RULING BY THE HON MR SPEAKER ON THE POINT OF ORDER RAISED BY HON R CHITOTELA, MINISTER OF TOURISM AND ARTS AGAINST MR A L LUFUMA, MEMBER OF PARLIAMENT FOR KABOMPO PARLIAMENTARY CONSTITUENCY, FOR ALLEGEDLY MISLEADING THE HOUSE AND THE NATION REGARDING THE CONSTRUCTION OF THE SOLWEZI-CHINGOLA ROAD 

 

 

Hon Members, the House will recall that on Friday, 13th December, 2019, when the House was debating the Ministerial Statement issued by the Hon Minister of Home Affairs, Mr S Kampyongo, MP, on the Integrated National Registration Information Systems (INRIS) and Hon J J Mwiimbu, MP, Leader of the Opposition and Member of Parliament for Monze Central was asking a follow up question, the Hon Minister of Tourism and Arts, Mr R Chitotela, MP, raised the following Point of Order:

 

“Madam Speaker, I thank you for giving me this opportunity to raise a very serious point of order, and I apologise to the Hon Member of Parliament for Monze Central for disturbing his flow of his debate.

 

Madam Speaker, I rise on a serious point of order, bearing in mind that propaganda in Zambia is growing. As you ruled last time on the issue of Hon Remember Mutale, as Hon Members of Parliament, we need to bring verifiable information to this Chamber and ensure that we endeavour to speak and debate the truth. As Her Honour the Vice-President stated, if we give false information, we risk misleading and dividing the country.

 

Madam Speaker, I rise on a point of order on the Member for Kabompo, Hon. Lufuma, who in his debate yesterday, while debating the Vote for the North-Western Province said and I quote:

 

“Mr Lufuma: … but when you go to the North-Western Province, like we heard from what Hon. Lihefu and Hon. Tambatamba said, there is nothing despite the contribution from the mines in the province which contributed US$80 million towards the construction of the Chingola/Solwezi Road, which we were crying for, for many years. Is this how we should live in this country?”

 

Madam Speaker, when I heard that point, I was so surprised. We should not allow this level of misinformation and propaganda by hon. Members of Parliament. I went to the Road Development Agency (RDA) and the National Road Fund Agency (NRFA), which signed the contract for the Chingola/Solwezi Road.  Lot 1 was signed on 22nd May, 2015, between China Geo Engineering Corporation Southern African Limited and the RDA. Lot 2 was signed on 12th May, 2015, between Buildcon Investments Limited, and the RDA. Lot 3 was also signed on 22nd May, 2015, between the RDA and China Geo Engineering Corporation Southern African Limited, bringing the total kilometres to 190 km of the Chingola/Solwezi Road.

 

Madam Speaker, I also have a payment schedule from the NRFA, and I want to put the record straight. For Lot 1, the total amount funded by the Treasury, through the Ministry of Finance, was K151,601,188 and K621,630,877 from the National Pension Scheme Authority (NAPSA). For Lot 2, the Treasury funded K111,943,719  ... I will lay the documents on the Table to assist the Chair to make an informed decision.

 

Madam Speaker, is the Member of Parliament for Kabompo, Hon. Lufuma, in order to deliberately mislead this House, and the nation at large?  I need your serious ruling.”

 

Hon Members, in her immediate response, the Hon Madam First Deputy Speaker reserved her ruling to enable her peruse the documents that had been laid on the Table of the House. I have studied the matter and I will now render my ruling. 

 

Hon Members, I had recourse to the verbatim record of the proceedings of Thursday, 12th December, 2019, in order to ascertain exactly what Mr A L Lufuma, MP said on the floor of the House. Below is an excerpt of the relevant debate-

 

“Mr Chairperson, let us go to the roads, in particular, the Link Zambia 8000 km Road Project.  When you go to the northern part of the country, where I have been, courtesy of Mr Speaker, you will find that most of the roads are nicely done, but when you  go to the North-Western Province, like  we heard from what Hon. Lihefu and Hon. Tambatamba said, there is nothing. The mines in the province contributed US$80 million towards the construction of the Chingola/Solwezi Road, which we were crying for, for many years. Is this how we should live in this country…?” 

 

From the extract, it is self-evident that Mr A L Lufuma, MP, alleged that the mines had contributed US$80 million towards the construction of the Chingola/Solwezi Road.

 

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 Mr A L Lufuma, MP, requesting him to state his side of the story. 

 

His response reads as follows:

 

“Dear Madam

 

RE: POINT OF ORDER AGAINST MYSELF RAISED BY HON R K CHITOTELA, MP, MINISTER OF TOURISM AND ARTS

 

Reference is made to your letter reference no. NAS/7/10 Conf. dated 18th December, 2019, in which you asked me to state my side of the story following a point of order raised by Hon R Chitotela, MP, that I misled the House by stating that the mines contributed US 80 million towards the construction of the Chingola/Solwezi road during my debate on the Vote for North-Western Province, when in fact the construction of the said road was completely funded by the Government.

 

I wish to submit that the information that I received on the financing of the Chingola/Solwezi road as pertains to the contribution of U$ 80 million was oral from my informant, which information has thus far not been verified. I, therefore, in accordance with the rules and regulations governing debate on the Floor of the House hereby state that the said information cannot be substantiated as at now and therefore and accordingly do withdraw the same and apologise accordingly to the House. 

 

I submit.

 

Hon Ambrose L Lufuma, MP

KABOMPO CONSTITUENCY”

 

Hon Members, the Point of Order raises the issue of a member’s duty to ensure that the information he or she provides to the House, when debating, is factual and verifiable.

 

Hon Members, I have rendered several rulings on this matter and will not belabour the point suffice to remind the House of Standing Order 53(1) which is in the following terms:

 

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

 

In addition, Chapter 3 of the National Assembly Member’s Handbook 2006 states as follows at page 13:

 

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

 

Hon Members, in the present matter, it is evident from the response tendered by Mr A Lufuma, MP, that the information he brought before the House was not factual, because it was based on hearsay evidence, which, at any rate, the Hon Member, by his own admission, failed, to both verify and substantiate.  In view of the foregoing, I find that Mr A L Lufuma, MP, was Out of Order, because he made a statement on the Floor of the House that breached the rules of the House. 

 

As regards the sanction, to be meted out, I wish to inform the House that I have since formally warned Mr A L Lufuma, MP, for his misconduct. I have exercised leniency, because the Hon Member readily acknowledged and admitted the breach.  And rendered an apology to the House. 

 

In conclusion, I would like to take this opportunity to remind Hon Members of their duty to ensure that the information they provide to the House is not only factual, but also verifiable and substantiated.  I have, however, noted with concern that, of late, Hon Members tend to make unverified and unsubstantiated statements.   This is unfortunate, granted that the debates in the House, are followed not only countrywide, but also worldwide, through the radio, television, and on the internet.  It is, therefore, cardinal that Hon Members should verify information submitted to the House, in order to avoid misleading the House and the public at large.

 

I thank you.