RULING BY THE HON MR SPEAKER ON THE POINT OF ORDER RAISED BY HON J KAPATA, MP, MINISTER OF LANDS AND NATURAL RESOURSES, AGAINST DR C KAMBWILI, MEMBER OF PARLIAMENT FOR ROAN PARLIAMENTARY CONSTITUENCY, ON AN ALLEGATION THAT DR KAMBWILI, MP, HAD BEEN GOING TO RADIO STATIONS AND CALLING HER A THIEF WHO HAD STOLEN MONEY THROUGH THE SALE OF THE MUKULA TREE

Hon Members will recall that on Tuesday, 3rd 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, Hon J Kapata, MP, Minister of Lands and Natural Resources, raised a Point of Order alleging that Dr C Kambwili, MP, had accused her of stealing money through the sale of Mukula tree and had been calling her a thief on radio stations and in other print and electronic media.

In my immediate remarks, I reserved my ruling on the matter.  I later referred the matter to the Committee on Privileges, Absences and Support Services for consideration.

The Committee on Privileges, Absences and Support Services met to consider the matter.  In line with parliamentary practice and procedure, and in accordance with the rules of natural justice, both the Hon Minister and Dr C Kambwili, MP, appeared before the Committee to make their oral submissions on the matter.

In submitting to the Committee, the Hon Minister re-stated her complaint as contained in the Point of Order; that is, she referred to the alleged utterances of Dr Kambwili, MP, reported in the print and electronic media where he alleged that Hon Kapata, MP, was a thief.  She asked the Committee to request Dr Kambwili, MP, to provide evidence that she was a thief and demanded for an apology from Dr Kambwili, MP.

Further, Hon Kapata, MP, informed the Committee that she was in the process of commencing legal proceedings against Dr Kambwili, MP, over the matter. In that regard, she submitted that her lawyers had since written to Dr Kambwili, MP, requesting him to retract his defamatory statements against the Hon Minister within seven (7) days. She submitted that since Dr Kambwili, MP, had not responded to the letter, her lawyers would proceed to commence court action against him.

On the other hand, Dr Kambwili, MP, when asked to respond to the Hon Minister’s complaint, submitted that he would not comment on what he had said on radio stations, as he was not bound to account for what he said outside the House to the House. He added that if Hon Kapata MP was injured by what he had said, she was at liberty to seek redress in the courts of law.

The Committee deliberated on the matter and made the following findings:

(i)      That the Hon Minister’s complaint was based on statements allegedly made by Dr Kambwili, MP, against her on radio stations and in other print and electronic media;

(ii)     That Hon Kapata, MP, was in the process of commencing legal proceedings over the matter against Dr Kambwili, MP; and

(iii)    That the statements complained of were not made in the House.

In view of these findings, the Committee was in agreement that the alleged statements by Dr Kambwili, MP, against Hon Kapata, MP, were made outside the House and in the political arena. Therefore, the committee resolved that it could not dwell on the matter as it fell outside its jurisdiction. The Committee accordingly advised Hon Kapata, MP, to seek other avenues of redress available to her if she so wished.    And I uphold the decision of the Committee.

I thank you.