NELLY MUTTI REPORTED TO ACC FOR ABUSE OF OFFICE
ABUSE OF OFFICE BY THE SPEAKER OF NATIONAL ASSEMBLY- MADAM NELLY
The Laws of Zambia enjoin the Anti-Corruption Commission to probe matters of abuse of authority of office by a public officer.
I have no doubt that the Speaker of the National Assembly, Ms. Nellie Butete Kashumba Miti, is a public officer.
The chronological order of events regarding the PF Leadership in the National Assembly are in public domain but for the avoidance of doubt, I hereby list the events.
(a) On the 25th October 2023, a latter was written by the Patriotic Front informing her that Matero Member of Parliament was expelled from the Party and that his seat should be declared vacant.
A copy of the letter is hereby attached for ease of reference.
(b) The expelled member of Parliament for Matero Constituency illegally appointed Mr
Morgan Ngona as Secretary General of the Patriotic Front,
(c) Mr Morgan Ngona purportedly wrote a letter to the Speaker of National Assembly of Zambia informing the speaker of the changes made in the office of the Leader of the Opposition and Patriotic Front whip in Parliament and purporting to appoint Mr Robert Chabinga Member of Parliament for Mafinga Constituency and Mr Anthony Mumba , Member of Parliament for Kantanshi Constituency respectively as Leader of the Opposition in Parliament and Opposition Whip respectively.
It will be noted that this is from the background that in June, 2023, the Speaker of the National Assembly was written to informing her that the Patriotic Front Party had substituted Hon. Miles Sampa MP with Hon. Sydney Mushanga MP as representative of the Party in the Pan African Parliament, but the Speaker ignored the said letter and
the instructions contained therein.
(d) On the 30th October 2023, the Patriotic Front Members of Parliament through the office of the Leader of the Opposition wrote a letter to the speaker informing her that there were no elections conducted to elect the Leader of the Opposition by the Patriotic Front Party as provided for under Article 74 of the constitution of Zambia and the National Assembly Standing Orders Number 43 and 44 (Standing Orders 2021).
(e) After the Patriotic Front learnt of Mr Ngona’s letter, the substantive Secretary General of the Patriotic Front, Mr Rapheal Nakachinda wrote a letter on the 31st October 2023 to the speaker of the National Assembly informing her that there were no changes in the offices of Leader of opposition, Patriotic Front whip and deputy whip.
The copy of the letter is hereby enclosed for ease of reference.
(!) On the 31sOctober 2023, the Speaker acting through the clerk of National Assembly in total defiance of the information provided and Article 74 (2) responded to the letter sent through the office of the Leader of the Opposition disregarding the information provided.
(g) After receipt of these documents, the Speaker in total disregard of Article 74(2) of the constitution went ahead and recognised Mr Robert Chabinga as Leader of opposition.
Sir, the Law, in accordance with Article 74 (2) of the Constitution, is clear that a person only assumes the office of Leader of the Opposition after an election by members of Parliament of the opposition political party with the largest number of members of Parliament.
The members of Parliament are on record informing the speaker that there was no election held to choose a new Leader of the Opposition.
The Patriotic Front through the office of the Secretary General, Mr Raphael Nakachinda, further informed the speaker that no changes had been made in the office of the Leader of the Opposition, opposition PF Whip and Deput PF whip.
This shows that the speaker acted contrary to the provisions of the Constitution when she
effected changes in the offices of Leader of Opposition.
This act constitutes an act of abuse of office by a public officer.
Accordingly, I request your office to look into this matter and I do so in my quest to, in the
preservation of our institutions of governance, restoration of the democratic space, which is shrinking rapidly.
Mutotwe Kafwa MP