*NATIONAL ASSEMBLY HAS POWERS TO SUMMON, ORDER, INVITE ANY PERSON TO ANSWER OR APPEAR BEFORE IT OR ITS COMMITTEE AND HAS POWER TO CHARGE ANY PERSON.
I have read some SENTIMENTS arguing that NATIONAL ASSEMBLY has no POWERS to SUMMON anyone who is not a member of Parliament.
This is in reaction to my earlier post on the need for Cde Chanda Kabwe and Raphael Nakacinda to Cooperate with the Assembly or a committee
To the contrary to those sentiments, the National Assembly (Powers and Privilege) Amendment Act No. 13 of 2016 read together with the principal Act of 1965 empowers the Assembly to summon, order, invite any person to appear before the Assembly or a committee and also inquire into offences and met a charge on any person.
Section 9 A stresses that; Subject to the Constitution, the Assembly has the POWER and JURISDICTION necessary to inquire into an act or omission, matter or thing, amounting to contempt of Parliament contrary and or in contravention of standing Orders and rules of parliamentary practice and procedure
Section 10 guides that the Assembly or a Committee may order a person to attend and or appear before it while Section 11 empowers the Assembly or a committee to summon any person.
Failure to respond to the summons attracts a penalty under section 11 A which startes; A person summoned by the Assembly or a committee who fails without reasonable cause to attend before the Assembly or the Committee at the time and place specified in the summons commits an offence and is liable upon conviction to a fine not exceeding ten Thousand penalty units or imprisonment for a term not exceeding three months or to both
Section 28(4) further guides that if a person commits contempt of Parliament, the Speaker shall order that person to appear before the Assembly and the Speaker shall, upon attendance admonish or reprimand the persons at the Bar of the Assembly…the case of Antonio Mwanza and Lovemore Kanyama.
Lastly, section 28 C instructs that the proceedings for an offence against the Assembly may be instituted by the Assembly ordering the accused person to answer a charge or appear before the Assembly or a committee
Further the section stresses that if the person summoned fails, without reasonable cause, to answer to the charge or appear before the Assembly or a committee, the Assembly or a committee may proceed to determine the matter
From the foregoing and my engage with cdes Raphael Nakacinda and Chanda Kabwe, it is clear that the National Assembly or a committee is in order to summon them.
However, with Cde Kabwe, he contends that no letter of invitation or summon has been submitted to him in accordance with section 28C(2) which states that the order summoning a person to answer a charge or appear before the Assembly or a committee shall be signed by the Clerk, and personally served on the person summoned, with particulars, in writing, of the matter constituting the alleged office
For cde Raphael Mangani Nakacinda, he has been served with the summons but declares his unavailability to appear before the Assembly or a committee.
The law is clear and it is up those summoned to respect The law or breach it and face the consequences.
I submit
McDonald Chipenzi