the National Assembly (Powers and Privileges) Act, decided to suspend Ms J N Chisenga, MP, from the service of the National Assembly for a period of thirty (30) days. 

 

Thus, 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 now put the Question:  The Question is, that the House accordingly suspends Ms J N Chisenga, MP, 

for a period of thirty (30) days, with effect from today, Thursday 28th March, 2024.

 

SCENARIO 1

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

 

Of the contrary say ‘No’; 

 

I think the ‘Ayes’ have it.  The House resolves accordingly.

 

I now turn to address Ms J N Chisenga, MP, before she takes the walk of shame through the main entrance door of the Chamber. 

 

Let me inform you that your conduct which caused disorder during the address by the President was unjustified and unbefitting the conduct of a Member of Parliament.  The President is the head of State and government, and you took an oath of allegiance.  By so doing, you are expected to be respectful to the President.  This is a House of honour, decorum and dignity.  I am, therefore, duty bound to ensure that the honour, decorum and dignity of the House is protected and preserved at all times.  I wish to reiterate that I will not tolerate gross indiscipline, and misconduct from any Member.

 

Finally, 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 any business or activity of the House or a committee that you are assigned to, in your capacity as a Member of the National Assembly; and 

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

 

I now order you, Ms J N Chisenga, to leave the Chamber through the Main Entrance of the Chamber, on thirty (30) days suspension as resolved by the House from today, Thursday, 28th March, 2024 to Friday, 26th April, 2024. 

 

SCENARIO 2

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

 

(Pause)

 

Of the contrary say ‘No’;

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

 

 

I THANK YOU.