1. RAISED ON WEDNESDAY, 8TH APRIL, 2026, BY MR G K CHISANGA, MEMBER OF PARLIAMENT FOR LUKASHYA CONSTITUENCY ON WHETHER MR M J KATAMBO, MEMBER OF PARLIAMENT FOR MASAITI CONSTITUENCY; MR J CHIBUYE, MEMBER OF PARLIAMENT FOR ROAN CONSTITUENCY; MR S MUSHANGA, MEMBER OF PARLIAMENT FOR BWACHA CONSTITUENCY; MR S CHANDA, MEMBER OF PARLIAMENT FOR KANCHIBIYA CONSTITUENCY, MRS M NAKAPONDA,  MEMBER OF PARLIAMENT FOR ISOKA CONSTITUENCY  AND MR L CHIBOMBWE, MEMBER OF PARLIAMENT FOR BAHATI CONSTITUENCY, WERE IN ABROGATION OF ARTICLE 72 OF THE CONSTITUTION OF ZAMBIA, CAP 1 OF THE LAWS OF ZAMBIA, FOLLOWING ALLEGATIONS THAT THEY HAD CROSSED THE FLOOR TO JOIN THE UNITED PARTY FOR NATIONAL DEVELOPMENT (UPND);
2. RAISED ON FRIDAY, 10TH APRIL, 2026, BY DR C ANDELEKI, MEMBER OF PARLIAMENT FOR KATOMBOLA CONSTITUENCY, ON WHETHER MR B M MUNDUBILE, MEMBER OF PARLIAMENT FOR MPOROKOSO CONSTITUENCY, MR G K CHISANGA, MEMBER OF PARLIAMENT FOR LUKASHYA CONSTITUENCY AND MR S KAMPYONGO, MEMBER OF PARLIAMENT FOR SHIWANG’ANDU CONSTITUENCY, WERE IN CONTRAVENTION OF ARTICLE 72 (2) (D) OF THE CONSTITUTION OF ZAMBIA ACT, CAP 1 OF THE LAWS OF ZAMBIA, FOLLOWING THEIR JOINING OF THE FORUM FOR DEMOCRACY AND DEVELOPMENT PARTY (FDD) THROUGH THE TONSE ALLIANCE; AND

1. RAISED ON TUESDAY, 14TH APRIL, 2026, BY MR B MPUNDU, MEMBER OF PARLIAMENT FOR NKANA CONSTITUENCY, ON WHETHER THE HOUSE WAS IN ORDER NOT TO DECLARE THE LUANGENI PARLIAMENTARY SEAT VACANT, FOLLOWING HONOURABLE M F MOYO, SECOND DEPUTY SPEAKER’SJOINING THE UNITED PARTY FOR NATIONAL DEVELOPMENT (UPND) WHEN HE WAS ELECTED AS AN INDEPENDENT MEMBER OF PARLIAMENT

Honourable Members, the House will recall that on Wednesday, 8th April, 2026, when the House was considering Question for Oral Answer No 286, and Honourable D Syakalima, MP, Minister of Education, had just concluded responding to a supplementary question from Mr K Mukosa, Member of Parliament for Chinsali Constituency, Mr G K Chisanga, Member of Parliament for Lukashya Constituency, raised a Point of Order premised on Article 72 of the Constitution of Zambia, Cap 1 of the Laws of Zambia.

Honourable Members, in raising his Point of Order, Mr G K Chisanga, MP, stated that one of the Constitutional requirements for Members of Parliament is to remain in their seats throughout the tenure of Parliament without defecting to another political party. In particular, Article 72 (2) (d) and (g) provides that a Member of Parliament who resigns from a political party that sponsored the Member, or who, having been elected as an independent, joins a political party, is deemed to have vacated his or her seat.

He further indicated that it was on record that the following Members had defected to the United Party for National Development (UPND):

1. Mr M Katambo, MP;
2. Mr S Mushanga, MP;
3. Mr J Chibuye, MP;
4. Mr S Chanda, MP;
5. Mrs M Nakaponda, MP; and
6. Mr L Chibombwe, MP.

In view of the foregoing, he enquired whether the said Members had not abrogated Article 72 of the Constitution by continuing to hold office as Members of Parliament.  In my immediate response, I reserved my ruling in order to study the matter.

Further, Honourable Members, the House will recall that on Friday, 10th April, 2026, when the House was considering the Motion to adopt the Report of the Planning and Budgeting Committee on the Effectiveness of Zambia’s Extended Credit Facility and its Impact on Budget Support and Debt Sustainability, Dr C Andeleki, Member of Parliament for Katombola Constituency, raised a Point of Order based on Standing Order 139 of the National Assembly of Zambia Standing Orders, 2024.

Honourable Members, Dr C Andeleki, MP’s Point of Order arose from the provisions of Article 72 (2) (d) of the Constitution, which provides that a Member of Parliament ceases to be a Member if he or she resigns from his political party that sponsored him or her to the National Assembly and joins another political party. In that regard, he enquired whether Mr B M Mundubile, MP, Mr G K Chisanga, MP and Mr S Kampyongo, MP, were in order to continue being recognised as Members of Parliament and to enjoy the privileges of the House when, in fact, they had joined the Forum for Democracy and Development party (FDD) through the Tonse Alliance.

In her immediate response, the Honourable Madam First Deputy Speaker reserved her ruling in order to study the matter and ensure that a measured ruling was rendered, as a similar Point of Order had earlier been raised.

