RULING BY THE HON MR SPEAKER ON A POINT OF ORDER RAISED BY DR C KAMBWILI, MP, AGAINST HON J KAPATA, MP, MINISTER OF LANDS AND NATURAL RESOURCES AND HON B LUSAMBO, MP, THEN MINISTER FOR COPPERBELT PROVINCE ON 3^RD OCTOBER, 2017

I order Hon Jean Kapata, MP, Minister of Lands and Natural Resources and Hon B Lusambo, MP, Minister for Lusaka Province to go and stand behind the bar of the House. I also instruct the Sergeant-At-Arms to take the Speaker’s mace and to go and stand behind the two Hon Ministers.

Hon Members will recall that on Tuesday, 3^rd October, 2017, when the House was considering Question for Oral Answer No. 41 and the Hon Member of Parliament for Bweengwa Parliamentary Constituency, Mr K Michelo, MP, was asking a follow-up Question, the Hon Member of Parliament for Roan Parliamentary Constituency, Dr C Kambwili, MP, rose on a Point of Order.

In the Point of Order, Dr C Kambwili, MP, alleged that, when he was in the foyer with Mr H Kalaba, MP, then Minister of Foreign Affairs, Dr M Imakando, Member of Parliament for Mongu Central Parliamentary Constituency and Mr R Nakachinda, National Secretary for the Movement for Multi-Party Democracy (MMD), Hon B Lusambo, MP, then Minister for Copperbelt Province, approached him and threatened to deal with him for making allegations against the Government, and then proceeded to slap him twice on his face.

He further alleged that, while he was returning to the Chamber, soon after the incident, Hon J Kapata, MP, Minister of Lands and Natural Resources, poured water on him, and hurled, at him, unprintable insults.

He, thus, sought guidance, from me, on whether or not the Hon Members were in order to attack him in that manner within the precincts of Parliament.

In my immediate response to the Point of Order, I indicated that since the incidents happened outside the Assembly Chamber, there was need for the matter to be properly investigated. Consequently, on Tuesday, 10^th October, 2017, I referred the matter to the Committee on Privileges, Absences and Support Services for investigation, especially, in light of the potentially conflicting versions of what transpired on the material day.

Hon Members may wish to note that the Point of Order raised by Dr Kambwili, MP, raises two issues:

1. First, assaulting a Member within the precincts of Parliament; and
2. Second, threatening or use of abusive language against another Member.

Hon Members, assaulting, using abusive language against or threatening another Member, within the precincts of the House, is an offence under the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia.  In addition, various discourse by eminent parliamentary practice authors condemn such conduct. Thus, the following legal provisions and works of eminent writers attest to the prohibition of assaulting, threatening, or using abusive language against another Member within the precincts of Parliament:

1.    Section 23(a) of the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, is couched in the following terms:

“23. (a) Any person shall be guilty of an offence who threatens, assaults, obstructs or insults any member or officer going to or from the precincts of the Assembly Chamber.”

2.  Section 19 (c) of the Act goes on to provide that:

“19. (c) Any person shall be guilty of an offence who causes an obstruction or disturbance within the precincts of the Assembly Chamber or during a sitting of the Assembly or of a Committee thereof.”

3.      M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016), state at page 311 as follows:

“It is a breach of privilege and contempt of the House to obstruct or molest a member while in the execution of his duties, that is while he is attending the House or when he is coming to, or going from the House. Thus, insults offered to Members on their way to or from the House have always been deemed high breaches of privilege…

“In the following instances Members and others have been punished for molesting Members –

Assaulting Members within the precincts of the House;

Using insulting or abusive language against Members within the precincts of the House…”

4.    Erskine May, in his book entitled Parliamentary Practice, 24^th Edition, (London, Lexis Nexis, 2011), states at page 262 as follows:

“Members and others have been punished for such molestation occurring within the precincts of the House, whether by assault or insulting or abusive language, or outside the precincts.”

Hon Members may furthermore wish to note that, the House had occasion to consider a similar matter in the case of Elizabeth Mulobeka-Chitika v Mumbi-Phiri (National Assembly Parliamentary Debates, 16th January-27^th March, 2009, at pages 1464-1470).  The brief facts of the case were that the two Hon Members insulted each other and fought within the precincts of Parliament. The Committee on Privileges, Absences and Support Services considered the matter and recommended that the two Hon Members of Parliament be suspended from the sittings of the House for thirty 30 days and ninety 90 days, respectively. The House upheld the decision of the Privileges Committee, and accordingly suspended the two Hon Members of Parliament from the sittings of the House for periods of 30 days and 90 days respectively.

