RULING BY THE HON MR SPEAKER ON THE COMPLAINTS BY DR C K KALILA, MEMBER OF PARLIAMENT FOR LUKULU EAST PARLIAMENTARY CONSTITUENCY AND MR M NDALAMEI, MEMBER OF PARLIAMENT FOR SIKONGO PARLIAMENTARY CONSTITUENCY, AGAINST HON T S NGULUBE, MP, DEPUTY GOVERNMENT CHIEF WHIP FOR ALLEGING, ON THE FLOOR OF THE HOUSE, THAT THE DUO ATTENDED THE NATIONAL DIALOGUE FORUM AND WERE PAID SITTING ALLOWANCES FOR THEIR ATTENDANCE, WHEN IN FACT NOT

 

Hon Members, I wish to bring to the attention of the House the fact that on Wednesday, 4th and Thursday, 5th December, 2019, my office received two letters of complaint from Dr C K Kalila, Member of Parliament for Lukulu East Parliamentary Constituency and Mr M Ndalamei, Member of Parliament for Sikongo Parliamentary Constituency, respectively, against Hon T S Ngulube, Deputy Government Chief Whip, and Member of Parliament for Kabwe Central Parliamentary Constituency. The letters of complaint were expressed in the following terms:

 

 

(i) Complaint by Dr C K Kalila, MP

 

RE: COMPLAINT AGAINST HON MR TUTWA NGULUBE, MP 

 

I write to register a complaint against the Hon Member of Parliament for Kabwe Central Constituency, Mr Tutwa Ngulube who is also the Deputy Chief Whip. Hon Ngulube made false and malicious remarks against me on the floor of the House on Wednesday 4th December, 2019.

 

Mr Speaker, when the House was considering the vote for The Ministry of Water, Sanitation and Environmental Protection, Mr Ngulube rose on a point of order and alleged that I was one of the Members who attended the National Dialogue Forum for which I was even paid, and he questioned whether I was in order to walk out during the consideration of the motion to restore the Constitution Amendment N.A.B. Bill 10 on the order paper. He further questioned whether such money will be refunded because in his view it was wrong. He went further to lay on the table of the House a list of Members of Parliament who attended the National Dialogue Forum, and the Parliamentary Select Committee.  With regard to the Parliamentary Select Committee to scrutinise N.A.B. Bill 10, I can confirm that I attended as selected by Mr Speaker in line with legislative authority of Parliament and records show.

 

Mr Speaker, the implication of Mr. Ngulube’s point of order is that I am a dishonest Member of Parliament. I wish to state, however, that I never attended any session of the National Dialogue Forum and, therefore, could not have received any money at all. Records at both the Ministry of Justice, who were conveners of the Forum, and the National Assembly, who were responsible for paying the respective Members of Parliament, will show that I never attended and was not paid any money. In any case, I could not have attended the said National Dialogue Forum as I was ill at the material time and informed the Clerk of the National Assembly in writing.

 

Therefore, I was deeply shocked and saddened as I listened to Mr Ngulube making unfounded and malicious remarks which questioned my integrity and honesty to the entire nation since he was live on Parliament Television and Radio. Following Mr Ngulube’s damaging accusations, I have received calls from various people especially my constituents and my professional colleagues seeking clarification and questioning my integrity and judgment. In addition, as a National Management Committee member of the UPND, a Party to which I belong, Mr. Ngulube’s false remarks against me has cast me in bad taste with my colleagues in the Party. Many party members now believe that I am a treacherous individual who got [money] under false pretences and is not worth of the UPND ideals.

 

Mr Speaker, all my life I have endeavored to be an upright man and have, therefore, been greatly injured by Mr Ngulube’s unfounded accusations against me on the Floor of the House. In this regard, I demand from Mr Ngulube, through your office, restitution on the Floor of the House publicly to me for the injustice occasioned upon my persona. Further, I request that my name be expunged from the records which was laid on the table by Mr Ngulube and that he should be disciplined for making false and misleading accusations against a fellow Member, especially that he is a lawyer and Deputy Chief Whip of the National Assembly of Zambia who should understand the importance of bringing facts on the Floor of the House in line with our Standing Orders. He, thus, needs to prove his allegations, including records of attendance and Accounts Department showing how much and when I was paid. Mr Speaker, I pray that the reliefs that I herein seek will be granted.

