RULING BY THE HONOURABLE MADAM SPEAKER ON A POINT OF ORDER RAISED ON WEDNESDAY, 16TH OCTOBER, 2024, BY DR C ANDELEKI, MEMBER OF PARLIAMENT FOR KATOMBOLA CONSTITUENCY, AGAINST THE NINE (9) EXPELLED PATRIOTIC FRONT PARTY (PF) MEMBERS FOR THEIR CONTINUED STAY IN THE HOUSE DESPITE THE CONSTITUTIONAL COURT JUDGMENT RENDERED ON 15TH OCTOBER, 2024

 

Honourable Members, the House will recall that on Wednesday, 16th October, 2024, when the House was considering Question for Oral Answer No 34, and Honourable M Chikote, MP, Minister of Energy, had just concluded responding to a supplementary question by Mr K Kabaso, Member of Parliament for Mwansabombwe Constituency, Dr C Andeleki, Member of Parliament for Katombola Parliamentary Constituency, raised a Point of Order.

 

In raising his Point of Order, Dr C Andeleki, MP, explained that on 27th June, 2024, the Constitutional Court dismissed the petition of Mr R K Chitotela, MP, Mr N Chilangwa, MP, Mr Mpakata Musonda, MP, Mr C C Kang’ombe, MP, Mr R C Mutale, MP, Mr B M Mundubile, MP, Mr S Kampyongo, MP, Mr M Fube, MP and Mr M L Kafwaya, MP, Members of Parliament for Pambashe, Kawambwa, Lupososhi, Kamfinsa, Chitambo, Mporokoso, Shiwang’andu, Chilubi and Lunte Constituencies, respectively, on account that it lacked jurisdiction on the matter. He added that the Constitutional Court stated that the Petitioners did not raise any Constitutional matter requiring interpretation, as the matter was one relating to the political party to which they belonged. As a result, the Petition of the nine (9) Honourable Members, who were expelled from the PF by their Secretary-General, Mr Morgan Ng’ona, failed.

 

Dr C Andeleki, MP, further added that on Wednesday, 3rd July, 2024, the Honourable Mr Second Deputy Speaker delivered a ruling announcing that vacancies had occurred in the nine (9) constituencies of the Honourable Members, following a Point of Order raised by the Honourable Minister of Information and Media against the nine (9) PF Members.

 

Dr C Andeleki, MP, also asserted that on Tuesday, 15th October 2024, the Constitutional Court ruled on the matter between the Electoral Commission of Zambia (ECZ) and Belemu Sibanze. The Court held that once the election process is triggered by a vacancy, it must run its course until the election, with no extension provided for in the Constitution. He further contended that, in light of this judgment, the seats of the nine (9) Honourable Members had become vacant.

Dr C Andeleki,MP, therefore, enquired whether the nine (9) PF Members were in order to remain in the House and participate in its business given the holding of the Constitutional Court and in light of their expulsion from the PF. 

 

Honourable Members, in her immediate response, the Hon Madam First Deputy Speaker reserved her ruling in order to study the matter. I have since studied the matter and will now render my ruling.

 

Honourable Members, before delving into the merits of this Point of Order, I wish to address the issue relating to its admissibility. 

 

Honourable Members, Standing Order 139 (3) of the National Assembly of Zambia Standing Orders, 2024, requires a Member who wishes to raise a Point of Order to cite the Standing Order, law on privilege of Members, rule of procedure or practice that has been allegedly breached. In addition, Standing Order 139 (4) of the National Assembly of Zambia Standing Orders, 2024, provides that where a Member does not cite the Standing Order, law on privileges of Members, rule of procedure or practice breached, the presiding officer may insist on him or her doing so, and if he or she fails or does not adequately do so, the presiding officer may rule that the Point of Order is inadmissible.

 

Honourable Members, a review of the verbatim record of the proceedings of Wednesday, 16th October, 2024, reveals that Dr C Andeleki, MP, did not cite the Standing Order, law on privilege of Members, rule of procedure or practice on which his Point of Order was based. Therefore, Standing Order 139(4) of the National Assembly of Zambia Standing Orders, 2024, would ordinarily require me to rule the Point of Order inadmissible. However, given the significance of the issues raised, I will proceed to render my ruling. 

 

Honourable Members, Dr C Andeleki, MP’s Point of Order raises issues of whether Members of Parliament who have lost their seats can continue to remain in the House and participate in its business.

 

Honourable Members, Article 72 (8) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, obliges me to inform the Electoral Commission of Zambia of any vacancy in the National Assembly within seven (7) days of its occurrence. In accordance with this mandate, I promptly notified the Electoral Commission of Zambia following the ruling delivered by the Honourable Mr Second Deputy Speaker on 3rd July 2024, which announced the vacancies in nine (9) constituencies.

 

Honourable Members, in light of the announcement made on 3rd July 2024, by the Honourable Mr Second Deputy Speaker regarding the vacancies that had occurred in nine constituencies, the nine (9) affected Members commenced judicial review proceedings in the High Court challenging that decision. On Wednesday, 23rd October, 2024, the High Court declared that the decision by the Honourable Mr Second Deputy Speaker was ultra vires and consequently quashed it. 

 

Further, Honourable Members, I wish to add that the nine (9) Members of Parliament have challenged their expulsion by Mr M B Sampa, Member of Parliament for Matero Constituency in the High Court under cause No.2024/HP/1056. Therefore, I cannot delve into the merits of the Point of Order as the matter is sub-Judice

 

I THANK YOU.