RULING BY THE HON MR SPEAKER ON A POINT OF ORDER RAISED BY DR C K KALILA, MEMBER OF PARLIAMENT FOR LUKULU EAST PARLIAMENTARY CONSTITUENCY ON WEDNESDAY, 28TH OCTOBER, 2020, ON WHETHER PARLIAMENT WAS IN ORDER TO PUT THE LIVES OF MEMBERS OF PARLIAMENT AT RISK BY REQUESTING THEM ALL TO BE IN THE MAIN CHAMBER FOR PURPOSES OF VOTING ON A MOTION OF CENSURE 

 

Hon Members will recall that on Wednesday, 28th October, 2020, when the House was considering the Estimates of Revenue and Expenditure under Head 39 - Smart Zambia Institute, and Mr K Simbao, Member of Parliament for Senga Hill Parliamentary Constituency, was debating, Dr C K Kalila, Member of Parliament for Lukulu East Parliamentary Constituency, raised the following Point of Order: 

 

“Mr Chairperson, my point of order is on the health of Hon Members of Parliament in this House.

 

Sir, Personal Protective Equipment (PPE), as the name suggests, entails that it is meant to protect an individual pre-exposure and during exposure.  I noticed that Hon Members were asked to come into this House by way of a circular, obviously, with some safety measures in place, which I assume are the protective clothing. Hon Members came into this House and I noticed that they had interacted for two solid hours without recourse to the protective clothing that was distributed only for the sole purpose of pressing the button to vote, thereby defeating the very purpose for which this equipment was meant. If the PPE was meant to prevent transmission, then, the purpose was clearly defeated in those two hours.

 

Mr Chairperson, is this Parliament in order to put the lives of Hon Members at risk by tendering wrong advice and generally wasting resources on equipment which could have been used more productively and correctly elsewhere?

 

Mr Chairperson, I seek your serious ruling.”

 

In his immediate response,  the Second Deputy Speaker, sitting as Deputy Chairperson of the Committee of the Whole House, reserved his ruling to enable him peruse the rules of the House and render a ruling. I have studied the matter and will now render my ruling.

 

Hon Members, the question for determination in this matter is whether Parliament was in order to advise Members of Parliament to be physically present in the Chamber and to wear the Personal Protective Equipment (PPEs), immediately prior to voting on the Censure Motion. 

 

 

Hon Members, Dr C K Kalila, MP, alleged that Members of Parliament were requested to be in the Chamber for purposes of voting as per circular. He further alleged that Members of Parliament sat in the House and interacted for two (2) hours without protective clothing, because the PPEs were only distributed for the sole purpose of voting.  This, he stated, defeated the purpose of the PPEs and health guidelines relating to the corona virus disease, since the Members of Parliament had already been exposed to the disease.

 

Hon Members, as correctly pointed out by Dr C K Kalila, MP, advice was given to Members on how they would proceed with voting, by way of circulars issued by the Office of the Clerk. The two (2) circulars related to physical attendance of sittings and the distribution and disposal of PPEs for purposes of voting on the Censure Motion and the Constitution of Zambia (Amendment) Bill, No 10 of 2019.  The circulars in question read as follows:

 

1. “TO: ALL HON MEMBERS OF PARLIAMENT

 

 

Hon Members are informed that the Motion of Censure by Mr S Kakubo, MP, against Hon B Lusambo, MP, Minister for Lusaka Province, will be debated on Wednesday, 28th October, 2020, while the Second Reading Stage of the Constitution of Zambia (Amendment) Bill, National Assembly Bill Number 10 of 2019, will take place on Thursday, 29th October, 2020.

 

Hon Members are reminded about the provisions of Standing Order 20 of the National Assembly of Zambia (Coronavirus Disease-2019) Temporary Standing Orders, 2020, as amended.  The Standing Order provides that voting on the Constitution of Zambia (Amendment) Bill, National Assembly, Bill Number 10 of 2019, and other matters requiring a specific threshold prescribed by law to pass shall be conducted electronically using the multimedia system in the Chamber.  Both the Constitution of Zambia (Amendment) Bill, National Assembly Bill Number 10 of 2019, and the Motion of Censure require the votes of not less than two-thirds of all Members of the Assembly to pass.

