MPS HAVE FREEDOM OF SPEECH & DEBATE & ENJOY IMMUNITY FROM LEGAL PROCEEDINGS OVER STATEMENTS MADE ON FLOOR OF THE HOUSE : THE CASE OF MUNIR ZULU VS. THE ACC SUMMONING
The news that Anti-corruption Commission (ACC) has summoned Munir Zulu, the sitting MP for his debate and allegations on the floor of the House that he once bribed some ACC officials is shocking.
Shocking and surprising in the sense that does’nt the ACC aware of the provisions of the National Assembly (Powers and Privileges) Act which immunises the MPs from civil or criminal proceedings over their debates or statements on the floor of the House?
Isn’t the ACC not aware that MPs enjoy freedom of speech and debate in the House which is not liable to be questioned by any court or institution outside the Assembly/House?
If we read Section 2 of the Act, it stresses that there shall be freedom of speech and debate in the Assembly. Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly
Further, Section 4 guides that No civil or criminal proceedings may be instituted against any member for words spoken before, or written in a report to, the Assembly or to a committee thereof or by reason of any matter or thing brought by him therein by petition, Bill, resolution, motion or otherwise
Parliamentary privilege is a legal immunity enjoyed by members of legislatures in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties (Wikipedia)
Unless there is another provision being applied by the ACC to summon Munir Zulu, the summons are illegal and a violation of the National Assembly (Powers and Privileges) Act.
Even if Munir Zulu violated Standing Order 53(1)(content of Speech) by making a non factual and unverifiable facts, contrary to the provision of the standing order which requires that *member (MP) shall, in debating any matter, ensure that the information he or she provides to the House is factual and verifiable, it cannot be the role of ACC to censure Munir Zulu but the Speaker.
Therefore, to avoid unnecessary attacks on the ACC, let the ACC drop the summons esp if they are based on what Munir Zulu said while debating on the floor of the House.
Munir Zulu has no case to answer. He is an innocent as he is immunized by law from any prosecution over his statement on the floor of the House.
I submit
McDonald Chipenzi