RULING BY THE HON MR SPEAKER ON A POINT OF ORDER RAISEDON FRIDAY, 30TH OCTOBER, 2020,BY DR F NG’AMBI, MEMBER OF PARLIAMENT FOR CHIFUBU PARLIAMENTARY CONSTITUENCY,ON WHETHER THE RECORDS FOR THE VOTE ON THE CONSTITUTION OF ZAMBIA (AMENDMENT) BILL, N.A.B. NO 10 OF 2019,WHICH TOOK PLACE ON THURSDAY, 29TH OCTOBER, 2020, WOULD BE AMENDED TO REFLECT HIM AS HAVING VOTED IN SUPPORT OF THE BILL BECAUSE AT THE TIME OF VOTING THERE WAS A SYSTEM FAILURE WHICH HAD RESULTED IN HIS NOT BEING REGISTERED AS BEING PRESENT FOR THE VOTE 

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Hon Members will recall that on Friday 30thOctober, 2020, when the House was considering Head 44- Ministry of Labour and Social Security- and MsM C Chonya, Member of Parliament for Kafue Parliamentary Constituency, was on the Floor, Dr F Ng’ambi, Member of Parliament for Chifubu Parliamentary Constituency, raised the following Point of Order:

 

“Madam Chairperson, thank you for the opportunity to raise a point of order. I also seek the indulgence of the Hon Member who was on the Floor.

Madam Chairperson, yesterday, 29th October, 2020, the Constitution of Zambia (Amendment) Bill No. 10 of 2019 was presented on the Floor of this House. This Bill was meant to benefit the people of Zambia, as it was progressive. It was also meant to address the many challenges that they have been experiencing. 

 

Madam Chairperson, one of the issues that came out yesterday is what we are experiencing today, which is that the communication system at the National Assembly keeps freezing from time to time. So, at the time of voting yesterday, my console froze and was unable to register my vote. 

 

Madam Chairperson, as you may be aware, I supported the Bill and my name was supposed to appear among those who voted for it. However, my name did not appear, and I have publicly declared that it was my intention to support Bill No. 10 of 2019. Since the system failed me by not registering my presence and I am publicly declaring my support for Bill No. 10 of 2019, will the records at the National Assembly be changed so that I become No. 106 among those who voted ‘yes’ yesterday? 

 

I seek your serious ruling, Madam Chairperson.”

 

In her immediate response, the First Deputy Speaker,Hon C Namugala, MP, sitting as Chairperson of the Committee of Supply, reserved her ruling. 

 

Additionally,on the same day, my office received letters of complaint from Mr K Kabaso, Member of Parliament for Mwansabombwe Parliamentary Constituency, and Dr F Ng’ambi, MP, on the same matter.

 

The letters were expressed in the following terms:

 

(i) Complaint by Mr K Kabaso, MP

 

"RE: NAME NOT CAPTURED DURING VOTING ON BILL 10 MOTION

 

With reference to the above caption, I write to your office, seeking clarity as to what transpired during 29th October, Parliament sitting during the voting of Bill No 10 Motion. Despite having voted yes to the Motion, it has come to my attention that my names were not captured as having voted.

 

I urgently seek your urgent response on this matter.

 

Yours faithfully,

 

Hon Kampampi Kabaso

MP Mwansabombwe Constituency”

 

(ii) Complaint by Dr F Ng’ambi, MP

 

"RE: VOTING ON N.A.B BILL NO 10

Reference is made to the above subject matter.

 

I write to officially complain that on 29th October, 2020, on the Floor of the House when the HonourableMr Speaker called to vote on N.A.B. Bill No. 10, I recall very well that I voted YES. I followed the instruction by pressing PRESENT and pressed YES.

 

Shockingly, my name did not appear on the list of those who voted. I, therefore, demand that my name be included on the list of other Honourable Members who voted YES.

 

It is my sincere hope that the integrity of the voting system be interrogated.

 

Your favourable consideration will be highly appreciated.

 

Yours faithfully

 

Hon Frank Ng’ambi, MP

CHIFUBU MEMBER OF PARLIAMENT”

Hon Members, following the Point of Order,and complaints,my office conducted thorough investigations to establish what transpired on the material day. 

 

Hon Members, as you are aware, voting in the Chamber is conducted using the Bosch Communication system, installed in the Chamber. This is a stand-alone closed circuit system, which is not connected to the Parliament local area network or the internet. The isolation of the system from the internet, and main network is intended to restrict access to the system to Members who are physically present in the Chamber. To put it plainly,the system is isolated to protect it from any external interference or manipulation. Thus, voting on the Bosch system is only accessible from the Chamber, and can only be done by HonMembers from their respective units.  It is for this reason that, on Friday 23rd October, 2020, the Office of the Clerk issued a circular advising all Members of Parliament to be physically present in the Chamber to cast their vote on the Constitution of Zambia (Amendment) Bill No. 10 of 2019.

 

Hon Members, it is further noteworthy, that because the Bosch communication system cannot be accessed remotely, the Information and Communications (ICT) Department, has officers stationed in the Chamber. Thus, any Member encountering challenges with the system is assisted by the ICT officers from the Member’s personal unit. 

