Hon Members will recall that on Tuesday, 17th March, 2020, when the House was considering the Second Reading Stage of the Constitution of Zambia (Amendment) Bill No. 10 of 2019 and Ms G Katuta, Member of Parliament for Chiengi Parliamentary Constituency was on the Floor, Hon S Kampyongo, Minister of Home Affairs, raised a Point of Order against Mr C Mweetwa, Member of Parliament for Choma Central Parliamentary Constituency.  The relevant excerpt of the Point of Order is in the following terms:

 

“Sir, yesterday, 16th March, 2020, I, like many other citizens, watched a programme on Prime Television which had a panel of discussants. The panel consisted of the hon Minister for the Eastern Province, Mr Zulu, the hon Member of Parliament for Choma Central, Mr Mweetwa, a Mr Lungu, Mr SakwibaSikota, SC., and Mr Haimbe, another learned counsel.

 

Mr Speaker, I was surprised to see anhon Member of this August House casting aspersions on the Office of the Hon Mr Speaker and misleading the nation on how this House operates. 

 

Mr Speaker, the hon Member of Parliament for Choma Central alleged in his discussion, that, in constituting the Select Committee which scrutinised the Bill under discussion today, you, Mr Speaker, deliberately included two Members of this August House whom you knew would not form part of the Committee because they would stay away. He cited these as the Leader of the Opposition, Hon. Mwiimbu, and the Hon Member of Parliament for Liuwa, Dr Musokotwane. 

 

He further said that, as if that was not enough, Mr Speaker decided to choose a chairperson who was a new Member of Parliament – in reference to Hon Nakacinda – who did not know what to do as he chaired this Committee. 

 

Sir, we know that when you appoint a Select Committee, it chooses its own chairperson.  In the manner he portrayed this matter to the nation, he cast aspersions on your office, Mr Speaker, that when you are discharging your functions, such as appointing a Select Committee, you do that with certain predetermined positions to manipulate the operations of such committees which I have had a privilege to belong to as a new Member of this August House together with the same hon Member of Parliament.

 

Mr Speaker, was the hon Member of Parliament for Choma Central in order to cast aspersions on your honourable office and make allegations which he knew were not true? For the purpose of the integrity of this August House, I seek your serious ruling”.

 

In his immediate response, the Hon Mr Speaker reserved his ruling to enable him study the matter carefully, so that he could make a measured response. He, subsequently, referred the matter to the Committee on Privileges, Absences and Support Services for consideration. 

 

Hon Members, at this juncture, I wish to state that there has been an inordinate delay in concluding this matter due to challenges in obtaining the relevant footage from Prime Television Station, whose television licence was revoked on 9th April, 2020. As a result, the Office of the Clerk was compelled to invoke section 10 of the National Assembly (Powers and Privileges) Act, and summon the Director of the defunct Prime Television, Mr Gerald Shawa, to produce the video footage, and accordingly, he obliged.

 

Hon Members may wish to note that the Point of Order raises the issue of a member publishing or making a statement reflecting on the character or impartiality of the Speaker or the proceedings of the Assembly. 

 

Hon Members, to this extent the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, provides in section 19 (e) as follows:

 

"19. Any person shall be guilty of an offence who-

 

(e) Commits any other act of intentional disrespect to or with reference to the proceedings of the Assembly or of a committee of the Assembly or to any person presiding at such proceedings."

 

Further, eminent writers on parliamentary practice and procedure, M N Kaul and S L Shakdher, in their book entitled Practice and Procedure of Parliament, Seventh Edition, (New Delhi, LokSabha, 2016), state as follows at pages 304 to 306:

 

“It is a breach of privilege and contempt of the House to make speeches, or to print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any member of the House for or relating to his character or conduct as a Member of Parliament.

 

Speeches and writings reflecting on the House or its Committees or members are punished by the House as a contempt on the principle that such acts “tend to obstruct the Houses in the performance of their functions by diminishing the respect due to them.

 

Reflections on the character or impartiality of the Speaker in discharge of his duties as the Speaker of the House have been held to constitute a breach of privilege and contempt of the House.” 

 

Hon Members, the erstwhile Hon Mr Speaker, Dr R Nabulyato, MP, had occasion to rule on a similar matter in the case of Mr H D Banda, Member of Parliament for Lundazi Parliamentary Constituency (Parliamentary Debates of the Second Session of the Seventh National Assembly, 15thJanuary to 18th March, 1993, pages 44 to 49). 

