Ruling by the Hon Mr Speaker on a Point of Order raised by Mr P M W Daka, MP for Msanzala against Mr B Kambita, MP for Zambezi East

RULING BY THE HON MR SPEAKER ON A POINT OF ORDER RAISED ON TUESDAY, 10TH MARCH, 2020, BY MR P M W DAKA, MEMBER OF PARLIAMENT FOR MSANZALA PARLIAMENTARY CONSTITUENCY AGAINST MR B KAMBITA, MEMBER OF PARLIAMENT FOR ZAMBEZI EAST PARLIAMENTARY CONSTITUENCY, ON WHETHER HE WAS IN ORDER TO BRING ISSUES UNDER CONSIDERATION BY A COMMITTEE ON WHICH HE SITS, INTO THE HOUSE BEFORE ITS REPORT IS BROUGHT TO THE HOUSE

Hon Members will recall that on Tuesday, 10th March, 2020, when the House was debating the Motion of Thanks on the President’s Address on the Implementation of National Values and Principles, and Mr B Kambita, Member of Parliament for Zambezi East Constituency was on the floor, Mr P M W Daka, Member of Parliament for Msanzala Constituency raised the following Point of Order:
“Madam Speaker, is the Hon Member on the Floor, who is a member of the Committee that is currently looking into the Tanzania Zambia Railways (TAZARA) issues, in order to bring issues here that are being considered by it before its report is brought to this House? I need your serious ruling.”

Hon Members, in her immediate response, the Hon Madam First Deputy Speaker reserved the ruling in order to allow for a study of the matter, so as to enable an informed ruling to be rendered. The matter has since been studied, and I will now render the ruling.

Hon Members, the Point of Order raises the issue of a Member divulging a matter under consideration by a committee, on which he or she is a Member, before the report of the Committee is tabled. 

The National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia prohibits Members of Parliament from disclosing information submitted to the Assembly before it has been laid on the table of the House.  In this regard, section 25 (c) of the Act provides as follows:

“25 (c) Any person who publishes, save by general or special leave of the Assembly, any paper, report or other document prepared expressly for submission to the Assembly before the same has been laid on the Table of the Assembly shall be guilty of an offence.”

In addition, Chapter Ten of the National Assembly Members’ Handbook, 2006, at page 51 in paragraph “o” provides as follows:

“All Committee reports are confidential until the Report is tabled.”

Further, Hon Members, the renowned authors on parliamentary practice and procedure, S L Shakdher and M N Kaul, in their book entitled: Practice and Procedure of Parliament, Seventh Edition, (New Delhi, Lok Sabha, 2016) state at page 308 as follows:

“It is a breach of privilege and contempt of the House to publish any part of the proceedings or evidence given before, or any document presented to a Parliamentary Committee before such proceedings, or evidence or documents have been reported to the House.”

Furthermore, Erskine May, in his book entitled Parliamentary Practice, Twenty-Third Edition, at page 139 states the following:

“ As early as the mid-seventeenth century it was declared to be against the custom of Parliament for any act done at a committee to be divulged before being reported to the House.”

Hon Members will further recall that on 20th February, 2018, a Point of Order was raised by Mr G G Nkombo, Member of Parliament for Mazabuka Central Constituency, against Dr J Chanda, Member of Parliament for Bwana Mkubwa Constituency.  Mr Nkombo, MP, asked in his Point of Order whether or not Dr Chanda, MP, who was a member of the Committee that was considering the National Health Insurance Bill, was in order to publicly campaign for the support of the Bill, when he knew very well that the proceedings of the Committee were supposed to be confidential, until the Committee had tabled its report on the Bill in the House. 

In that event, Dr J Chanda, MP, publicly addressed the Patriotic Front Interactive Forum on the National Health Insurance Bill, which was being considered by the Committee on Health, Community Development and Social Services. 

