SPEAKER of the National Assembly Nelly Mutti has ruled that Public Accounts Committee (PAC) chairperson Warren Mwambazi should recuse himself from presiding over the meetings if indeed he has an interest in one of the companies summoned by the committee.

Speaker Mutti says Mwambazi, who is Bwana Mkubwa Independent member of parliament, can, however, continue to participate as an ordinary MP during the consideration of the Auditor-General’s queries on the procurement of COVID-19 materials.

The Speaker was ruling on a point of order raised by Mufulira PF member of parliament Golden Mwila on whether Mwambazi was in order to continue chairing meetings of the committee when a company he is alleged to have an interest in has been summoned to appear before PAC in connection with the supply of COVID-19 items to the Disaster Management and Mitigation Unit (DMMU).

In her ruling, Wednesday, Speaker Mutti noted that the Parliamentary and Ministerial Code of Conduct Act provides that a member shall not speak in the National Assembly, or in a committee, on a matter in which he has a direct pecuniary interest unless he has disclosed the nature of that interest to the Assembly or that Committee.

“Hon Members, the Point of Order raises the issue of a Member having a pecuniary interest in a matter before the House or a Committee vis-a-vis their participation in proceedings on the matter. Hon Members before I proceed, let me acquaint the House with background information on the Point of Order. As was indicated in the Point of Order, PAC commenced sittings on Monday, 28th February, 2022, to consider the Report of the Auditor-General on the Audit Report on the Utilisation of COVID-19 funds from July, 2020 to October, 2021. During its sitting, the Disaster Management and Mitigation Unit (DMMU) was summoned to appear before PAC, to provide clarity on some of the irregularities raised in the Auditor-General’s Report regarding utilisation of the COVID-19 funds. However, some of the queries were not clarified by representatives of DMMU. In this regard, the Committee resolved that the contractors who had supplied the COVID-19 materials should be requested to accompany the DMMU representatives when they next appeared before PAC. It is in this regard that, Mr Mwila, MP, raised the Point of Order,” she said.

“Hon Members, the Parliamentary and Ministerial Code of Conduct Act, Chapter 16 of the Laws of Zambia, and our own Standing Orders provide guidance on the subject of a Member having pecuniary interest in a matter before the House or a Committee. In this regard, section 5 of the Act provides as follows: “5. A Member shall not speak in the National Assembly, or in a committee thereof, on a matter in which he has a direct pecuniary interest unless he has disclosed the nature of that interest to the Assembly or Committee”. Further, Standing Order 155 of the National Assembly of Zambia Standing Orders, 2021, augments this statutory provision on the requirement for a Member to disclose pecuniary interest, as it provides as follows: “155. (1) A member shall not, in the House or in a committee of the House, vote upon any matter in which he has a direct or indirect pecuniary interest”.”

Speaker Mutti said the member was therefore required to disclose his or her pecuniary interest in any matter under consideration at the earliest possible time to avoid conflict of interest.

“Furthermore and appropriate to this case, Standing Order No. 171 (2) gives guidance on the manner that a Chairperson should preside over meetings of a committee. It states that: “171. (2) The committee chairperson shall act fairly and impartially in discharging the duties of chairperson.” Hon Members, the import of these authorities is that a Member, in the House or Committee of the House, is required to disclose his or her pecuniary interest in any matter under consideration at the earliest possible time in order to avoid conflict of interest. Upon declaring of such interest, that Member is not precluded from participating in the proceedings of the House or a Committee on the matter. However, where such matter is subjected to a vote, our Standing Order No. 155 prohibits the Member having a pecuniary interest from voting on the matter,” she said.

Speaker Mutti ruled that if Mwambazi indeed had an interest in one of the companies summoned by PAC, he should recuse himself from presiding over the PAC meetings based on Standing Order 171 (2).

She however added that Mwambazi could continue to participate as an ordinary member of parliament during the consideration of the Auditor-General’s queries on the procurement of COVID-19 materials.

“Hon Members, in view of the foregoing, if, indeed, Mr Mwambazi, MP, has a pecuniary interest, whether direct or indirect, in one of the companies that have been summoned to appear before PAC, as alleged, then Mr Mwambazi, MP, is obligated to disclose that interest to the Committee. Further, once the interest is declared, Mr Mwambazi, MP, will not be precluded from participating in the proceedings of the Committee. However, in the event that a question is put to a vote, he will be precluded from taking a vote on that matter. Finally, if, indeed, he has an interest in one of the companies summoned by PAC, then based on Standing Order 171 (2), Mr Mwambazi, MP, should recuse himself from presiding over the PAC meetings, but continue to participate as an ordinary Member of Parliament, during the consideration of the Auditor-General’s queries on the procurement of COVID-19 materials,” ruled Speaker Mutti.