RULING BY THE HON MR SPEAKER ON THE POINT OF ORDER RAISED BY HON T S NGULUBE, MP, DEPUTY CHIEF WHIP AND MEMBER OF PARLIAMENT FOR KABWE CENTRAL PARLIAMENTARY CONSTITUENCY, AGAINST THE MEMBERS OF THE UNITED PARTY FOR NATIONAL DEVELOPMENT WHO ATTENDED THE NATIONAL DIALOGUE FORUM AND THE THREE MEMBERS OF THE SELECT COMMITTEE APPOINTED TO SCRUTINISE THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL NO 10 OF 2019, WHO WALKED OUT OF THE HOUSE WHEN THE REPORT OF THE COMMITTEE WAS SUPPOSED TO BE TABLED IN THE HOUSE.

 

Hon Members will recall that on Wednesday, 4th December, 2019, when the House had resolved into Committee of Supply and was debating Head 52 - Ministry of Water Development, Sanitation Environmental Protection, and Mr G K Mwamba, Member of Parliament for Lubansenshi Parliamentary Constituency, was on the Floor, Mr T S Ngulube, Deputy Chief Whip and Member of Parliament for Kabwe Central Parliamentary Constituency, raised a Point of Order.  An excerpt of the Point of Order is in the following terms.

“Thank you, Sir, for allowing me to rise on this very important point of order affecting the affairs of this nation.

 

The people of Zambia are aware that there is a very important process that this House is mandated to undertake, and that is to approve the Constitution of Zambia (Amendment) Bill, No. 10.

 

Mr Chairperson, we are aware that more than sixteen United Party for National Development (UPND) Members of Parliament participated at the National Dialogue Forum (NDF) and earned allowances at the expense of the people of Zambia.

 

As a House we are elected to pass laws.  Sir, throughout the process, these sixteen Members of Parliament earned allowances, some for more than twelve days and others seventeen days.  We believe that the people of Zambia elected all of us in this House to pass laws and not to do politics.

 

Sir, when the Committee was appointed to scrutinise the Bill that came from NDF, again, five Members of the Opposition UPND, sat on that Committee and earned allowances.

Mr Chairperson, we are aware that if an individual is a Member of a committee, they cannot vote against their own Bill.

 

They cannot walk out or even protest against their own Bill.

 

Sir, are the following Hon Members of Parliament in order not to refund the people of Zambia the money they earned on the pretext that they were helping the Government or the people of Zambia to pass the Constitution?

 

Mr Chairperson, were the following Hon Members in order to have walked out of Parliament yesterday when their report was supposed to be tabled:

 

1. Mr B. Kambita, MP;

 

2. Dr C. K. Kalila, MP; and

 

3. Mr S. K. Kakubo, MP.

 

There were actually five, but Hon. Kasonso and Hon. Professor Lungwangwa decided to do the correct thing by sitting in the House while three of them decided to go against the Standing Orders. These were Members of the Select Committee.  Were they in order?

 

I will now read the list of the Members of Parliament that participated at NDF to come up with the Constitution of Zambia (Amendment) Bill No. 10.  These are as follows:

 

1. Mr R. Bulaya, MP;

 

2. Mr L. Fungulwe, MP;

 

3. Mr S. Kakubo, MP;

 

4. Dr C. Kalila, MP;

 

5. Ms C. C. Kasanda, MP;

 

6. Mr J. Kasonso, MP, who did not walk out yesterday;

 

7. Ms P. Kucheka, MP;

 

8. Mr D. M. Kundoti, MP;

 

9. Mr R. Lihefu, MP;

 

10. Mr V. Lumayi, MP;

11. Mr M. Mubika, MP;

 

12. Mr M. Mukumbuta, MP;

 

13. Ms S. Mulyata, MP;

 

14. Mr S. Mutaba, MP;

 

15. Mr C. Nanjuwa, MP; and

 

16. Mr M. Ndalamei, MP.”

 

Hon Members, in his immediate response, the Second Deputy Speaker, Hon Mwimba Malama, MP, sitting as Chairperson of the Committee of Supply, reserved his ruling to enable an investigation of the matter to be conducted.  I have since studied the matter, and will now render my ruling.

 

Hon Members, the Point of Order by Mr T S Ngulube, MP, raises the following issues:

 

(i) whether Members of the United Party for National Development (UPND) who were part of the National Dialogue Forum(NDF) were in order not to refund the Government the money they earned as a result of their participation at the NDF; and

(ii) whether it was in order, for the three (3) members of the Committee tasked to consider the Constitution of Zambia (Amendment) Bill No 10 of 2019, to walk out of the Assembly, when the report was supposed to be Tabled in the House. 

 

Hon Members, I will address the above matters seriatim. 

 

(i) Whether Members of the UPND who were part of the NDF are in order not to refund the Government the money which they earned as a result of their participation at the NDF

 

Hon Members may recall that this House passed the National Dialogue (Constitution, Electoral Process, Public Order and Political Parties) Act No 1 of 2019.  The Act established the National Dialogue Forum, whose mandate was to amend the Constitution, and reform the law relating to the electoral process, public order and the regulation of political parties.

 

Hon Members, section 5 of the Act provided for the composition of the Forum to include all Members of Parliament; among others.  The Act also prescribed members’ expenses relating to the Forum. For avoidance of doubt, section 15 of the Act provided as follows:

 

 “15. The institutions which the members or members of a committee of the Forum represent are responsible for the payment of all allowances, other emoluments and any other costs of their representatives in the Forum, where the institution determines that allowances, other emoluments or any other costs are payable in relation to their representatives.”

 

In this regard, the National Assembly was responsible for the payment of Members’ allowances.  I wish to confirm that all the members mentioned in Hon T S Ngulube, MP’s, Point of Order except, Dr C K Kalila, MP, attended the NDF.

 

Hon Members, as to whether Members of the UPND who attended the NDF should refund the Government the money which they earned as a result of their attendance, you may wish to note that the basis of paying Members was their attendance at the NDF as provided by law.  In this vein, there is therefore no basis upon which UPND Members who attended the NDF should refund the money, because they walked out when the motion to restore the Constitution of Zambia (Amendment) Bill No. 10 of 2019 was being considered.

 

(ii) Whether it was in order, for the three (3) members of the Committee tasked to consider the Constitution of Zambia (Amendment) Bill No 10 of 2019 to walk out of the Assembly when the report was supposed to be tabled in the House 

 

Hon Members, from the outset let me state that the question that was before the House on the material day and time was whether the Constitution of Zambia (Amendment) Bill No 10 of 2019, which lapsed as a result of the prorogation of the National Assembly on 2nd August, 2019, could be restored on the Order Paper.

 

In this regard, contrary to Hon T S Ngulube’s assertion, in his Point of Order, the House was not considering the report of the Parliamentary Committee appointed to scrutinise the Bill. Thus, the question whether or not it was in order for the members to vote against their report by walking out did not even arise. 

 

As regards a member walking out of the House, I have previously ruled, on diverse occasions, that a boycott or walk out is a conventional means through which a Member of Parliament can express his or her displeasure on an issue affecting the House or the governance of the country. 

 

Hon Members, in view of the foregoing, the Members of the UPND who walked out when the House was considering the Motion to restore the Constitution of Zambia (Amendment) Bill No 10 of 2019, on the Order Paper were, albeit inexplicably so, expressing their displeasure or disagreement to the restoration of the Bill on the Order Paper. Therefore, the three (3) Members of the Select Committee who walked out during the consideration of the Motion to restore the Bill on the Order Paper were not out of order. 

 

I THANK YOU.