In addition, to the Point of Order raised by Mr G G Nkombo, MP, my office also received a letter of complaint from the Zambia Federation of Employers (ZFE) expressing their shock that soon after it made its submission to the Committee considering the Bill, Dr Chanda, MP, went to the media to campaign for the Bill before its report was tabled in the House.  And, yet, he was a member of the Committee that was considering the Bill. 

Hon Members will recall that, I found Dr Chanda, MP, in breach of parliamentary privilege and in contempt of the House. Further, I indicated that while his conduct was an offence under section 25 (c) of the Act and a serious breach of the rules of the House, I recognised the fact that Dr J Chanda, MP, was a first offender. In that regard I therefore, elected to exercise leniency, and accordingly, admonished him in terms of section 28 (1) (b) of the National Assembly (Powers and Privileges) Act. 

Hon Members, the foregoing authorities clearly establish that prior to a committee report being tabled in the House, a Member should not divulge information on matters under consideration by a committee that a Member receives or is exposed to, by virtue of being a member of the Committee or indeed, comment publicly on the matter without obtaining permission from the House.  

Hon Members, the debate by Mr Kambita, MP, that gave rise to the Point of Order was in the following terms:

“ Madam Speaker, coming to human dignity, equity, justice and equality, honestly speaking, the case of the Tanzania Zambia Railways (TAZARA) workers and many other parastatals is an example of how the dignity of individuals working for such institutions has been impaired. These people have salary arrears as far back as four months…” 

Hon Members, investigations by my office reveal that Mr Kambita, MP, is a member of the Committee on Parastatal Bodies that was, at the material time, considering the 2017 and 2018 Annual Reports for Tanzania Zambia Railways (TAZARA). One of the documents submitted to the Committee, at its request, was a Memorandum on Annual Reports Examinations from Alliance of Crews and Workers’ Union of Zambia and Workers Union of TAZARA. These Unions were specifically requested to submit on, inter alia, employee welfare vis-à-vis payment of salaries, terminal benefits, and payment of statutory obligations. Clause 2.1 of the Memorandum, reads at page 2 in part, as follows: 

“ 2.1 Salary Payments 

TAZARA has been struggling to pay salaries for a long time and is currently in salary arrears of 4 months in the Zambian Region…” 

Hon Members, the statement that TAZARA employees had not been paid their salaries for four months is the exact information that was submitted to the Committee by the two TAZARA workers’ unions. The investigations also established that the two Unions interacted with the Committee on Parastatal Bodies on Tuesday, 10th March, 2020.  And in the afternoon of the same day, Mr Kambita, MP, divulged the same information to the House in his debate. 

In view of the foregoing, Mr B Kambita, MP, divulged or published information that he received by virtue of being a member of the Committee on Parastal Bodies, before the Committee reported the subject matter to this August House. 

Hon Members, I therefore, find Mr B Kambita, MP, in breach of parliamentary privilege and in contempt of the House.  However, I take cognisance of the fact that Mr B Kambita, MP, is a first offender and a relatively new Member in the House, and, therefore, I have decided to exercise leniency and elected to admonish him in accordance with section 28 (1) (b) of National Assembly (Powers and Privileges) Act. 

I now order you, Mr B Kambita, MP, to stand by your seat.
Mr B Kambita, MP, your conduct of divulging or publishing information on the affairs of TAZARA, a matter that was under consideration by the Committee on Parastatal Bodies, of which you are a member, and before the information was reported to the House, is a breach of parliamentary privilege and contempt of the House.  As a member of the Committee that was considering the affairs of TAZARA, you had full knowledge of the stakeholders’ and Committee’s sentiments on the matter. It was, therefore, utterly inappropriate for you to use the information obtained by you, in your debate, before the information was reported to the House. The House is, in this regard, extremely displeased with your conduct.  It is expected that, in future, you will abide by the rules of this House, and avoid such conduct.  A repetition of such conduct will, in future attract a stiffer penalty.

I THANK YOU

Ruling Date: 
Friday, July 3, 2020