Ruling by the Hon. Madam First Deputy - On the Point of Order raised by Mr. A C Mumba, MP, against the Minister of Youth, Sport and Arts, Hon. E C Nkandu, MP, for allegedly misleading the House regarding the Internship Program in his Ministry

RULING BY THE HON MADAM FIRST DEPUTY SPEAKER ON A POINT OF ORDER RAISED BY MR A C MUMBA, MEMBER OF PARLIAMENT FOR KANTANSHI PARLIAMENTARY CONSTITUENCY, AGAINST THE MINISTER OF YOUTH, SPORT AND ARTS, HON E C NKANDU, MP, FOR ALLEGEDLY MISLEADING THE HOUSE REGARDING THE INTERNSHIP PROGRAMME UNDER HIS MINISTRY
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Hon Members, the House will recall that on Friday, 15thOctober, 2021, when the House was considering Question for Oral Answer No.40 and MrD Mung’andu, Member of Parliament for Chama SouthParliamentary Constituency, was on the Floor, Mr A C Mumba, Member of Parliament for Kantanshi Parliamentary Constituency raised a Point of Order. 

In the Point of Order, Mr A C Mumba, MP asked whether the Hon Minister of Youth, Sport and Arts was in Order to mislead the House that the national internship and apprenticeship programme under his ministry would continue when the National Youth Development Council, which was responsible for the programme, had issued a letter indicating that the programme would end on 31st October, 2021. 

Hon Members, in my immediate response, I reserved my ruling in order to study the matter. I have since studied the matter and will now render my ruling. 

Hon Members, in order to address Mr A C Mumba, MP’s, Point of Order, I had recourse to the verbatim record of the proceedings of Friday, 15th October, 2021 pertaining to Question for Oral Answer No. 40 relating to the Youth Internship Programme in Chilubi. Mr R Mutale, Member of Parliament for Chitambo Parliamentary Constituency, asked the Hon Minister of Youth, Sport and Artsa supplementary question on whether the internship programme would be discontinued as stated by the Hon Minister of Health. In response, the Hon Minister of Youth, Sport and Arts stated that the internship programme would continue. It is this response that resulted in Mr A C Mumba, MP’s Point of Order.

Hon Members, I further had recourse to anelectronic copy of the letterreferred to by Mr A C Mumba, MP, in his Point of Order which he sent to the Office of the Clerk using the WhatsApp messaging service. I noted that the letter was from the National Youth Development Council and addressed to all Provincial Youth Development Coordinators.Hon Members, the Council is a public body established under the National Youth Development Council Act, Chapter 144 of the Laws of Zambia. Therefore, the letter that Mr A C Mumba, MP, relied upon in his Point of Order is a public document.

Hon Members,a member who makes reference to a document in the House is required to lay the document on the Table. Standing Order 139 of the National of Zambia Standing Orders 2021has rules regarding the manner a backbencher may Table a public document in the House. It states as follows:

 

“139 Tabling of Public Document by backbencher
(1) A backbencher may table a document provided it is an original document.

(2) A backbencher shall not table a copy of a public document unless the copy has been certified as a true copy of the original document by the relevant head of Government ministry, department or agency that has custody of the original document.”

Hon Members, according to Standing Order 139, a backbencher can only Table a hard copyof a public document which has been authenticated by the Government ministry, department or agencythat has original custody of the document.Mr A C Mumba, MP, did not Table the letter and the letter was neither authenticated as required by Standing Order 139.

In view of the foregoing, the letter is inadmissible and, consequently, his Point of Order is inadmissible.

I Thank You.

Ruling Date: 
Friday, October 22, 2021