Ruling by Hon Madam Speaker - On a Point of Order raised by Mr B Kambita, MP on the Status of Ms T Lungu, MP following the submission by the Former First Lady Mrs Esther Lungu, in the South African High Court that they do not intend to return to Zambia

RULING BY THE HONOURABLE MADAM SPEAKER ON A POINT OF ORDER RAISED ON TUESDAY, 15TH JULY, 2025, BY MR B KAMBITA, MEMBER OF PARLIAMENT FOR ZAMBEZI EAST CONSTITUENCY ON THE STATUS OF MS T LUNGU, MEMBER OF PARLIAMENT FOR CHAWAMA CONSTITUENCY, FOLLOWING THE ALLEGED SUBMISSION BY THE FORMER FIRST LADY MRS ESTHER LUNGU, IN THE SOUTH AFRICAN HIGH COURT THAT THE LUNGU FAMILY DOES NOT INTEND TO RETURN TO ZAMBIA
Honourable Members, the House will recall that on Tuesday, 15th July, 2025, when the House was considering the Ministerial Statement by the Minister of Community Development and Social Services on the impact of the Social Cash Transfer and Cash for Work Programmes, and Hon D S Mwamba, MP, Minister of Community Development and Social Services had just finished responding to a follow up question by Mr C Mulenga, Member of Parliament for Kwacha Constituency, Mr B Kambita, Member of Parliament for Zambezi East Constituency, raised a Point of Order. 
 
The Point of Order was premised on Standing Orders 243 and 223 (1) and (2) of the National Assembly of Zambia Standing Orders, 2024, which-
 
(i) requires a Member seeking to be absent from the sittings of the House to obtain written permission from the Government Chief Whip or the Speaker; and
(ii) provides for the referral of a matter by the Speaker to the Committee on Privileges and Absences for hearing and determination where a Member is absent from the sittings of the House for four (4) consecutive sittings without obtaining prior written permission. 
 
Honourable Members, in raising the Point of Order, Mr B Kambita, MP, referred to a recent alleged submission by the former First Lady, Mrs Esther Lungu, to the South African High Court. Mr B Kambita, MP, stated that it was reported that the Former First Lady stated that her family does not intend to return to Zambia due to safety concerns. He further submitted that Ms T Lungu, Member of Parliament for Chawama Constituency, is a member of the Lungu family. 
On that premise, Mr B Kambita, MP, enquired whether the House was in order to continue recognising Ms T Lungu, MP, as a Member of Parliament when she has no intention of returning to Zambia. 
In my immediate response, I reserved my ruling to enable me study the matter. I have since studied the matter and will now render my ruling.
Honourable Members, the issue the Point of Order raises is whether a Member who is outside the country and has no intention of returning should continue to be recognised as a Member of Parliament.
Honourable Members, it is in the public domain that the Sixth Republican President, Dr Edgar Chagwa Lungu passed away on Thursday, 5th June, 2025, in Pretoria, South Africa, and is yet to be put to rest. It is also a known fact that the deceased was the father to Ms T Lungu, MP. It is noted that some of the deceased’s family members including Ms T Lungu, MP, had since travelled to South Africa and are still there awaiting the determination of the court proceedings regarding the repatriation of the body of the late former President. In this regard, the Lungu family is still in mourning. Honourable Members, I am also aware that there are ongoing negotiations between the Government and the Lungu family to try and resolve the matter outside court. We remain hopeful that an amicable solution will be found. 
The House may wish to note that my office is in receipt of a letter from Ms T Lungu, MP, requesting for leave of absence to enable her attend to the ongoing court proceedings in South Africa regarding the burial place of her late father.
In light of this state of affairs, the issue relating to whether Ms T Lungu, MP, should continue to be recognised as a Member of Parliament is a matter that will be addressed at a later date. While I recognise the sad state of affairs regarding the funeral of the late former President and the need for Ms T Lungu, MP, to mourn and put to rest her father, I am also alive to the need for the people of Chawama Parliamentary Constituency to be represented. 
In this regard, I direct, in absentia, Ms T Lungu, MP, to present herself to either my office, if the House will be on recess, or the House, within fourteen (14) days after the burial of her late father, or within fourteen (14) days of the opening of the Fifth Session of the Thirteenth National Assembly.
I thank you.
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Ruling Date: 
Friday, July 25, 2025