A SIMPLE CHATGPT SEARCH TELLS YOU THAT, YOU CAN’T PROSECUTE MPs AND THE SPEAKER FOR DOING THEIR CONSTITUTIONAL JOB IN PARLIAMENT- Tayali

By Chilufya Tayali

A SIMPLE CHATGPT SEARCH TELLS YOU THAT, YOU CAN’T PROSECUTE MPs AND THE SPEAKER FOR DOING THEIR CONSTITUTIONAL JOB IN PARLIAMENT
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The problem is that many people don’t read in Zambia, including those who are educated.  This is why they keep losing cases and blame it on our courts.

Lusaka Lawyer Celestine Mukandila and Munir Zulu have commenced contempt of court proceedings against Attorney General Mulilo Kabesha, Speaker Nelly Mutti and all MPs for presiding over and participating in Bill 7 proceedings, which the Constitutional Court ruled to be unconstitutional.

Others cited include Minister of Justice Princess Kasune, First Deputy Speaker,Honourable Attractor Malungo Chisangano, MP, the First Deputy Speaker of the National Assembly.

However, in Zambia, MPs enjoy certain privileges and immunities that allow them to perform their legislative duties freely, without fear of intimidation or interference. These protections are provided under the Constitution of Zambia, the National Assembly (Powers and Privileges) Act, and parliamentary tradition.

1. Freedom of Speech in Parliament

MPs have immunity for anything they say during parliamentary proceedings.
This means:

They cannot be sued (for example, for defamation) for statements made on the floor of the House.

They cannot be arrested or punished for expressing political opinions during debates.

This immunity applies only within Parliament or its committees, not outside.

2. Immunity from Arrest During Sessions

MPs have limited immunity from arrest while Parliament is in session, except in serious cases.

They cannot be arrested in civil matters (e.g., debt-related issues) during:

A sitting of the National Assembly

The period 5 days before the sitting

The period 5 days after adjournment

However, this does NOT protect them from criminal arrest.

3. No Immunity from Criminal Prosecution

Unlike the President, MPs do not have constitutional immunity from criminal cases.

If an MP commits a criminal offense—such as corruption, assault, theft, etc.—they can be arrested, charged, and prosecuted.

Parliamentary privilege does not prevent criminal investigations.

The only protection is that police must avoid arresting MPs inside the parliamentary precincts without the Speaker’s permission, out of respect for Parliament’s independence.

4. Privileges Within Parliament

MPs also enjoy:

Protection from interference in the performance of their duties

The right to unfettered access to Parliament

Certain protocol security considerations

Any attempt to intimidate, arrest, or interfere with an MP’s work without following proper procedure can be treated as contempt of Parliament.