Mazabuka Central Member of Parliament Gary Nkombo is seeking to challenge Speaker of the National Assembly Patrick Matibini’s ruling on internal proceedings of a political grouping saying he contradicted himself on the matter.
Earlier this month, Nkombo raised a point of order on powers and privileges seeking to protect three PF MPs who were asked to exculpate themselves for failing to vote for Bill 10.
Speaker Matibini ruled that the matter was a subject of internal proceedings of a political grouping.
But Nkombo pointed out in a letter to the Clerk of the National Assembly that UPND secretary general Stephen Katuka was summoned by the Committees on Privileges, Absences and Support Services to exculpate himself for allegedly threatening two MPs.
He said the Speaker’s, ruling therefore, contradicted the action taken earlier by the House.
Nkombo is seeking one-third of the House to endorse the challenge to the Speaker’s ruling.
“The above captioned matter refers thereby wish to challenge the decision of the Speaker on a matter of conflicting rulings as follows: Section 23(d) of the National Assembly (Powers and Privileges) Act states: “Any person shall be guilty of an offence who threatening letter,”-which is the case now-“or challenges any member to a fight, on account of his conduct as such member.” On this premise, Patriotic Front (PF) Secretary General Davies Mwila wrote letters to Hon. Dr. Frank Ng’ambi, Hon. Eulario Musonda and Hon. Kabaso Kapampe to exculpate themselves for failing to vote for Bill 10,” he said.
“As a result of Mr Mwila’s act, Monze Member of Parliament Jack Mwiimbu raised a point of order in relation to the Patriotic Front (PF) Secretary General’s letter to three named MPs asking them to exculpate themselves as to their failure to vote for Bill 10. Presiding over the matter, Chairperson Hon. Catherine Namugala ruled as follows: ‘Unless, of course, as you have said, you can show evidence that those particular Hon. Members are being punished for what they have done in the House while enjoying their privileges, as Hon. Members of Parliament’ Arising from the above ruling, Hon. MP for Mazabuka Central Hon Gary Nkombo raised a point of order pursuant to the National Assembly (Powers and Privileges ) Act Cap 12 of the Laws of Zambia and adduced evidence, as guided. Ruling of the First Deputy Speaker on the same matter as highlighted above.”
Nkombo stated that the Speaker’s ruling created procedural crisis adding that he was left to wonder which ruling would bind future decisions.
“In delivering a ruling, Speaker Matibini said: ‘These letters you are bringing here are a subject of internal proceedings of a political grouping. It is work in progress. I am also alive to the fact that we do not have strict rules of loci standi, but I am left to wonder why we have these Busy bodies.’ In view of the above, I wish to state that the speaker’s ruling contradicts the earlier as such creates a procedural crisis as we are left to wonder which ruling shall bind future decisions. Further, refer to the point of order raised by Kanchibiya MP Hon,” stated Nkombo.
“Dr. Martin Malama on December 5th, 2019, in which he quoted an item reported by the Zambia Daily Mail, alleging that United Party for National Develeopment (UPND) Secretary General Hon. Stephen Katuka had issued threats to two Honourable MPs, namely, Prof. Geoffrey Lungwangwa and Teddy Kasonso on how they decided to deal with the Constitution of Zambia(Amendment) Bill No. 10 of 2019. Based on this point of order, Hon Katuka was summoned by your Committees on Privileges, Absences and Support Services to exculpate himself. Prayer: I therefore seek a one-third of the House to endorse the challenge to the Speaker’s ruling forthwith.”