 

In this regard, all Hon Members are requested to be in Lusaka by Tuesday, 27th October, 2020, to enable them to physically attend the sittings of the House from the Main Parliament Buildings on 28th and 29th October, 2020, so as to facilitate voting on the Censure Motion and the Bill using the multimedia system in the Chamber.

 

Cecilia N Mbewe (Mrs)

 

 

2. “RE: DISTRIBUTION AND DISPOSAL OF PERSONAL PROTECTIVE EQUIPMENT FOR COVID-19"

 

As you are aware, a Motion of Censure and the Second Reading Stage of the Constitution of Zambia (Amendment) Bill, National Assembly Bill No 10 of 2019, will be debated on Wednesday, 28th October and Thursday, 29th October, 2020, respectively. To that effect, you are all required to be physically present in the Chamber as provided for by the COVID-19 Standing Orders.

 

Therefore, and as a way of ensuring compliance to the public health measures, Personal Protective Equipment (PPEs) will be distributed to all Members to protect them from contracting the COVID-19 disease. The distribution, including the disposal of PPEs, will be done at the Chamber Reception Desk as Members come for the sitting and immediately after the adjournment of the House, respectively.

 

To this effect, you are all being encouraged to come early on the designated days to facilitate the distribution of PPEs.

 

Cecilia N Mbewe (Mrs)

 

Hon Members, the first circular, requested Members of Parliament to be in Lusaka, at Parliament Buildings, to enable them physically attend sittings of the House on 28th and 29th October, 2020.  This was to facilitate voting, using the multimedia system in the Chamber, on the Motion of Censure by Mr S Kakubo, Member of Parliament for Kapiri Mposhi Parliamentary Constituency, against Hon B Lusambo, MP, Minister for Lusaka Province, and the Second Reading Stage of the Constitution of Zambia (Amendment) Bill No. 10 of 2019, on the respective dates.  The circulars were issued because both the Motion, and the Bill, required to meet a specific threshold in order to pass.  The circular dated 27th October, 2020, further requested Members to be physically present in the Chamber as provided for by the National Assembly of Zambia (Corona Virus Disease-2019), Temporary Standing Orders, 2020.

 

Hon Members, the foregoing circulars are not to be read in isolation.  But rather, are to be read in conjunction with Standing Order 4(2) of the Temporary Standing Orders which is expressed in the following terms: 

“4. Manner of Sitting

(2)Where the House Business Committee determines that the House meets partly physically and partly virtually, the Speaker, in consultation with the leaders of political parties, shall decide which members [are] to attend a sitting physically in the Chamber and which members [are] to attend virtually in designated rooms within the precincts of the Assembly or in other places outside the precincts of the Assembly.”

 

Hon Members, in keeping with the preceding Standing Order, Members have been assigned designated sitting rooms for those wishing to physically attend sittings, here, at the Main Buildings.

 

Hon Members, the import of the circulars was, therefore, that Members were required to be physically present at Parliament Buildings. They, however, had to be in their designated rooms, until such a time that they were called upon to proceed to the Chamber for purposes of voting. It was for that reason that the PPEs were only to be distributed at the Chamber Reception desk, as the Members made their way into the Chamber.

 

Hon Members, in studying this matter, I had recourse to the video footage of the proceedings on the date in question. Indeed several Members were, however, physically present in the Chamber, without protective clothing, contrary to the guidance provided in the circulars, and the manner of sitting as provided for in the Temporary Standing Orders. 

 

In view of the foregoing, those Members who proceeded to the Chamber before the time for voting acted contrary to the rules of the House, and the guidance, provided by the Office of the Clerk, to the effect that Members were only to be present in the House at the time of voting. 

 

I thank you.