Hon Members I have a ruling to render against Mr M Kafwaya, Member of Parliament for Lunte Constituency, on a Point of Order by Mr F C Chaatila, Member of Parliament for Moomba Constituency.

 

As per our practice and procedure, a member who is found in breach of parliamentary privilege and contempt of the House, is required to be present in the House when the ruling is delivered. In that regard the Member was contacted by the Office of the Clerk to remind him to be present in the House, today, Thursday, 17th September, 2025. However, the Member has elected to absent himself from the House. I will nonetheless proceed to render the ruling. Hon Members will recall that on Wednesday, 16th July, 2025, when the House was considering the Report of the Committee on Energy, Water Development and Tourism and Mr M F Fube, Member of Parliament for Chilubi Constituency was debating, Mr F C Chaatila, Member of Parliament for Moomba Constituency, raised a Point of Order. 

In his Point of Order, Mr F C Chaatila, MP, inquired whether Mr M Kafwaya, MP, was in order to conduct himself in the manner he did, while debating on the Floor of the House. 

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

Hon Members, the Point of Order by Mr F C Chaatila, MP, raises the following issues:

(i) a Member exhibiting disorderly conduct on the Floor of the House; and 

(ii) a Member showing disrespect to the Presiding Officer.

Hon Members, I will address the issues raised one after another.

 

(1) A Member exhibiting disorderly conduct on the Floor of the House

The National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, is instructive on the issue of a Member exhibiting disorderly conduct on the floor of the House. It provides, in section 19 (d) and (e) as follows:

“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 Orders Orders 213 (1) and (2) and 215 (a) and (i) of the National Assembly of Zambia Standing Orders, 2024, provide 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.”

“215. A member commits an act of gross disorderly conduct if the member:

(a) defies a ruling or direction of a presiding officer; …

(i) acts in any other way to the serious detriment of the dignity or orderly procedure of the House;”

(2) A Member showing disrespect to a Presiding Officer

Hon Members, the erstwhile Speaker had occasion to rule on a similar matter on the complaint by Hon B Mundubile, MP, the then Government Chief Whip against, Hon G G Nkombo, MP, on the latter’s disrespectful conduct towards the Hon Madam First Deputy Speaker, Catherine Namugala, MP, on Thursday, 19th September, 2019 (National Assembly Daily Parliamentary Debates of Tuesday, 12th November, 2019).  In that case, Hon G G Nkombo, MP, openly disregarded the Hon Madam First Deputy Speaker’s guidance on his request to be reinstated on the list of Members to debate.  Further, he directly engaged Madam First Deputy Speaker on the Floor of the House and also engaged Prof Nkandu Luo, MP, in disregard of the authority of the Presiding Officer. Additionally, he showed disrespect to the Hon Madam First Deputy Speaker, by his failure to withdraw from the Chamber through the nearest door when he was ordered to leave the Chamber.  Instead, he elected to walk around the Chamber, whilst making utterances, and pointing fingers.  Following a hearing conducted by the Committee on Privileges, Absences, and Support Services, Hon G G Nkombo, MP, was suspended from the House for ten (10) days, for exhibiting disorderly conduct in the House and showing disrespect to the presiding officer.

Hon Members, I have since reviewed the verbatim record and the relevant video footage of the proceedings for that day and established the following:

(i) Mr M Kafwaya, MP, while debating on the Motion “that this House adopts the Report of the Committee on Energy, Water Development and Tourism,” moved by Mr R Kangombe, Member of Parliament for Sesheke Constituency, was directed by the Hon Second Deputy Speaker to confine his debate to the contents of the Report; 

(ii) The Hon Second Deputy Speaker guided Mr M Kafwaya, MP, that if he continued debating in the manner he was debating his debate would be curtailed; 

(iii) Mr M Kafwaya, MP, decided to engage the Hon Second Deputy Speaker while making a disrespectful gesture at him; and

(iv) The Hon Second Deputy Speaker ordered Mr M Kafwaya, MP, to resume his seat and he complied. However, Mr M Kafwaya continued engaging the Hon Second Deputy Speaker after resuming his seat. 

Hon Members, it is clear from his conduct that Mr M Kafwaya, MP, misconducted himself in the House and indeed showed disrespect to the Presiding Officer. 

 

Hon Members, the rules of the House on etiquette and decorum, including the Standing Orders cited above were formulated to maintain discipline, decorum and the dignity of the House. Therefore, Hon Members are called upon to, at all times, conduct themselves in a manner that upholds the dignity and decorum of the House. 

 

Hon Members, the conduct of Mr M Kafwaya, MP, amounted to a Member exhibiting disorderly conduct on the Floor of the House and showing disrespect to the Presiding Officer. Section 28 of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, provides for disciplinary powers of the Assembly as follows:

 

“28. (1) Where a member is found to have committed a contempt of the Assembly, whether specified in section nineteen or otherwise, the Speaker, the Committee on Privileges, or a select committee appointed under subsection (6) may impose any one or more of the following penalties:

 

(a) a formal warning;

(b) an admonition;

(c) a reprimand; and 

(d) an order directing the member to apologise to the Assembly, in a manner determined by the Assembly.

 

(2) Where a member is found to have committed contempt of the Assembly of a serious nature and none of the other penalties are sufficient for the contempt committed by the member, the Speaker shall, on the resolution of the Assembly, suspend the member from the Assembly for a period not exceeding thirty days.”

 

Hon Members, considering the seriousness of the offence committed by Mr M Kafwaya, MP, and in view of the various authorities and precedent I have placed reliance on, I have, in exercise of my powers under section 28 (2) of the National Assembly (Powers and Privileges) Act, decided to suspend Mr M Kafwaya, MP, from the service of the National Assembly for a period of thirty (30) days. 

 

Thus, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House, I now put the Question:  The Question is, that the House accordingly suspends Mr M Kafwaya, MP, for a period of thirty (30) days, with effect from today, Thursday 18th September, 2025.

 

SCENARIO 1

As many as are of that opinion say ‘Aye’;

 

Of the contrary say ‘No’; 

 

I think the ‘Ayes’ have it.  The House resolves accordingly.

 

MR M KAFWAYA, MP,  

The House is extremely displeased with your conduct of engaging the Presiding Officer while making disrespectful gestures at him. As a long-serving Member of the House, you are well aware that exhibiting disorderly conduct on the Floor of the House and showing disrespect to the Presiding Officer is prohibited, as it degrades the decorum and dignity of the House and brings the House into public ridicule. Your conduct on the Floor of the House, did not only disrespect the Presiding Officer, but also undermined the integrity, dignity, and decorum of this House.  I, therefore, expect that in future, you will conduct yourself in a manner befitting a senior Member of this August House. Finally, I wish to reiterate that gross indiscipline, and misconduct will not be tolerated from any Member.

As I conclude, 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 any business or activity of the House or a committee that you are assigned in, in your capacity as a Member of the National Assembly; and 

3. be paid a salary or allowance that you are entitled to as a Member.

 

Mr M Kafwaya, MP, will proceed on thirty (30) days suspension as resolved by the House from today, Thursday, 18th September, 2025 to Friday, 17th October, 2025. 

 

SCENARIO 2

As many as are of that opinion say ‘Aye’;

 

(Pause)

 

Of the contrary say ‘No’;

I think the ‘Noes’ have it. [Pause]. The ‘Noes’ have it. The question is negatived.

 

I THANK YOU.