Ruling by Hon Madam Speaker - On a Complaint by Dr. C Andeleki, MP, against Mr. F R Kapyanga, MP, over Statements attributed to Mr. Kapyanga in an Article entitled "Stand as MP to Debate Freely, Kapyanga Tells Speaker Mutti" published in the News Diggers

RULING BY THE HONOURABLE MADAM SPEAKER ON A COMPLAINT BY DR C ANDELEKI, MEMBER OF PARLIAMENT FOR KATOMBOLA CONSTITUENCY, AGAINST MR F R KAPYANGA, MEMBER OF PARLIAMENT FOR MPIKA CONSTITUENCY, OVER STATEMENTS ATTRIBUTED TO MR F R KAPYANGA, MP, IN AN ARTICLE ENTITLED “STAND AS MP TO DEBATE FREELY, KAPYANGA TELLS SPEAKER MUTTI” PUBLISHED IN THE NEWS DIGGERS NEWSPAPER, ISSUE NO. 2031 DATED FRIDAY, 4TH JULY, 2025
 
I order Mr F R Kapyanga, Member of Parliament for Mpika 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 go and stand behind the Member.
Honourable Members, I wish to inform the House that on Wednesday, 9th July, 2025, my Office received a letter of complaint from Dr C Andeleki, Member of Parliament for Katombola Constituency, against Mr F R Kapyanga, Member of Parliament for Mpika Constituency, for remarks attributed to Mr F R Kapyanga, MP, published in the News Diggers Newspaper, Issue No. 2031 dated Friday, 4th July, 2025, under the headline: “Stand as MP to Debate Freely, Kapyanga Tells Speaker Mutti.” 
 Dr C Andeleki, MP, asserted that in the detailed article by Mwenya Mofya on page 6 of the paper, Mr F R Kapyanga, MP, was, among other things, quoted accusing my Office of bias against the Patriotic Front Party (PF) Members of Parliament when presiding over the House. Dr C Andeleki, MP, stated that Mr F R Kapyanga, MP, allegedly cited the following reasons for his assertions against my Office:
(i) I frequently shout at opposition Members of Parliament, regardless of how constructive or objective their contributions are;
(ii) I often rule opposition Members out of order or cut them off mid-speech, while allowing even trivial matters raised by ruling party Members to proceed; and
(iii) I have failed to announce the rightful Leader of the Opposition despite receiving communication from the PF Party.
Dr C Andeleki, MP, further averred that Mr F R Kapyanga, MP, urged me to stand for election in 2026 so that I could freely participate in parliamentary debates.
Dr C Andeleki, MP, contended that Mr F R Kapyanga, MP’s, comments contravened section 19 (d) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, and Standing Order 220 (2) (b) of the National Assembly of Zambia Standing Orders, 2024.
In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, on Friday, 18th July, 2025, the Office of the Clerk wrote to Mr F R Kapyanga, MP, to confirm whether the comments in the said article were correctly attributed to him. In response, Mr F R Kapyanga, MP, confirmed that the statement published in the News Diggers Newspaper dated 4th July, 2025, was correctly attributed to him. He alleged that he was summoned to my office over the matter earlier in the month where he unreservedly apologised for his conduct. Further, he stated that he wished to officially extend his apology to me, the House, and the nation for the contemptuous comments.
On the same day, the Office of the Clerk wrote to the Editor-in-Chief of the News Diggers Newspaper requesting the newspaper to confirm whether the statements alleged to have been made by Mr F R Kapyanga, MP, were correctly attributed to him. 
It is noteworthy, that all attempts to get a response from News Diggers Newspaper proved futile.
 
Honourable Members, the complaint by Dr C Andeleki, MP, raises the issue of a Member committing contempt of the House by making statements that are disrespectful or reflect on the character or impartiality of the Speaker in the discharge of the Speaker’s duties.
In this regard, section 19 (d) and (e) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia provides that-
 
“19. Any person shall be guilty of an offence who- 
(d) shows disrespect in speech or manner towards the Speaker; or 
(e) commits any other act of intentional disrespect to or with reference to the proceedings of the Assembly or of a committee of the Assembly or to any person presiding at such proceedings.” 
 
Further, Standing Order 213 (1) and (2) sets out the manner in which Members should conduct themselves and states as follows:
“213. (1) A member shall at all times conduct himself or herself in a manner that upholds the dignity, integrity and decorum of the House. 
(2) A member shall not act in a manner that brings the House or other members generally into disrepute.”
Furthermore, Standing Order 220 (2) (b) of the National Assembly of Zambia Standing Orders, 2024, provides that- 
“220 (2) In addition to instances under Section nineteen of the National Assembly (Powers and Privileges) Act, the following, may constitute contempt of the House:
 (b) a reflection on the character or impartiality of the Speaker in the discharge of the Speaker's duties.”
 
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, at page 304, as follows:
“It is a breach of privilege and contempt of the House to make speeches, or to print or publish any libels, reflecting on the character or proceedings of the House or its committees. Speeches and writings reflecting on the House or its committees or members are punished by the House as contempt on the principle that such acts “tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them.”
 
Further, Erskine May, in his book entitled Parliamentary Practice, Twenty-fourth Edition, at page 263 states that:
 
“….reflections on the character of the Speaker or accusations of partiality in the discharge of his duties and similar charges against the Chairman of ways and means….have attracted penal powers of the Commons.”
 
From the authorities cited above, it is clear that it is a breach of Parliamentary privilege and contempt of the House for a Member to make statements that are demeaning and reflect negatively on the character and impartiality of the Speaker.
 