 

I thank you Mr Speaker.

 

Yours Sincerely

 

Hon Dr Christopher Kalila Kalila, MP

LUKULU EAST CONSTITUENCY

 

 

(ii) Complaint by Mr M Ndalamei, MP

 

RE COMPLAINT AGAINST HON T S NGULUBE, MP DEPUTY CHIEF WHIP

 

Sir, on Tuesday, 4th December, 2019, during the debate on the vote for the Ministry of Water Development, Sanitation and Environmental Protection, Mr Ngulube, MP, stood on a Point of Order to which he stated that I attended the National Dialogue Forum and should refund the money which he alleges I was paid as allowances for attendance.

 

Mr Speaker, I would like to state that at no time did I attend any session of the National Dialogue Forum nor did I receive any money for such meetings that I didn’t attend.

 

In this regard, Mr T S Ngulube, MP, misled the House and the nation by making such false allegations against me. Not only was his statement untrue, but it portrayed me as a dishonest Member of Parliament in the eyes of my colleagues and members of the public, especially my constituents.

 

In light of the above, I am seeking, through your office, to have Mr Ngulube, MP, reprimanded and to apologise to me and the nation at large. Mr Speaker, the NDF kept an attendance register and records of payment which was being done by this Parliament clearly showing that I never attended the National Dialogue Forum (NDF) nor did I get any money.

 

Your quick action will be highly appreciated.

 

Yours faithfully

 

 

Hon Mundia Ndalamei, MP

SIKONGO CONSTITUENCY

 

Hon Members, the two complaints arose from Hon T S Ngulube ’s Point of Order of Wednesday, 4th December, 2019. In the Point of Order, Hon T S Ngulube alleged that Dr C K Kalila, MP, and Mr M Ndalamei, MP, had attended the National Dialogue Forum (NDF) and received allowances but opted to walk out when the House was considering the Motion to restore the Constitution of Zambia (Amendment) Bill No 10 of 2019 on the Order Paper. The relevant portion of his debate is as follows:

 

“ 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 the approving of 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... 

 

I will now read the list of the Members of Parliament that participated at NDF to come up with the Constitution (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.

 

Sir, are these 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….”

 

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 Hon T S Ngulube, MP, requesting him to state his side of the story on the complaints. 

 

His letter of response reads as follows:

 

“Dear Madam

 

“RE: COMPLAINT BY DR C KALILA, MP AND MR M NDALAMEI, MP

 

The above matter refers.

 

I have had sight of the complaint against me by the two Members of Parliament and have also perused my records for NDF and Select Committee. I have realised that the two Members of Parliament were accidentally included on the list of those that attended the NDF. 

 

You may wish to know that upon realising the said mistake, I immediately notified both Dr C Kalila, MP, and Mr M Ndalamei, MP, and I have since apologised to them.

 

I thank you

 

Hon T S Ngulube

DEPUTY CHIEF WHIP

 

In this vein, the identical apology letters from Hon T S Ngulube, MP, to Dr C K Kalila, MP, and Mr M Ndalamei, MP, are expressed in the following terms:

 

RE: YOUR COMPLAINT OVER MY POINT OF ORDER 

The above matter refers.

 

I wish to reiterate my earlier intimation to you that your names were erroneously mentioned on the list of Members of Parliament that attended the National Dialogue Forum. I wish to sincerely apologise for the inconvenience caused. 

 

Yours faithfully

 

Tutwa Ngulube, MP

DEPUTY CHIEF WHIP

 

Hon Members, the complaints by Dr C K Kalila, MP, and Mr M Ndalamei, MP, raise the following issues:

 

(i) a Member’s duty to ensure that the information he or she provides to the House, when debating, is factual verifiable and substantiated; and

 

(ii) a Member making allegations imputing a motive to, or questioning the character or reputation of, another Member. 

