RULING ON A POINT OF ORDER RAISED BY MR M MUTELO, MEMBER OF PARLIAMENT FOR MITETE PARLIAMENTARY CONSTITUENCY, ON HIS ALLEGED HARASSMENT BY OFFICERS OF THE ANTI-CORRUPTION COMMISSION, FOLLOWING HIS DEBATE IN THE HOUSE ON TUESDAY, 24TH SEPTEMBER, 2019
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Hon Members will recall that on Wednesday, 4th December, 2019, when the House was considering Question for Oral Answer No 64 and Ms M Subulwa, Member of Parliament for Sioma Parliamentary Constituency was asking a follow-up question, Mr M Mutelo, Member of Parliament for Mitete Parliamentary Constituency, raised a Point of Order.  An excerpt of the Point of Order is in the following terms:

“Madam, way back on Tuesday, 24th September, 2019, I contributed to the debate which was on the Floor of this House and the following day, on 25th September, 2019, the Anti-Corruption Commission officials called and sent text messages wanting to meet with me.  Being a national representative of the people, I agreed.  On the same day, around 1900 hours to 20:00 hours, they found me right in the Parliament Motel Restaurant.  I welcomed them and said, “I am here.”  Then they started questioning me concerning my debate for the previous day and yet this is totally against the laws that we have set for ourselves.

The Constitution of Zambia in Article 76(1) and (2) states:
“76 (1) A Member of Parliament has freedom of speech and debate in the National Assembly and that freedom shall not be ousted or questioned in a court or tribunal.
(2) A Member of Parliament shall have the powers, privileges and immunities, as prescribed,”

Section 3 of Chapter 12 of the Laws of Zambia says:

“There shall be freedom of speech and debate in the Assembly. Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly.”

Were the two ACC officers in order to come and question me over matters that were debated in this House? “

In my immediate response, I reserved the ruling. 
Hon Members, the Point of Order by Mr M Mutelo, MP, raises the issue of breach of parliamentary privilege and contempt of the House vis-a-vis a person harassing a Member of Parliament for a statement he made on the Floor of the House and thereby infringing on the Member’s freedom of speech and debate in the House. 

Hon Members, I referred the matter to the Committee on Privileges, Absences and Support Services for consideration.

And 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 the Anti-Corruption Commission (ACC), as well as the officials that were alleged to have met Mr Mutelo, MP.  The Office further sought a report on the matter from the Chief Parliamentary Security Officer, and Sergeant-at-Arms.  In addition, the Office wrote to a Mr Njamba who was allegedly with Mr Mutelo, MP, when the ACC officers met him.  All the witnesses made written submissions.

The Committee subsequently met and deliberated on the matter.  During its deliberations, the Committee had recourse to the written submissions of all the witnesses.  Further, Mr Mutelo, MP, and all the witnesses except Mr M Njamba, who was unavailable, appeared before the Committee to augment their written submissions.

Hon Members, after considering the submissions from the relevant witnesses, the Committee established that the matter concerned two institutions that both enjoyed immunity as prescribed in the National Assembly (Powers and Privileges) Act Cap 12 of the Laws of Zambia and the Anti-Corruption Commission Act No. 3 of 2012.  In view of this, the Committee recommended that the issue be resolved administratively.  Hon Members, I applied my mind to this matter and endorsed the Committee’s recommendation that the matter be handled administratively.

I wish further to inform the House that the Committee met both parties, and concluded the matter as pointed above.  Therefore, this matter is for all intents and purposes, closed.

I thank you.