Wed, 29 Mar 2017 12:35:59 +0000
By OSCAR MALIPENGA
HOWARD Kunda is still a Member of Parliament for Muchinga constituency under the MMD ticket and therefore in order to be in the House because he has not crossed the floor as provided for under article 72 (2) (d) of the Constitution, Speaker of the National Assembly Dr. Patrick Matibini ruled yesterday.
On Friday last week, leader of the opposition Jack Mwiimbu rose on a point of order, saying that in a complaint letter addressed to the Speaker against UPND MPs, Mr Kunda signed the letter as a Member of Parliament for Muchinga constituency under the Patriotic Front (PF) party.
Mr. Mwiimbu further submitted that in terms of article 72 (1) and (2) of the Constitution Mr. Kunda had crossed the floor by joining the PF.
Mr. Mwiimbu’s point of order sought to establish whether or not Mr. Kunda was in order to remain in the House after crossing the floor and proceeded to lay the letter on the table.
But rendering his ruling, Dr. Matibini explained that in line with parliamentary practice and procedure, the Office of the Clerk of the National Assembly wrote to Mr. Kunda requesting him to confirm whether or not he had joined PF.
“In his (Kunda) response, the member said that he had not resigned from the Movement for Multi-party Democracy (MMD), the party that sponsored his election to the House in 2016.
“Thus, he was still a member of the MMD and holding the party position of deputy national secretary,” he said.
Dr. Matibini said Mr Kunda explained that the reference to the PF in the letter was a mere typographical error.
“I find the explanation given by Mr. Kunda reasonable and acceptable. In any event, it is common knowledge that there has been no by-election in Muchinga to warrant Mr. Kunda being a new Member of Parliament for Muchinga constituency under the PF ticket.
“In view of the foregoing I am satisfied that Mr Kunda is still a Member of Parliament for Muchinga constituency under MMD ticket and therefore in order to be in the House because he has not crossed the floor as provided under article 72 (2) (d) of the constitution,” Dr. Matibini ruled.
