RULING BY THE HONOURABLE MADAM FIRST DEPUTY SPEAKER ON A POINT OF ORDER RAISED ON TUESDAY, 15TH OCTOBER, 2024, BY DR C ANDELEKI, MEMBER OF PARLIAMENT FOR KATOMBOLA CONSTITUENCY ON THE STATUS OF MR J E BANDA, MEMBER OF PARLIAMENT FOR PETAUKE CENTRAL CONSTITUENCY, FOLLOWING HIS ABSENCE FROM THE HOUSE AFTER HIS DISAPPEARANCE FROM CHIPATA CENTRAL HOSPITAL AND ON THE STATUS OF MR R K CHITOTELA, MEMBER OF PARLIAMENT FOR PAMBASHE CONSTITUENCY FOLLOWING HIS CONVICTION AND MR N CHILANGWA MEMBER OF PARLIAMENT FOR KAWAMBWA CONSTITUENCY FOLLOWING HIS SENTENCING

 

Honourable Members, the House will recall that on Tuesday, 15th October, 2024, when the House was considering Question for Oral Answer No.31 and Honourable C Mulenga, MP, Minister of Commerce Trade and Industry had just finished responding to a follow up question by Mr A C Mumba, Member of Parliament for Kantanshi Constituency, Dr C Andeleki, Member of Parliament for Katombola Constituency, raised a Point of Order. The Point of Order was premised on Article 72 (2) (b) and (c) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, which provides for the vacation of Office as a Member of Parliament where a Member is serving a sentence of imprisonment or acts contrary to a prescribed code of conduct.

In his Point of Order, Dr C Andeleki, MP, explained that Mr J E Banda, Member of Parliament for Petauke Central Constituency, disappeared from Chipata Central Hospital on Thursday, 20th June, 2024, following his charge for Aggravated Robbery and Attempted Murder. In this regard, 

Dr C Andeleki, MP, enquired whether Mr J E Banda, MP, was still a Member of Parliament within the definition of Section 2 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, given that he has not appeared in the House since 20th June, 2024.

Additionally, Dr C Andeleki, MP, stated that Mr R K Chitotela, Member of Parliament for Pambashe Constituency had not appeared in the House since his conviction on Monday, 22nd July, 2024. Further, that Mr N Chilangwa, Member of Parliament for Kawambwa Constituency, had also not appeared in the House following his sentencing on the same day. He, therefore, enquired whether Mr R K Chitotela, MP, and Mr N Chilangwa, MP, were still Members of Parliament within the definition of the National Assembly (Powers and Privileges) Act.

In my immediate response, I reserved my ruling to enable me study the matter and deliver a measured ruling. I have since studied the matter and will now render my ruling.

Honourable Members, I will first address the status of Mr J E Banda, MP. Thereafter, I will proceed to address the status of Mr R K Chitotela, MP and Mr N Chilangwa, MP.

1. THE STATUS OF MR J E BANDA, MP

Honourable Members, I wish to begin by giving a background to what gave rise to Dr C Andeleki, MP’s Point of Order. On Thursday, 20th June, 2024, the Zambia Police Service informed the general public of the formal arrest of Mr J E Banda, MP. Mr J E Banda, MP, was formally charged and arrested on two (2) charges being aggravated robbery and attempted murder and was subsequently transferred to Chipata in the Eastern Province. On Monday, 5th August, 2024, the nation was informed by the Honourable Minister of Home Affairs and Internal Security of Mr J E Banda, MP’s escape from lawful custody while receiving medical attention at the Chipata General Hospital.

Honourable Members, Article 77(1) of the Constitution confers on the National Assembly the power to regulate its own procedure and make Standing Orders for the conduct of its business. In this vein, Standing Order 223 (1) of the National Assembly of Zambia Standing Orders, 2024, on a Member’s failure to attend sittings provides that-

“223. (1) If, during a Session, a Member is absent for four or more consecutive Sittings of the Assembly without permission, in writing, from the Government Chief Whip or the Speaker, the matter shall stand referred to the Committee on Privileges and Absences for hearing and determination.”

Honourable Members, it is evident that following Mr J E Banda, MP’s arrest and detention, the reason for the Member’s absence from the House was known. However, from the date of his escape from lawful custody, there is no valid reason for his continued absence from the House. In that regard, based on Standing Order 223 of the National Assembly of Zambia, Standing Orders, 2024, the matter stands referred to the Committee on Privileges and Absences for determination. The Committee shall make appropriate recommendations by Tuesday, 12th November, 2024.

2. THE STATUS OF MR R K CHITOTELA, MP, AND MR N CHILANGWA, MP

Honourable Members, the background to this matter is that on Monday 22nd July, 2024, the Subordinate Court of the First Class for the Kawambwa District presided over by Honourable Martin Namushi delivered judgment in the matter of The People v Ronald Kaoma Chitotela, Nickson Chilangwa, and Six (6) Others Cause No 1/124/SG/2021. In the judgment, the court found Mr N Chilangwa, MP, guilty of Malicious Damage to Property contrary to section 335 of the Penal Code, Chapter 87 of the Laws of Zambia, and sentenced him to five (5) years imprisonment with hard labour. The Court further found Mr R K Chitotela, MP, guilty of Arson and committed him to the High Court for sentencing. 

It is against this background that Dr C Andeleki, MP, raised his Point of Order. 

Honourable Members, Standing Order 140 (3) of the National Assembly of Zambia, Standing Orders, 2024, on the admissibility of Points of Order provides that-

“A Member shall not reopen a Point of Order, which has already been decided.”

Honourable Members, on Wednesday, 24th July, 2024, Mr M Anakoka, Member of Parliament for Luena Constituency, raised a Point of Order concerning the status of Mr R K Chitotela, MP, and Mr N Chilangwa, MP, after their conviction and sentencing, respectively. A ruling on the effect of the judgement of the subordinate court and the status of the two (2) Members was delivered on the Floor of the House by the Honourable Madam Speaker on Wednesday, 24th July, 2024.

Honourable Members, as highlighted above, Standing Order 140 (3) prohibits a Member from reopening a Point of Order which has already been decided. A ruling on the status of Mr R K Chitotela, MP and Mr N Chilangwa, MP, was already delivered.

I, therefore, hold that the Point of Order by Dr C Andeleki, MP, on the status of Mr R K Chitotela, MP and Mr N Chilangwa, MP, is inadmissible as it seeks to reopen a matter that was already decided upon. 

 

I THANK YOU.