Hon Members, in line with parliamentary practice and procedure and in accordance with the rules of natural justice, the Office of the Clerk of the National Assembly wrote to the Hon Minister of Lands and Natural Resources, Hon J Kapata, MP, and then Minister for Copperbelt Province, Hon Lusambo, MP, requesting them to state their side of the story. Furthermore, the Office of the Clerk wrote to the witnesses mentioned in the Point of Order. In addition, the Office of the Clerk received reports from the Parliamentary Security Officers who were present at the time the alleged incidents occurred. Furthermore, all the people mentioned in the reports of the security officers and responses by witnesses were written to and requested to give an account of what transpired on the material day. The parties concerned, as well as the witnesses, appeared before the Committee to speak to their written submissions.

The House may wish to note that of the ten witnesses that appeared before the Committee, seven confirmed seeing Hon J Kapata, MP, pour water on Dr C Kambwili, MP, while two confirmed seeing Hon Lusambo slap Dr C Kambwili, MP. Additionally, four said that they saw Hon. Lusambo, MP, poke his finger at Dr C Kambwili, MP. 

The Findings of the Committee, as well as its recommendations, are as follows:

1. Point of Order raised by Dr C Kambwili, MP, against Hon B Lusambo, MP, then Minister for Copperbelt Province.

After considering the testimony of the various witnesses, and the Respondent, Hon Lusambo, MP, the Committee found that Hon Lusambo, MP, did, in fact, slap Dr Kambwili, MP, as alleged. The Committee also observed that during its deliberations, Hon Lusambo, MP, behaved with utmost disrespect to the complainant and the Committee. And showed no remorse for his actions. The Committee arrived at the conclusion that Hon Lusambo, MP’s, conduct was unparliamentary and not befitting of an honourable Member and Minister. And was in breach of sections 19 (c) and 23 (a) of the National Assembly (Powers and Privileges) Act.

On the basis of the authorities cited, and having regard to the precedent set in the case of Mrs Mumbi Phiri, MP and Mrs Elizabeth Chitika, MP, the Committee resolved that Hon Lusambo, MP, be suspended from the service of the House for the maximum period of thirty (30) days.

I now turn to address Hon Lusambo, MP.

Your conduct of assaulting a fellow member, within the precincts of Parliament, is unbefitting the conduct expected of a Member of Parliament and more so a Minister.  This is a House of honour, decorum and dignity and I am duty bound to ensure that the honour, decorum and dignity of the House is protected and preserved at all times.  I wish to state that I will not tolerate indiscipline and misconduct from you or, indeed, any other Member. I request you to reflect on your conduct more so as a Minister and I truly trust that you will change and conduct yourself in a manner befitting an Honourable Member and Minister.

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 Hon Lusambo, MP, for a period of thirty (30) days with effect from today, 20^th March, 2018.

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

Of the contrary say ‘No’;

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

Hon Lusambo, MP, before you take the walk of shame through the main entrance door of the Assembly Chamber, 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 activity of the Assembly or any committee that you are assigned in, in your capacity as Member of Parliament; and
3. be paid a salary or allowance that you are entitled to as a Member.

I now order you, Hon Lusambo, MP, to take the walk of shame and leave the Chamber through the Main Entrance of the Chamber, on thirty (30) days suspension with effect from today, 20^th March to 18^th April, 2018.

2.   Point of Order raised by Dr C Kambwili, MP, against Hon J Kapata, MP, Minister of Lands and Natural Resources

Hon Members, after considering the testimony of the various witnesses and the Respondent, Hon Kapata, MP, the Committee found that Hon J Kapata, MP, did, in fact, pour water on Dr C Kambwili, MP, as alleged. The Committee also noted that Hon J Kapata, MP, behaved with utmost disrespect to the complainant and the Committee while submitting before the Committee. She, however, admitted to pouring water on Dr C Kambwili, MP.

Hon Members, before the Committee could mete out the appropriate sanction against Hon Kapata, MP, the parties wrote to the Committee notifying it that they had reconciled, and that Dr C Kambwili had withdrawn his complaint against Hon Kapata. In the light of this, the Committee found that there was no complaint before it as regards Dr C Kambwili, MP, and Hon J Kapata, MP. The Committee, in this regard, resolved to close the matter and counsel the parties.  

Hon Members, I have taken note of the recommendation of the Committee and the considerations it took into account in arriving at its decision.  However, I have not been persuaded to uphold their recommendation. This is because Hon J Kapata, MP’s conduct of pouring water on Dr C Kambwili, MP, and hurling unprintable insults at him, within the precincts of Parliament, was not only a violation of Dr C Kambwili’s rights, as a member, but also a violation of sections 19 (c) and 23 (a) of the National Assembly (Powers and Privileges) Act. Hon Members, to put it plainly, assaulting and using abusive language against a Member is a grave offence, not only against a member, but the House as a whole, whose decorum and dignity, I am under a solemn duty to safeguard.

