COURT DISCHARGES LUBINDA OF BREACHING PARLIAMENTARY PRIVILEGES
THE Lusaka magistrates’ Court has discharged former minister of justice Given Lubinda on a charge of breaching parliamentary privileges.
Magistrate Trevor Kasanda said Lubinda was not taken to Court on time after he flouted parliamentary rules.
Lubinda was facing one count of failure to appear before the parliamentary committee or assembly contrary to Section 11(a) of the National Assembly Act (Powers and Privileges) Chapter 12 of the Laws of Zambia as read with Amendment Act No. 13 of 2016 of the Laws of Zambia.
It is alleged that Lubinda between December 18, 2021 and June 14, 2022, being a person summoned by the Committee on Privileges and Absences of the Zambian National Assembly, failed to appear before the National Assembly when summoned to do so, without reasonable cause at the time and place specified in the summons.
Lubinda had asked the Court to free him on reasons that the period in which he was supposed to be tried has elapsed.
He said Section 219 of the Criminal Procedure Code (CPC) limits the time within which offences that border on breaching parliamentary privileges can be taken to court.
Ruling on the matter magistrate Kasanda said any offence that attracts a fine and a maximum sentence of three months is supposed to be taken to Court within 12 months.
He said the Subordinate Court cannot assume authority to deal with the matter after the period has elapsed but the same does not apply to superior courts.
“This court cannot do anything in accordance with Section 219 of the CPC I have not been satisfied by the State’s behavior of bringing this matter to court late,” magistrate Kasanda said.
He said the delay is a dereliction of duty on the part of the State.
Magistrate Kasanda that in future the State should see to it that they take such matters to Court on time.
“Based on the foregoing I therefore discharge the accused,” said magistrate Kasanda.
Despite receiving the news of his discharge with smiles Lubinda expressed dismay claiming he was deprived of an opportunity to educate the public on parliamentary system.
“Today I have been discharged by the Subordinate Court however this does not give me any joy at all, actually it has denied me the opportunity to do what I wanted to do,”he said.
Lubinda admonished the speaker of the National Assembly Nelly Mutti for suppressing political commentators who give a review on parliamentary affairs.
“The tendency of guaging debate by the opposition members of parliament is wrong. And now you have even extended this to try and gag members of the public from commenting on matters that are in parliament, that in itself is totally unacceptable. For you madam Nelly Mutti to think that you can have members of the public imprisoned because of what they say about you as a person is wrong,”Lubinda said.
He charged that the speaker was not faultless for her to be reactive to criticism.
“When a person insults the institution of parliament that’s different but when a person comments on your conduct that is different you are a human being, you are fallible like any human being there’s no person in this country who’s beyond reproach not even yourself! not even the President!,” Lubinda charged.
“How many people have commented on the Head of State? how many people have told the Head of State that he’s wrong what is so special about you holding the position of speaker ? Who do you think you are that members of the public must not comment on your conduct?”
He said Mutti should keep her conduct in check as she is not the last person to lead the legislative branch.
“Madam Nelly Mutti please come down to earth that position you hold many people have held it before and I can tell you I will repeat what I said again if you want cite me but I am telling you all the years I have lived on this earth, all the time I have been following parliamentarism in Zambia I want to say that this is the worst period that we have seen were opposition members of parliament are told to sit down, to shut up and so on this is the worst time,” he said.
He advised the speaker to be courteous to opposition members of parliament like her predecessors did in the past.
“That institution is not yours madam Nelly Mutti, it is for the Zambian people and you must be willing to be told off when you go wrong, don’t think you are omnipotent because your are not!,”lubinda said.
“So am happy that I have been discharged but if Nelly Mutti wants she can also indict me again so that we go and meet in Court because am very ready for this because the Zambian people must be given the freedom to express themselves.”
The former PF Kabwata member of parliament said the green family will not accept to be subdued.
“We (PF) will not allow that one person in the name of the speaker, she must be listening to what the public are saying about her and when they say things she doesn’t like she must take them to prison no we shall not allow that,” said Lubinda
“PF will not allow that we shall stand up to defend the freedom of expression our forefathers fought for, they paid with blood Madam Nelly rember that.”
Kalemba