RULING BY THE HON MADAM SPEAKER ON A POINT OF ORDER RAISED ON 19TH MARCH, 2024, BY MR M ANAKOKA, MEMBER OF PARLIAMENT FOR LUENA CONSTITUENCY, AGAINST MR J E BANDA, MEMBER OF PARLIAMENT FOR PETAUKE CENTRAL CONSTITUENCY FOR DEFYING THE RULING AND DIRECTIVE OF THE SPEAKER ON THE FLOOR OF THE HOUSE

_____________________________________________________________

Hon Members I have a ruling to render against Mr J E Banda, Member of Parliament for Petauke Central Constituency, on a Point of Order raised by Mr M Anakoka, Member of Parliament for Luena Constituency. As per our practice and procedure, a Member who raises a Point of Order and a Member to whom the Point of Order is raised, is required to be present in the House when the ruling is delivered. However, I am aware of the circumstances surrounding Mr J E Banda, MP and I will proceed to render the ruling in his absence.

 

Hon Members will recall that on Tuesday, 19th March, 2024, when the House was considering Question for Oral Answer No 312, and Hon F C Mutati, Minister of Technology and Science, had just concluded responding to the question, Mr M Anakoka, Member of Parliament for Luena Constituency, raised a Point of Order. In the Point of Order, he inquired whether Mr J E Banda, Member of Parliament for Petauke Central Constituency and other Members who joined him were in order to defy the ruling and directive of the Speaker. The Point of Order was based on the then Standing Order 205 of the National Assembly of Zambia Standing Orders, 2021, which provided for gross disorderly conduct.

 

In her immediate response, the Hon Madam First Deputy Speaker reserved her ruling to enable her investigate the matter.  I have studied the matter and will now render my ruling. 

 

Hon Members, by way of background, the events that gave rise to the Point of Order are as follows:

 

i) On Tuesday, 19th March, 2024, before rendering a Ruling on a complaint by Mr C Andeleki, Member of Parliament for Katombola Constituency, against Mr J E Banda, MP, the Hon Madam First Deputy Speaker requested Mr J E Banda, MP, to go and stand behind the bar of the House. However, Mr J E Banda, MP, while walking to the bar engaged in protracted arguments with Members on her right;

ii) The Hon Madam First Deputy Speaker then ordered the Sergeant-at-Arms to remove Mr J E Banda, MP, from the House.  However, Mr J E Banda, MP, resisted his removal from the House by the Sergeant-at-Arms which consequently created disorder in the House.  This prompted the Hon Madam First Deputy Speaker to suspend Business of the House for ten (10) minutes so that order could be restored;

iii) After resumption of business, the Hon Madam First Deputy Speaker rendered her Ruling and the House proceeded to consider the business of the day at exactly 15:15 hours; and

iv) When the House resumed to consider the business of the day it began by considering matters of Urgent Public Importance and subsequently proceeded to consider Question for Oral Answer No 312.  It was at that point that Mr M Anakoka, MP, raised the Point of Order under consideration.  This was at 15:50hrs, thirty-five (35) minutes after resumption of business following the alleged misconduct. 

 

Hon Members, the House has been guided on several occasions on the nature and function of a Point of Order, and when it can be resorted to. For avoidance of doubt, I will, again, address this issue. 

Standing Order 140 (1) (a) of the National Assembly of Zambia Standing Orders, 2024, provides that – 

“(1) A Point of Order may be admissible if – 

(a) it is raised immediately after the alleged breach occurs.”

The erstwhile Speaker, Rt Hon Justice Dr Patrick Matibini, SC, had occasion to rule on the issue of contemporaneity in the case of a Point of Order by Hon T S Ngulube, then Deputy Government Chief Whip and Member of Parliament for Kabwe Central Constituency (National Assembly Daily Parliamentary Debates of Thursday, 10th December, 2020).

In rendering his Ruling, the erstwhile Hon Speaker stated as follows: 

“… it is self-evident that a Point of Order must relate to a breach of the rules of the House at the material time, and should be raised contemporaneously; that is to say, soon after the alleged breach occurs.”

Hon Members, from the foregoing, it is clear that a Point of Order must be raised contemporaneously. In this regard, I am alive to the fact that on the material day, the proceedings of the House were suspended for ten (10) minutes due to the alleged misconduct by Mr J E Banda, MP. Notably, Mr M Anakoka, MP, could not raise his Point of Order at the time that the alleged breach occurred, as the Business of the House was suspended and soon after resumption, the Presiding Officer was rendering her ruling. However, Business of the House was well underway at the time the Point of Order was raised. On that basis, in line with the rules and procedure of the House, the earliest possible time that Mr M Anakoka, MP, should have raised his Point of Order was after the Presiding Officer had concluded rendering the ruling but before consideration of Matters of Urgent Public Importance. Therefore, the Point of Order is inadmissible for not being raised immediately after the alleged breach occurred.  

 

Hon Members, that notwithstanding, Mr J E Banda, MP’s, conduct on the Floor of the House was offensive to both the Office of the Speaker and the proceedings of the House and breached the rules of Parliamentary etiquette. Such conduct has the potential to demean the Office of the Speaker and disrupt the proceedings of the House and this is certainly an act of gross misconduct. Mr J E Banda, MP’s, conduct on that day was unbefitting of a Member and earnestly undermined the integrity, dignity and decorum of the House. 

 

I, therefore, wish to seize this opportunity to remind Hon Members that the rules of parliamentary etiquette require Hon Members to debate and conduct themselves with civility and sobriety at all times.  In this regard, Hon Members are not expected to engage in personal attacks or physical confrontation on the Floor of the House, within the precincts of Parliament or indeed elsewhere. Clearly, any resort to actions or conduct that results in the disruption of parliamentary business is totally unacceptable, and must be deprecated. 

 

Hon Members, I am cognisant of the fact that Mr J E Banda is not in the House because he is indisposed. Ordinarily, he ought to have been in the House after serving his thirty (30) day suspension. It is my sincere hope that during this time, he had time to reflect on his conduct and has reformed. I wish to urge him to always conduct himself honourably and desist from conduct that is likely to bring this House into disrepute and odium.

 

I THANK YOU.