 

Hon Members, I will address the above issues seriatim.

 

1. A Member’s duty to ensure that the information he or she provides to the House, when debating, is factual and verifiable

 

Hon Members may wish to note that Members’ freedom of speech and debate in the House is recognised and protected by the Constitution, Cap 1 of the Laws of Zambia, and the National Assembly (Powers and Privileges) Act, Cap 12 of the Laws of Zambia.

 

However, although the Constitution and the National Assembly (Powers and Privileges) Act, guarantee Members freedom of speech and debate in the Assembly, such freedom is subject to the rules of the House.  One such rule requires that information a Member provides to the House, should be factual, verifiable and substantiated.  In this regard, Standing Order 53 (1) of the National Assembly of Zambia Standing Orders, 2016 states:

 

“53 (1) A member shall, in debating any matter, ensure that the information he or she provides to the House is factual and verifiable.” 

 

Further, Chapter 3 of the National Assembly Members’ Handbook 2006 on “Rules of Debate” states at page 13 as follows:

 

“Members must not allege specific matters of fact as being true, unless they are able to substantiate them.”

 

Furthermore, 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 244, as follows:

 

“The right to freedom of speech in the House is circumscribed by the constitutional provisions, and the Rules which also guard against making of unwarranted allegations against a person.”

 

2. Members making allegations imputing a motive to, or questioning the character or reputation of, another member

 

Hon Members, the conduct of Members of Parliament is regulated by various laws and rules that seek to uphold the dignity of the House and also ensure the smooth transaction of the business in the House. In this regard, Chapter 5 of the National Assembly Members’ Handbook 2006 on “Conduct of Members of Parliament and Parliamentary Etiquette”, states at page 22 as follows:

 

“While on the Floor of the House, Members should not:

(a)…

(b) make personal reference by way of making an allegation imputing a motive to or questioning the character or reputation of any other Member of the House, unless it be imperatively necessary for the purpose of the debate, being itself a matter in issue or relevant thereto.”

 

Hon Members, it is crystal clear from the foregoing, that Hon T S Ngulube, MP, mentioned Dr C K Kalila, MP and Mr M Ndalamei, MP, to be among the Members of the UPND who attended the NDF and received allowances, when in fact, did not.  In view of the foregoing, Hon Ngulube, MP, breached his duty to ensure that the information he provided the House was factual, verifiable, and substantiated.

 

Further, in the second limb,of the point of order, by stating that Dr Kalila, MP, and Mr Ndalamei, MP, participated in the NDF and earned allowances on the pretext that they were helping the Government or the people of Zambia to pass the Constitution, Hon Ngulube, MP, made allegations against the two Hon Members imputing an ulterior motive, or questioned the character or reputation of the Hon Members.  Clearly, this had the potential to bring the reputation of the two Hon Members into disrepute.  Mr Ngulube, MP, was, therefore, in breach of the rules of this House and in contempt of the House.

 

In considering the punishment to be meted out to him, I took into account the fact that   Hon T S Ngulube did not dispute the allegation.  Instead, he was prompt in acknowledging his ommission, and readily apologised to both Dr Kalila, MP, and Mr Ndalamei, MP in writing, as noted above.  In this regard, I have decided to exercise leniency.  And I have since issued a formal written warning to him.

 

Further, I direct the Office of the Clerk to expunge Dr Kalila, MP, and Mr Ndalamei, MP’s names from the record of Members of the UPND that attended the NDF, as supplied by Hon Ngulube, MP in his debate of 4th December, 2019.

 

In conclusion, I wish to seize this opportunity to caution Members from making statements on the floor of the House that contain information that is not factual, verifiable, and substantiated.  Needless to state that untrue and malicious statements have the potential to cause irreparable damage on the persona of a Member targeted by such remarks. I, therefore, urge you, Hon Members to ensure that statements made on the Floor of the House are factual, verifiable, and substantiated in compliance with the rules of the House.

 

I thank you.

 

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