 

Hon Members, I now wish to highlight how the voting systemoperates.Once the Presiding Officer announces that the House will vote electronically, the following procedure is followed:

 

1. Hon Members areall logged out of the Bosch Chamber system by one of the ICT officers stationed in the Chamber.

2. The Presiding Officer announces as follows: “PLEASE LOG INTO THE SYSTEM”.

 

3. Hon Members are required to enter their username, and password to log into the system.

4. The Presiding Officer asks Members if they have all successfully loggedin.

 

5. The Presiding Officer announces as follows: “WHEN YOU HEAR THE PAGING SOUND THE VOTE HAS OPENED AND THE VOTING SCREEN IS DISPLAYED ON YOUR MICROPHONE UNIT”.

 

6. The Presiding Officer states as follows: SELECT THE PRESENT KEY.

 

7. The Presiding Officer asks if all Members have selected the “present” key.

8. The Presiding Officer then announces as follows:“ON THE RIGHT SIDE OF THE SCREEN YOU WILL SEE THE WORDS: “PLEASE CAST YOUR VOTE”.

 

9. The Presiding Officer instructs Members to do the following: “SELECT ONE OF THE OPTIONS: YES, NO OR ABSTAIN”.

 

10. The Presiding Officer states as follows:“ONCE YOU HAVE SELECTED ONE OF THE OPTIONS, YOU WILL SEE THE WORDS: “VOTE HAS BEEN CAST” ON THE RIGHT SIDE OF THE SCREEN”.

 

11. The Presiding Officer then announces that: “WHEN YOU HEAR THE SECOND PAGING SOUND THE VOTE WILL CLOSE AFTER ONE (1) MINUTE.

 

12. After 1 minute the Presiding Officer states as follows: “YOU HAVE JUST VOTED”.

 

13. The Presiding Officer announces the results as displayed on the system.

 

Hon Members, once a vote has been taken, the Bosch communication system generates a comprehensive report on the vote, which includes the following features:

 

1. The first column headed "Participant name". This column contains the name of the Member of Parliament;

 

2. The second column headed “Group”. This column indicates the party or groupto which a Member belongs;

3. The third column headed “Voting answer”.This columnprovides for fiveoptions as follows:

 

(i) Not Present: This means that the Member did not select the “present”key to indicate their intention to participate in the vote;

(ii) Yes: This means the Member voted in favour ofthe motion on the Floor of the House;

(iii) No: This means the Member voted against the motion on the Floor of the House;

(iv) Abstain: This means the Member neither voted for or against the motion on the Floor of the House; and

(v) Not Voted: This means the member selected the “present” key, but did not select any of the voting options.

 

4. The fourth column is headed “Attendance.” It providestwo options:

(i) Present: This means that the Member successfully logged into the Bosch communication system; or

 

(ii) Absent: This means that the Member did not loginto the Bosch communication system.

Hon Members, in view of the foregoing, it is evident that for a Member to vote, they need to, first,log into the Bosch Communication system. Thereafter, they must select the “present” key to signify their intention to vote. Where a member only logs into the system, but does not select the “present” key, they will not be able to vote. Thus, the system will capture the Member as present for purposes of logging in and "not present" for the purpose of voting. 

 

Hon Members, as regards Dr F Ng’ambi, MP, and Mr K Kabaso, MP, thereport indicates as follows:

 

Dr Frank Ng’ambi           PF            Not Present           Present

Mr Kampampi Kabaso    PF            Not Present           Present

 

Hon Members, in the column headed “Attendance,”both Dr F Ng’ambi, MP, and Mr K Kabaso, MP,are indicated as being present.  This means that both Hon Members successfully logged into the system for purposes of voting.

 

In the Second Column, headed “Voting Answer”, both Hon. Members are indicated as not being present. This signifies that both Dr F Ng’ambi, MP, and Mr K Kabaso, MP,did not selectthe "present" key,which would have activated the voting options, and enabled them to vote. 

 

Hon Members,in his Point of Order,Dr F Ng’ambi, MP, alleged that his vote could not be registered, because his console froze.However, investigations haverevealed that if, indeed, his console froze, as alleged, he would not even have been able to log into the system, let alone, to press the “PRESENT” AND “YES” options, as alleged in his letter of complaint.  At any rate, if his console had indeed frozen, as alleged, he should have immediately alerted me, and I would have, in turn, instructed the ICT officers in the Chamber, to assist himforthwith.  As a matter of fact an ICT specialist is positioned adjacent to me.

 

In thepremise, I have come to the conclusion that, on the material day,Dr F Ng’ambi, MP, logged into the system as required. He, however, did not select the “present” key, which would have activated the necessary options to enable him vote. Therefore, contrary to his assertion that his vote was not recorded due to a system failure, Dr F Ng’ambi’s failure to register his vote, was as a result of his own failure to press on “present,” and thereby register his intention to vote. And, subsequently, proceed to vote. Hon Members,gleaning the Bosch system report referred to above,it is self-evident that the same narrative relating to Dr F Ngambi, applies toMr K Kabaso, MP.

 

In view of the foregoing, the result for the vote on the Constitution of Zambia (Amendment) Bill cannot be re-visited or revised. Andshall stand, as recorded on the system, as declared by me, on Thursday, 29th October, 2020.

 

Finally, I would like to seize this opportunity to urge Hon Members to acquaint themselves thoroughly,with the voting procedure, andpromptly alert the Presiding Officer,whenever they experienceany challenge(s) with the system. 

 

I thank you