GARY Nkombo has written to Speaker of the National Assembly Patrick Matibini over justice minister Given Lubinad’s “contempt of the House and breach of parliamentary privilege”.
In his letter dated 22 May 2020, the Mazabuka Central UPND member of parliament says Lubinda’s continued utterances that debate on Bill 10 would continue once the sitting of the House resumes pre-empts and undermines the Speaker’s ruling on the issue.
“I write to officially lay a complaint before you, Mr Speaker, against Hon Given Lubinda, the Honourable member of parliament for Kabwata Constituency and Minister of Justice, regarding his utterances as quoted in the media regarding National Assembly Bill Number 10 (“Bill 10”) despite there being a pending ruling over the same,” he stated. “Mr Speaker, you will recall that before the House adjourned sine die on 18th March, 2020, I had raised a point of order regarding the continued debate by the House of Bill 10 in the face of court proceedings that have been commenced in the Constitutional Court which relate to one of provisions which is subject of Bill 10. On that occasion Sir, you retired to consider the matters raised in my point of order before returning to adjourn the House sine die without delivering any ruling on my said point of order.”
Nkombo said in that regard, “your ruling, Mr Speaker, is still pending and as such parliamentary practice and privilege demands that all members of the House desist from discussing, debating or otherwise making any innuendos in relation to the matters subject of the pending ruling aforementioned.
“It has thus come to me with a sense of deep concern that the Honourable Minister Mr Lubinda has issued and continues to issue running commentary on the continued debate of Bill 10 which he claims will continue once the House resumes sitting, notwithstanding the pending ruling,” he said.
Nkombo said Lubinda was quoted by the News Diggers on May 7, 2020 saying the debate on the bill would continue once sitting of the House resumes, “thereby pre-empting and undermining your ruling on the issues”.
“In my considered view, the utterances by Honourable Lubinda, if correctly reported by the said newspaper, are prejudicial to the proceedings of the House and are intentionally disrespectful of you, Mr Speaker, given the aforementioned circumstances,” said Nkombo. “To this end, I write to seek redress against Hon Lubinda pursuant to Section 19 and 28 of the National Assembly (Powers and Privileges) Act Chapter 12 of the laws of Zambia as amended by the Act No.13 of 2016. I further seek your indulgence, Sir, that you direct all other persons, be they members of parliament or otherwise, to desist on making running commentaries on the process of enactment of Bill 10 pending delivery of your ruling on the point of order raised as allowing them to do so has the potential to demean the processes of this August House. I look forward to your further guidance on the subject matter of this letter and indeed on the point of order raised once parliament resumes sitting on the 9th June, 2020 as announced by the Clerk of the National Assembly recently.”
Parliament is set to resume deliberations next Tuesday.