Lastly, Honourable Members, the House will recall that on Tuesday, 14th April, 2026, when the House was considering Question for Oral Answer No 295, and the Minister of Fisheries and Livestock had just concluded responding to a supplementary question from Mr K Mukosa, MP, Mr B Mpundu, Member of Parliament for Nkana Constituency, raised a Point of Order premised on Article 72 (2) (g) of the Constitution.

Honourable Members, Mr B Mpundu, MP, stated that Article 72 (2) (g) of the Constitution provides that-

“The office of Member of Parliament becomes vacant if the member having been elected to the National Assembly, as an Independent candidate, joins a political party.”

In view of the above Constitutional provision, Mr B Mpundu, MP, enquired whether the House was in order not to declare the seat for Luangeni Constituency vacant following Honourable M F Moyo, MP’s decision having been elected as an Independent candidate, to join the UPND party.

In her immediate response, the Honourable Madam First Deputy Speaker noted that the Point of Order was the third one of a similar nature and, accordingly reserved her ruling.

Honourable Members, I have since studied the matters raised in the three (3) Points of Order and note that they are all premised on Article 72 (2) of the Constitution. In that regard, I will render one ruling.

Honourable Members, the three (3) Points of Order raise the vacation of seat by a Member of Parliament who crosses the Floor of the House.

Honourable Members, I note that all three (3) Members of Parliament who raised the Points of Order, did not lay on the Table of the House any evidence to prove their allegations.

However, in line with Parliamentary practice and the rules of natural justice, the Office of the Clerk on Wednesday, 6th May, 2026, wrote to the following Members who were alleged to have crossed the Floor, to state their side of the story:

1. Hon M F Moyo, MP;
2. Mr M Katambo, MP;
3. Mr S Mushanga, MP;
4. Mr J Chibuye, MP;
5. Mr S Chanda, MP;
6. Mrs M Nakaponda, MP;
7. Mr L Chibombwe, MP;
8. Mr B M Mundubile, MP;
9. Mr G K Chisanga, MP; and
10. Mr S Kampyongo, MP.

Honourable Members, on Friday 8th May, 2026, the following Members of Parliament personally delivered their responses to the Office of the Clerk: 

1. Mr M Katambo, MP;
2. Mr S Mushanga, MP;
3. Mr J Chibuye, MP;
4. Mr S Chanda, MP;
5. Mrs M Nakaponda, MP; and
6. Mr L Chibombwe, MP.

In their responses, all six (6) Honourable Members that I have cited, denied having defected to the UPND.  They stated that they merely expressed interest to join the UPND.  Mr S Chanda, MP, went further in his response to indicate that in his statement dated 22nd March, 2026, he expressed his intention to join the UPND immediately after the dissolution of Parliament and was, therefore, still a Member of the Patriotic Front.

Honourable Members, having reviewed the responses from the Members who were the subject of the Point of Order raised by Mr G K Chisanga, Member of Parliament for Lukashya Constituency, and in the absence of any evidence from Mr G K Chisanga, MP, to support his Point of Order, my ruling on the Point of Order by Mr G K Chisanga, MP, is that the six (6) Members of Parliament are in order as they have not abrogated the Constitution and, therefore, should continue to execute their mandate as Members of Parliament.

Honourable Members, with regard to the Points of Order raised by Dr C Andeleki, MP and Mr B Mpundu, MP, respectively, the Office of the Clerk has to-date not received any response from Mr Brian M Mundubile, MP, Mr George K Chisanga, MP, Mr Stephen Kampyongo, MP and Honourable Moses F Moyo, MP.  Accordingly, in the absence of responses from the Members concerned, I am constrained from making a conclusion as to whether these Members who were alleged to have crossed the Floor did, in fact, do so.  The two Points of Order by Dr C Andeleki, MP and Mr B Mpundu, MP, respectively, therefore, lack merit due to lack of evidence.  As such, Honourable Moses F Moyo, MP, Mr Brian M Mundubile, MP, Mr George K Chisanga, MP and Mr Stephen Kampyongo, MP, are also in order to continue to discharge their functions in the House as Members of Parliament.

Honourable Members, I wish to inform the House that on 29th April, 2026, my office received correspondence from Mr Chanda Augustine B Katotobwe regarding his resignation from his position as Member of Parliament.  In his letter Mr C Katotobwe informed my office that in accordance with Article 72 of the Constitution, he was resigning from his position as Member of Parliament for Luapula Constituency because he had accepted the position of Presidential candidate the for the Patriots for Economic Progress (PEP) party in the 13th August, 2026 General Elections.  Subsequently, on the same day, I received further communication from Mr Katotobwe’s lawyers, J&M Advocates, confirming that the letter of resignation was duly signed by Mr Chanda Augustine B Katotobwe.  While Mr Katotobwe is not a subject of the three (3) points of order that are the subject of my ruling, his letter of resignation and confirmation by his lawyers, gives me sufficient basis upon which to act.  In this regard, necessary steps have been taken to ensure that Mr Katotobwe does not participate in the conduct of the business of the House for the remainder of this Meeting.

Hon Members, let me take this opportunity to guide the House, as I have done on numerous occasions, that where a Member wishes to raise a Point of Order founded on an allegation of fact, that Member is required to lay the necessary evidence on the Table of the House to prove the allegation. In the absence of such evidence, the Point of Order cannot be sustained.

I thank you.

Rendered on:                                                        Sunday, 10th May, 2026