 

In that case, a number of complaints on breach of parliamentary privileges were lodged to both the Office of the Speaker and the Office of the Clerk regarding a press statement attributed to Mr H D Banda, MP, when he was addressing University of Zambia (UNZA) students on the “Role of the Opposition in and Outside Parliament.” In his address, Mr H D Banda, MP, questioned the impartiality of the Hon Mr Speaker, Dr R Nabulyato, MP.  The matter was referred to the Standing Orders Committee which found Mr H D Banda, MP, in breach of parliamentary privilege and recommended that he be suspended for three (3) months.

 

In rendering the ruling on the matter, the Hon Mr Speaker stated as follows, at page 48:

 

”…the statement as summarised, was a clear attack on the Hon Mr Speaker’s impartiality and that according to section 19 (e) of  the National Assembly (Powers and Privileges) Act, Chapter 12 of the Laws of Zambia, the Hon Member was guilty of an offence. It was a breach of privilege to reflect upon the impartiality of the Speaker or of the House.”

 

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 C Mweetwa, MP, requesting him to state his side of the story.

 

In response, MrC Mweetwa, MP, confirmed appearing on the discussion programme aired on Prime Television on Monday, 16th March, 2020, in his capacity as Deputy Spokesperson for the United Party for National Development (UPND). He said that his appearance on the programme was in furtherance of his freedom of expression and association.  He further stated that after reviewing the recording of the programme and the Point of Order raised by Hon S Kampyongo, MP, he was of the view that the Point of Order was completely misplaced andlacked merit.

 

The Committee on Privileges, Absences and Support Services met to deliberate on the matter.  During its deliberations, the Committee had recourse to Hon S Kampyongo, MP’s, Point of Order, and viewed the relevant footage of the Oxygen and DemocracyProgramme on the topic “Rule of Law Part 2”, which was aired on Prime Television on 16th March, 2020.An excerpt of the footage is in the following terms:

 

“MrMweetwa:In 2016, when Zambia had occasion to amend its Constitution, I was privileged to have been the Chairperson of the Committee on Legal Affairs, Human Rights, National Guidance, Gender Matters and Governance. I was chairing the Committee just like the Select Committee which oversaw the affairs of Bill No. 10 of 2019. The difference between the two is that the Committee I was chairing is a Standing Committee of Parliament that receives and deals with any issues that are legal in nature. The Select Committee, which was dealing with Bill No. 10, was an ad-hoc Committee, which once it finishes its sittings of about ten days, is dissolved. 

 

I will tell you why they did not go for a Standing Committee, where the Chairperson of the Committee on Legal Affairs and its membership had already acquaintedthemselves with the issues relevant to the law, but went for a Select Committee.  They were trying to use the backdoor to get legitimacy for Bill No. 10 by including in the membership of the Select Committee Hon Mwiimbu, the Leader of the Opposition, and Hon Musokotwane, UPND Whip.  However, because they had a clear conscience of what they had decided, they opted not to sit on that Select Committee.  They then went ahead and put someone with a few days in Parliament to chair such an important Committee.

 

Host: Who are you talking about? 

 

MrMweetwa: Hon Nakacinda.”[ Emphasis mine]

 

Hon S Kampyongo, MP, appeared before the Committee to augment his submission. Further, Mr G Shawa, appeared before the Committee to authenticate the video footage. Mr C Mweetwa, MP, despite being notified of the date and time of his appearance before the Committee, elected to be absent without apology, and his phone went unanswered. Upon satisfying itself that MrC Mweetwa, MP, had been duly informed of the meeting, and that attempts had been made to contact him both before and on the day of the meeting, the Committee resolved to proceed with the matter. 

 

 

Submission by Hon S Kampyongo, MP

 

Hon S Kampyongo, MP, informed the Committee that his complaint was premised on Mr C Mweetwa, MP’s statement during the television programme that cast aspersions on the Office of the Hon Mr Speaker. He further stated that the Speaker treated all Members of Parliament the same and that it was unfortunate that Mr C Mweetwa, MP, had made insinuations to the contrary. 

 

Submission by Mr Gerald Shawa

 

Mr G Shawa confirmed the authenticity of the video footage of Mr C Mweetwa, MP’s interview.  He explained that the footage was retrieved from the server and that it was the same footage that was aired on Prime Television. He further assured the Committee that the footage had not been tampered with in any way because it had been stored safely.

