Now UPND MPs cry  foul over Article 31 

Thu, 13 Jul 2017 10:13:12 +0000

By Chikumbi Katebe

IT IS unconstitutional for the National Assembly of Zambia to convene to approve the declaration of  a threat to public emergency as provided for under Article 31 in the absence of 46 UPND Members of Parliament from the House, says UPND secretary general Stephen Katuka.

Mr Katuka filed a writ or summons for the interpretation of Article 31 (2) to question the decision by the Speaker of the National Assembly to go ahead and debate the proclamation in the absence of the suspended UPND MPs from the House.

“That on the evening of 11th July, 2017, the Speaker of the National Assembly called to session the Motion of the National Assembly to approve by resolution, the aforesaid proclamation on the absence of the 46 Members of Parliament for the UPND.

“That I am reliably informed and believe that it is unconstitutional for the National Assembly for purpose of passing a resolution to approve the declaration mentioned above in the absence of the suspended UPND Members of Parliament,” he said.

He said the decision by the Speaker to convene the session for the aforesaid was ill-conceived in order for the opposition to be defranchised from participating in matters of national importance such as the approval of the precursor of the State of Emergency.

They have since applied for the Constitutional Court of Zambia for the interpretation of Statutory Instrument No. 53 of 2017 as per proclamation of 5th July, 2017. “The matter of the decision, action or measure whatsoever by the Speaker of the National Assembly and or the National Assembly to invoke the provisions of Article 31 (2) of the Constitution of Zambia (Amendment) Act No 2 of 2016 in the absence of the 46 Members of Parliament for the United party for National Development (UPND,” he submitted.