Wed, 14 Jun 2017 10:48:54 +0000
By OSCAR MALIPENGA
SPEAKER of the National Assembly Dr. Patrick Matibini has referred Mr. Hakainde Hichilema’s prima facie case of contempt against the office of the Speaker to the Inspector General of the Zambia Police Service Kakoma Kanganja for investigations and possible prosecution by the Director of Public Prosecution Likando Kalaluka.
This is in a case in which on Tuesday, March 23, 2017, the Mast Newspaper published an article which contained disparaging remarks against the Speaker.
Based on the article, Mwansabombwe Patriotic Front (PF) member of Parliament Rogers Mwewa, raised a point of order asking whether Mr. Hichilema was in order to demean Dr. Matibini and the House by his disparaging remarks as reported in the Mast Newspaper article.
Kawambwa PF member of Parliament Nickson Chilangwa also raised a point of order asking whether Mr. Hichilema was again in order to continue making disparaging and contemptuous remarks about the Speaker during the 18:30 hours news on Muvi TV.
Rendering a ruling on the floor of the House yesterday, Dr. Matibini informed the House that points of order by Mr. Mwewa and Mr. Chilangwa raise a prima facie case of contempt against the office of the Speaker which is punishable under section 19 of the National Assembly (Powers and Privileges) Act.
“All members will recall that in my ruling of 23rd December, 2011, on a point of order for Kawambwa constituency, whether people should be allowed to insult the integrity and decorum of the Speaker, who is the head of this honourable House, Mr. Hichilema was found to have attacked the decision of the Speaker in relation to the debate by then minister of Lusaka province Miles Sampa and impeached the integrity and authority of the Speaker to make decisions without undue influence which action amounted to a prima facie case of breach of parliamentary privilege and contempt of the House,” he said.
Dr. Matibini said during the same time Mr. Hichilema committed grave breaches which warranted prosecution under the provisions of the National Assembly (Powers and Privileges) Act, Cap 12.
“However, I graciously elected to counsel Mr. Hichilema and urged the public to desist from unduly attacking the House and the office of the Speaker or engage in conduct that is likely to result in the breach of parliamentary privilege and contempt of the House,” Dr. Matibini said.
He said in 2014, he again warned Mr. Hichilema and other leaders of political parties against issuing disparaging remarks to the office of the Speaker.
“In the light of continued disparaging remarks being made by Mr. Hichilema, I have since referred the matter to the Inspector General of the Zambia Police Service for investigation and possible prosecution by the Director of Public Prosecution in line with section 27 of the National Assembly (Powers and Privileges) Act, which provides as follows:
“27. No prosecution shall be instituted for an offence under this Act except by the Director of Public Prosecution upon information given to him in writing by the Speaker,” Dr. Matibini said.
Meanwhile, the Speaker ruled that Patriotic Front (PF) members who were chanting slogan during President Lungu’s special address to Parliament were clearly out of order as it was against the
Parliamentary etiquette.