Honourable Members, I referred the matter to the Committee on Privileges and Absences for consideration.  The Committee met on Tuesday, 29th July, 2025, to consider the matter. In this regard, three witnesses, namely, Dr C Andeleki, MP, Mr F R Kapyanga, MP, and Mr Ulanda Nkomesha, Acting News Editor, News Diggers Newspaper appeared before the Committee. The submissions of the witnesses are set out below.
(i) Dr C Andeleki, MP
Dr C Andeleki, MP, confirmed that he was the author of the complaint against Mr F R Kapyanga, MP, filed to my office on 9th July, 2025. He, therefore, placed reliance on his written complaint.
 
(ii) Mr Ulanda Nkomesha, Acting News Editor-News Diggers Newspaper
On behalf of the News Diggers Newspaper, Mr Nkomesha confirmed that the publication in the News Diggers newspaper issue no. 2031 dated Friday, 4th July, 2025, was correctly attributed to Mr F R Kapyanga, MP. He added that the publication was based on a recorded interview conducted by Mr Mofya from News Diggers with Mr F R Kapyanga, MP. 
 
(iii) Mr F R Kapyanga, MP
Mr F R Kapyanga, MP, confirmed that the statements published in the News Diggers Newspaper issue no. 2031 dated Friday, 4th July, 2025, were correctly attributed to him. He relied on his written submissions as contained in his letter to the Clerk dated Monday, 21st July, 2025.
Honourable Members, upon evaluating the matter, the Committee made the following observations:
(i) based on Mr F R Kapyanga, MP’s, own admission and the substantial evidence before the Committee, the statements published in the News Diggers Newspaper Issue No. 2031 of Friday, 4th July, 2025, were correctly attributed to him; 
 
(ii) the statements were disrespectful and impugned the character and impartiality of the Speaker in the discharge of her duties, therefore, constituting a breach of privilege and contempt of the House; and
 
(iii) the remarks by Mr F R Kapyanga, MP, not only  brought disrepute to the dignity of the Speaker but also to the entire House.
In determining the appropriate punishment to be meted out to Mr F R Kapyanga, MP, the Committee considered that Mr F R Kapyanga, MP-
(i) readily admitted the charge;
(ii) expressed remorse as evidenced by his unreserved apology; and
(iii) did not waste the Committee’s time. 
Honourable Members, after deliberating on the aforementioned factors, the Committee resolved to recommend that Mr F R Kapyanga, MP, be directed to apologise to the Assembly, in line with section 28 (1) (d) of the National Assembly (Powers and Privileges) Act.
I note the Committee’s recommendation that Mr F R Kapyanga, MP, should apologise on the Floor of the House because he readily admitted the charge and he did not waste the Committee’s time. However, I also note that Mr F R Kapyanga, MP, did not offer any justifiable and reasonable explanation both in his letter of response to the Clerk and during the Committee’s deliberations for making remarks that impugned my character and impartiality in the discharge of my duties. 
Honourable Members, it goes without saying that the hallmark of Speakership is impartiality. Therefore, considering the gravity of the statements made by Mr F R Kapyanga, MP, in public through the News Diggers Newspaper, his failure to substantiate the statements, and the need to deter other Members from making such atrocious allegations, a stiffer punishment needs to be meted out. 
In this regard, I am of the considered view that Mr F R Kapyanga, MP, should instead be suspended for fourteen (14) days.
Therefore, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, I now put the Question: The Question is, that the House accordingly suspends Mr F R Kapyanga, MP, for a period of fourteen (14) days.
As many as are of that opinion say ‘Aye’;
(Pause)
Of the contrary say ‘No’;
SCENARIO 1
I think the ‘Ayes’ have it. [Pause].  The ‘Ayes’ have it. The question is resolved in the affirmative.
I NOW TURN TO ADDRESS YOU MR F R KAPYANGA, MP.
Mr F R Kapyanga, MP, the statements you made in an article entitled “stand as MP to debate freely, Kapyanga tells Speaker Mutti” published in the News Diggers Newspaper, issue no. 2031 dated Friday, 4th July, 2025, were disrespectful and impugned the character and impartiality of my office in the discharge of my duties. The statements did not only bring the dignity of my office into disrepute, but that of the entire House as well. Therefore, the statements constitute a breach of Parliamentary Privilege and contempt of the House. The House is, in this regard, displeased with your conduct.  It is my sincere hope that you will refrain from such conduct in future. 
Let me remind you and by extension, the entire House, that your right to freedom of speech is not absolute as it does not extend to unlawful speeches made outside the House or any libels published in the print media. I, therefore, urge you to conduct yourself in a manner befitting the dignity and decorum of the House in relation to your freedom of speech.
Mr F R Kapyanga, MP, before you take the walk of shame, 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 an activity of the Assembly or any committee that you are assigned to, in your capacity as Member of Parliament; and
3. be paid the salary or allowance that you are entitled to as a Member.
It is my earnest hope that this will be the last time you exhibit such undesirable conduct.
I now order, Mr F R Kapyanga, MP, to proceed on fourteen (14) days suspension with effect from, today, Wednesday, 17th September, 2025, to Tuesday, 30th September, 2025, as resolved by the House.
SCENARIO 2
I think the ‘Noes’ have it. [pause]. The ‘Noes’ have it. The question is negatived. 
 
I THANK YOU.
Ruling Date: 
Wednesday, September 17, 2025