Wednesday, 2nd March, 2016

Printer Friendly and PDF


  1. Ruling by Mr Speaker, - Mr Speaker reminded the House that on Friday, 4th 

December, 2015, when the House was considering Question for Oral Answer No. 214 and the Member of Parliament for Kasempa, Mr K J Pande, MP, was asking a Supplementary Question, Mr J J Mwiimbu, Member of Parliament for Monze Central raised a Point of Order, as to whether the Minister of Information and Broadcasting, Hon C Kambwili, MP, was in order to cast aspersions on the character of the Hon Member of Parliament for Mazabuka Central, Mr G G Nkombo, MP.  This was in relation to the serious tribal statements allegedly made by the Hon Minister of Information and Broadcasting outside the House and three other Members of Patriotic Front Party that were aired by Radio Phoenix.

Mr Speaker informed the House that in his immediate response, he had reserved ruling to enable him study the matter.

Before rendering the ruling, Mr Speaker stated that the Point of Order raised the issue of breach of privileges of the Assembly, and in particular, the breach of a Member’s freedom of speech and debate in the Assembly. 

Mr Speaker having reviewed various authorities on the matter, including the Constitution of Zambia, Chapter 1 of the Laws of Zambia, and the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, stated that Members enjoyed the privilege of freedom of speech and debate in the Assembly in order to enable them speak without being inhibited in anyway, in furtherance of national interest and aspirations of their constituents.

Mr Speaker informed the House that he had established that the Hon Minister did indeed make reference to the debate of Mr G G Nkombo, MP, in the House on Tuesday, 1st December 2015 and that he had labeled Mr Nkombo, MP, as tribal for stating that the people of Southern Province would not vote for the PF in 2016 because it had not delivered development to the Province 

Mr Speaker stated that the Hon Minister, as a Member of the House, had the opportunity to raise any issues he had on the debate of Mr Nkombo, MP, in the House, by way of a Point of Order or other avenues available to Members under the Rules of the House instead of reacting to the Member’s debate outside the House. 

Mr Speaker then ruled that the Hon Minister, by labelling Hon Nkombo, MP, tribal, when the Hon Member was merely exercising his right to speak and debate freely in the House, did cast aspersions on the Hon Member’s character, and was, therefore, out of order.

Mr Speaker then informed the House with regard to the alleged statements by three PF party members aired by Radio Phoenix, that he was unable to establish the veracity of the allegation because Radio Phoenix denied ever airing a programme that featured the named PF members.

Mr Speaker guided the House that although members of the public had the right to make comments on the deliberations statements and decisions of the House, and that right was specifically guaranteed under Article 88 (2) of the Constitution, the right was not absolute as the public should not comment in a manner that was considered contemptuous or infringed on the right of Members to speak. In this regard, he urged Hon Members and the public in general, to exercise circumspection when commenting on the proceedings of the House in order to avoid making statements that may infringe or violate the freedom of speech and debate enjoyed by the House and its Members. 

  1. Ministerial Statement, - The Minister of Home Affairs made a statement on the 

alleged curfew in Choma and on the alleged training of militias in Lusaka following a Points of Order raised by the Member of Parliament for Choma Parliamentary Constituency, Mr C Mweetwa, MP and the Hon Member of Parliament for Kapiri Mposhi Constituency, Mr E Musonda, MP, respectively, on Tuesday, 1st March, 2016.

The Minister dispelled assertions on the imposition of a curfew in Choma and briefed the House on the status of the investigations into the alleged training of the militias in Lusaka.

  1. Ministerial Statement, - The Minister of Energy and Water Development made a 

statement on the rehabilitation of the Kariba Dam and apprised the House on the status of the programme.

  1. The House considered Questions for Oral Answer Nos. 337 – 338.
  2. Disburse the 2015 Constituency Development Fund, - Motion Made and Question 

Proposed, That this House urges the Government to disburse the 2015 Constituency Development Fund appropriated in December, 2014. – (Dr Musokotwane, MP)
Debate arising:

Question put and negatived.

  1. Report of the Parliamentary Select Committee, - Resolved, That this House do 

adopt the Report of the Parliamentary Select Committee appointed to scruitinise the Presidential appointment of Hon Mr Justice Martin Musaluke, Hon Mr Justice Egispo Mwansa, Hon Mr Justice Mathew Kasonde Chisunka, Hon Mr Justice Edward Luputa Musona and Hon Mr Justice Derrick Mulenga to serve as High Court Judges, for the Fifth Session of the Eleventh National Assembly, laid on the Table of the House on 29th February, 2016.- (Mr Chipungu, MP)

  1. The Layout-Design of Integrated Circuits Bill, N.A.B 1/2016, read the third time 

        and passed.

And, there being no further business, the debate stood adjourned.

        Debate to be resumed tomorrow.

8.    Adjournment, - Resolved, That the House do now adjourn. - (The Vice President)

        The House adjourned accordingly at 1800 hours.


Patrick Matibini, SC


Mr Speaker will take the Chair at 1430 hours tomorrow.