 

Hon Members, after viewing the television footage and considering the verbatim record, and the written and oral submissions presented to it, the Committee unanimously found that the statements by Mr C Mweetwa, MP, reflected on the character and impartiality of the Speaker, and amounted to intentional disrespect to or with reference to the proceedings of the Assembly. The Committee, therefore, found that Mr C Mweetwa, MP, had acted contrary to the provisions of section 19 (e) of the National Assembly (Powers and Privileges) Actand was, in that regard, in breach of parliamentary privilege and in contempt of the House. 

 

In arriving at the punishment to be meted out to Mr C Mweetwa, MP, the Committee had regard to the precedent set in the case ofMr H D Banda, who was suspended for three (3) months for a similar offence. The Committee further noted that, currently, the maximum period a member can be suspended under section 28 (2) of the National Assembly (Powers and Privileges) Act is thirty (30) days. In view of the foregoing, the Committeerecommended that Mr C Mweetwa, MP, be suspended for thirty (30) days, in line with section 28 (2) of the National Assembly (Powers and Privileges) Act.

 

Hon Members, in considering and evaluating the decision arrived at by the Committee, I further had recourse to Standing Order 135 (1) of the National Assembly of Zambia Standing Orders, 2016,which provides for the appointment of members to Select Committees. It is expressed in the following terms:

 

“Selection of Members to Select Committee

135. (1) Unless otherwise directed by the Standing Orders Committee, the Speaker shall determine the number of, and nominate, the members to serve on a Select Committee.”

 

The import of the foregoing Standing Order is that the Speaker is the one responsible for appointing members to Select Committees. Therefore, Mr C Mweetwa, MP’s statements that - 

 

(i)They were trying to use the backdoor to get legitimacy for Bill No. 10 by including in the membership of the Select Committee Hon Mwiimbu, the Leader of the Opposition, and Hon Musokotwane, UPND Whip; and

(ii)They then went ahead and put someone with a few days in Parliament to chair such an important Committee;

 

were a direct reference to the Speaker appointing Members to the Select Committee on Bill 10 in order to get legitimacy for the Bill or to influence the outcome on the Bill. The statements were an affront on the partiality of the Speaker, and reflected on the character and impartiality of the Speaker, and amounted to a breach of parliamentary privilege, and contempt of the House. 

 

Therefore, in line with the recommendation of the Committee on Privileges, Absences and Support Services, I will, after addressing Mr C Mweetwa, MP, put the question for his suspensionfrom the National Assembly for thirty (30) days, for the resolution of the House. 

 

I now turn to address Mr C Mweetwa, MP. 

 

Mr C Mweetwa, MP, the House is extremely displeased with your conduct of making statements on a television programme which bring into question the character and impartiality of the Speaker and reflect negatively on the proceedings of the House. As a long-serving member of this August House, you ought to know that statements that reflect on the character or impartiality of the Speaker are impermissible. Additionally, your statements not only brought into question the Speaker’s integrity, but also undermined the integrity, dignity, and decorum of this House. I do trust that you will reflect seriously on your action and, henceforth, desist from such conduct.

 

Thus, in accordance with section 28 (2) of the National Assembly (Powers and Privileges) Act, which requires a resolution of the House to suspend a Member from the House, I now put the Question:  

 

The Question is, that the House suspends Mr C Mweetwa, MP, for a period of thirty (30) days with effect from today, Thursday, 8th April, 2021.

 

As many as are of that opinion say ‘Aye’;

 

Of the contrary say ‘No’; 

 

I think the ‘Ayes’ have it. [pause]. The ‘Ayes’ have it.  The question is resolved in the affirmative. 

 

Mr C Mweetwa, MP, you are, therefore, on thirty (30) days suspension with effect from, today, Thursday, 8th April to Friday, 7th May, 2021. 

 

Further, in accordance with section 28 (3) of the National Assembly (Powers and Privileges) Act, during the period of your suspension, you shall not:

 

(i) enter the precincts of the Assembly and this extends to the National Assembly Motel;

(ii) participate in any activity of the Assembly or any committee that you are assigned in, in your capacity as a Member of Parliament; and

(iii) be paid a salary or allowance that you are entitled to as a Member.

 

 

I thank you.

 

OR

 

As many as are of that opinion say ‘Aye’;

 

Of the contrary say ‘No’; 

 

I think the ‘Noes’ have it. [pause]. The ‘Noes’ have it. The question is negatived.  

 

Mr C Mweetwa, MP, you may resume your seat.

 

I thank you.