Ruling by the Hon. Mr. Speaker on the Point of Order raised by Mr. T S Ngulube, MP, on whether the House was in Order to exclude him from the meeting of the Committee on Privileges, Absences and Support Services in his capacity as Deputy Chief Whip

RULING BY THE HON MR SPEAKER ON A POINT OF ORDER RAISED BY HON T S NGULUBE, DEPUTY GOVERNMENT CHIEF WHIP AND MEMBER OF PARLIAMENT FOR KABWE CENTRAL PARLIAMENTARY CONSTITUENCY ON THURSDAY, 3RD DECEMBER, 2020 ON WHETHER THE HOUSE WAS IN ORDER TOEXCLUDE HIM FROM THE MEETINGS OF THE COMMITTEE ON PRIVILEGES, ABSENCES AND SUPPORT SERVICES IN HIS CAPACITY AS DEPUTY GOVERNMENT CHIEF WHIP
 
Hon Members will recall that onThursday, 3rd December, 2020, when the House was considering Question for Oral Answer No 70, and MrJ B Ng’onga, Member of Parliament for Kaputa Parliamentary Constituency was on the Floor, Hon T S Ngulube, Deputy Government ChiefWhip,raised aPoint of Order.In the Point of Order, he inquired whether the House was in order to request him to leave a meeting of the Committee on Privileges, Absences and Support Services, which he was attending on behalf of the Government Chief Whip.
 
In her immediate response, Hon C Namugala, MP, the First Deputy Speaker,reserved her ruling. I have since studied the Point of Order,and will now render the ruling.
Hon Members,let me begin by giving a brief background of the events that gave rise to the Point of Order.On Wednesday, 2nd December, 2020, the Committee on Privileges, Absences and Support Services, convened to consider a matter of alleged breach of parliamentary privileges, and contempt of the House involving Mr C Mweetwa, Member of Parliament for Choma Central Parliamentary Constituency.  During the Committee’s deliberations, a preliminary issue arose regarding the presence, in the meeting, of Hon T S Ngulube, MP, Deputy Government Chief Whip, who was sitting in, for the Government Chief Whip. The Committee excluded Hon T S Ngulube, MP, from the meeting in order to discuss the matter. In deliberating on the matter, the Committee resolved that the Government Chief Whip was the person appointed to the Committee on Privileges, Absences and Support Services.Therefore the Deputy Government Chief Whip could not attend theproceedings of the Committee. Hon T S Ngulube, MP, is evidently, dissatisfied with that decision, and elected to raise the issue on the Floor of the House, through a Point of Order.
 
Hon Members, I have guided the House on several occasions on the nature and function of a Point of Order. And when it can be resorted to. For avoidance of doubt, I will, again, have recourse to the Members Handbook.
 
TheNational Assembly Members’ Handbook of 2006, definesa Point of Order, as follows, at page 25:
 
“A Point of Order is a question raised by a Member who believes that the rules of procedures of the House have been incorrectly applied or overlooked during the proceedings. A Point of Order can be raised at any time in the proceedings.”  (Underlying is for emphasis sake.)
 
Additionally, M N Kaul and S L Shakdher, in their bookPractice and Procedure of Parliament, Seventh Edition, (LokSabha Secretariat, New Delhi, 2016) elucidates, circumstances under which a Point of Order can be raised, at pages 1042-1043, as follows:
 
“...It can be raised only in relation to the business before the House at the moment: the term ‘business before the House’ means business included in the list of Business for the day.”
 
Hon Members, the import of the foregoing, is that for a Member to raise a Point of Order,the following three critical elements must be present:
 
i. proceedings of the House must be taking place at the time;
ii. a rule of the House must have been breached or overlooked during the proceedings; and
iii. thePoint of Order must be in relation to the business before the House.
Hon Members, from the foregoing, it is self-evident that aPoint of Order must relate to a breach of the rules of the House at the material time, and should be raised contemporaneously; that is to say, soon after the alleged breach occurs. 
 
Hon Members, I am alive to the fact that the House also conducts its business in various Committees. I am also aware that various issues or indeed controversies arise during the conduct of such proceedings or meetings. However, given the elements adumbrated above, when a Point of Order can be raised, it is clear that a Point of Order cannot be raisedon the Floor of the House to bring to the Presiding officers’ attention, a matter that transpired in the committees or, indeed, anywhere else outside Floor of the House, but within, of course, the remit of the National Assembly. Instead, there are other avenues, Hon Members can employ to bring such matters to my attention. These include, approaching my office. Or,submitting a letter of complaint to my office.
 
In the instant case, the Point of Order raised by Hon T S Ngulube, MP, arose from the proceedings of the Committee on Privileges, Absences and Support Servicesheld on Wednesday, 2nd December, 2020. Clearly, thePoint of Order was not connected to the business of the House. That is, business transacted on the Floor of the House. In view of the foregoing, it is inadmissible. Be that as it may,given the importance, and seriousness of the issues, raised in the point of order, I have resolved to refer the subject matter of the Point of Order to the Standing Orders Committee.
 
 
I thank you.
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Ruling Date: 
Thursday, December 10, 2020