As a matter of fact, this House set a precedent on this matter in the case of Mrs R Musokotwane against Hon M L Kaingu (National Assembly Parliamentary Debates, 16th January-27^th March, 2009, at pages 3107-3112). In the Musokotwane case, Mrs R Musokotwane, then Member of Parliament for Katombola Constituency, raised a complaint against Hon M L Kaingu, then Minister of Community Development, for making a false accusation against her on the Floor of the House. The matter was referred to the Committee on Privileges, Absences and Support Services and when the parties appeared before the Committee, Hon M L Kaingu apologised, profusely, to Mrs R Musokotwane for his statement and she accepted his apology. In deciding on the matter, the Committee considered Hon Kaingu’s apology and Mrs Musokotwane’s acceptance of the apology and resolved as follows:

1. The Committee accepted the apology by Hon M L Kaingu, MP, to Mrs R Musokotwane, MP, and commended the courage and honour with which the Hon Minister conducted himself before the Committee;

1. The Committee resolved that the House be informed of Hon M L Kaingu, MP’s apology so as to correct the parliamentary record; and

1. The Committee, in considering that there is a duty on every member not to mislead the House or table before it any incorrect information, resolved that the Hon Minister of Community Development and Social Services be admonished and be ordered to apologise before the House.

In addressing Hon M L Kaingu, when rendering the ruling, my predecessor said, inter alia, at pages 3111 to 3112 as follows:

“I wish to inform you that your apology to the Hon Member for Katombola Parliamentary Constituency, Mrs R Musokotwane, MP, has been accepted both by her and the Committee. However, as an hon Member of the House, you have the duty to ensure that the information you provide to this House is factual. Your action of misleading the House and the public amounted to breach of privilege and contempt of the House. In line with the Committee’s decision to be lenient in their punishment against you, because of the manner in which you handled the issue, you are hereby admonished for submitting incorrect information to the House.”

Hon Members, evidently, in arriving at its decision, the Committee took into account the fact that the offence committed by Hon M L Kaingu, beyond being an offence against Mrs R Musokotwane, was an offence against the Assembly. The fact that the Hon Minister had apologised to Mrs R Musokotwane and she had accepted the apology did not absolve him of blame for breaching the rules of the House. Rather, it merely gave the Committee reason to exercise leniency when deciding what punishment to mete out to him.

Hon Members, as you are well aware, the current incident received wide publicity in both the print and electronic media. Therefore, the conduct of the two Members brought the dignity and integrity of the House into public disrepute and odium. In this regard, it is imperative that this House demonstrates that it cannot and will not condone such conduct from a Member. Additionally, I am of the considered opinion that failure to mete out punishment on Hon Kapata, MP, on the ground that she reconciled with the victim Dr C Kambwili, MP, will set a very bad precedent and lead to Members breaching the rules of the House and resorting to reconciliation in order to escape punishment. This can result in the discipline in the House and among Members being compromised. Therefore, the reconciliation can only act as a mitigating factor, and not serve to exculpate the culpable Member.

Therefore, pursuant to section 28 of the National Assembly (Powers and Privileges) Act, which grants me power to punish a Member found guilty of a contempt of the Assembly, and considering the gravity of the offence, namely pouring water on Dr C Kambwili, MP, and hurling unprintable insults at him, I have decided that Hon J Kapata, MP, be suspended from the service of the National Assembly for a period of seven (7) days.

I now turn to address Hon Kapata, MP.

Hon Kapata, MP, your conduct of pouring water on, and hurling unprintable insults at a fellow member, within the precincts of Parliament, is unbefitting the conduct of a Member of Parliament and moreover a Cabinet Minister.  Further, as a senior member of this August House, you ought to know that this is a House of honour, decorum and dignity, and, as such, your conduct ought to be exemplary and above reproach. Ordinarily, your conduct would have attracted a more severe punishment, but due to the fact that you have reflected on your behaviour and reconciled with your victim, I have elected to exercise leniency on you.  I wish to reiterate that I will not tolerate gross indiscipline and misconduct from any Member of this House. The honour, decorum and dignity of the House must be protected and preserved at all times. I do trust that you will reflect seriously on your conduct and, in future, desist from conduct unbefitting a Member and moreover a Cabinet Minister.

Thus, 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 Hon J Kapata, MP, for a period of seven (7) days with effect from today, 20^th March, 2018.

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

Of the contrary say ‘No’;

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

Hon Kapata, 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 any activity of the Assembly or any Committee that you are assigned in, in your capacity as Member of Parliament; and
3. be paid a salary or allowance that you are entitled to as a Member.

I now order you, Hon J Kapata, MP, to take the walk of shame and leave the Chamber through the Main Entrance of the Chamber, on seven (7) days suspension, with effect from today 20^th March to 26^th March, 2018.

I thank you.