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UPND MPs were in order to walk out on Bill 10, rules Matibini

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SPEAKER of the National Assembly Dr Patrick Matibini has ruled that the three UPND members of parliament who walked out of the House before Bill 10 could be restored, were not out of order, despite participating in the National Dialogue Forum.

On December 3, 2019, Zambezi East UPND member of parliament Brian Kambita, his Lukulu East and Kapiri-Mposhi counterparts Christopher Kalila and Stanley Kakubo, respectively, walked out of the House out on First Deputy Speaker Catherine Namugala in disagreement to the motion.

This was right before Deputy Speaker Namugala asked the remaining members of parliament whether or not they agreed to the motion, which was still resolved in the affirmative via a simple majority.

But on December 4, 2019, as MPs were debating head number 52 relating to the Ministry of Water Development, Sanitation and Environmental Protection, Deputy Chief Whip and Kabwe Central PF member of parliament Tutwa Ngulube rose on a point of order, asking the Speaker to determine whether or not his colleagues, who had walked out of the House the previous day were in order.

“Thank you, Sir, for allowing me to rise on this important point of order affecting the affairs of this nation. The people of Zambia are aware that there is a very important process that this House is mandated to undertake and that is to approve the Constitution of Zambia Amendment Bill Number 10. Mr Chairperson, we are aware that more than 16 UPND members of parliament participated at the National Dialogue Forum (NDF) and earned allowances at the expense of the people of Zambia. As a House, we are elected to pass laws. Sir, throughout the process, these 16 members of parliament earned allowances, some for more than 12 days and others for more than 17 days. I believe that the people of Zambia elected all of us to pass laws and not to do politics. Sir, when the Committee was appointed to scrutinize the Bill that came from NDF, again, five members of UPND sat on the Committee and earned allowances. Mr Chairperson, we are aware that if an individual is a member of a Committee, they cannot vote against their own Bill, they cannot walkout or even protest against their own Bill. Sir, are the following members of parliament in order not to refund the people of Zambia the money they earned on the pretext that they were helping the government or the people of Zambia to pass the Constitution?” asked Ngulube.

“Mr Chairperson, were the following members of parliament in order to have walked out of parliament yesterday when their report was supposed to be tabled: Mr B. Kambita, MP; Dr C.K. Kalila, MP, and Mr S.K. Kakubo, MP. They were actually five, but honourable Kasonso and honourable Prof Lungwangwa decided to do the correct thing by sitting in the House, while three of them decided to go against the standing orders. These were members of the Select Committee, where they in order? I will now read the list of the members of parliament that participated at the NDF to come up of with the Constitution of Zambia Amendment Bill Number 10. These are as follows: Mr R. Bulaya, MP; Mr L. Fungulwe, MP; Mr S. Kakukubo, MP; Dr. C. Kalila, MP; Ms. C. Kasanda, MP; Mr. T. Kasonso, MP; Ms. P. Kucheka, MP; Mr D.M. Kundoti, MP; Mr. Liefu, MP; Mr V. Lumayi, MP; Mr. M. Mubeka, MP; Mr M. Mukumbuta, MP; Ms. S. Bulyata, MP; Mr. S. Mutaba, MP; Mr C. Nanjuwa, MP; and M. Ndalameyi, MP.”

In his immediate response, Second Deputy Speaker Mwimba Malama, sitting as Chairperson of the Committee of Supply, reserved his ruling to enable an investigation in the matter to be conducted.

And delivering the final ruling after the investigations, Dr Matibini ruled that the affected MPs did not have to refund government for the allowances they drew during the NDF because they participated in the entire Forum.

“Honourable members, the point of order by Mr T. S. Ngulube raises the following issues: firstly, whether members of the UPND, who were part of the National Dialogue Forum, were in order not to refund the government the money they earned as a result of the their participation in the NDF, and two, whether it was in order for the three members of the Committee tasked to consider the Constitution of Zambia Amendment Bill Number 10 of 2019 to walk out of the Assembly when the report was supposed to be tabled in the House. I wish to confirm that all the members mentioned in Honourable T.S. Ngulube MP’s point of order, except for Dr. C.K. Kalila, MP, attended the NDF. Honourable members, as to whether members of the UPND, who attended the NDF, should refund government the money, which they earned as a result of their attendance, you may wish to note that the basis of paying members was their attendance at the NDF as provided by law. In this vein, there is, therefore, no basis upon which UPND members, who attended the NDF, should refund the money because they walked out on the motion to restore the Constitution of Zambia Amendment Bill Number 10 of 2019 was being considered,” Speaker Matibini ruled.

“Honourable members from the outset, let me state that the question that was before the House on the material day and time was whether the Constitution of Zambia Amendment Bill Number 10 of 2019, which lapsed as a result of the prolongation of the National Assembly on August 2, 2019, could be restored on the order paper. In this regard, contrary to Honourable T.S. Ngulube’s assertion in his point of order, the House was not considering the report of the Parliamentary Committee appointed to scrutinize the Bill. Thus, the question whether or not it was in order for the members to vote against their report by walking out did not even arise.”

And ruling on whether or not the three MPs were out of order to have walked out of the House, the Speaker ruled that the lawmakers’ walkout was a means through which they could express their displeasure on an issue affecting the House or the governance of the country.

“As regards a member walking out of the House, I have previously ruled on various occasions that a boycott or a walkout is a conventional means through which a member of parliament can express his or her displeasure on an issue affecting the House or the governance of the country. Honourable members, in view of the foregoing, the members of the UPND, who walked out when the House was considering the motion to restore the Constitution of Zambia Amendment Bill Number 10 of 2019 on the order paper, were, albeit inexplicably so, expressing their displeasure or disagreement to the restoration to the Bill on the order paper. Therefore, the three members of the Select Committee, who walked out during the consideration of the motion to restore the Bill on the order where not out of order. I thank you,” ruled Speaker amidst a rapturous cheer from UPND MPs present in the House.

Bayport Introduces DDACC To Recover Monies, Owing To Govt’s Failure To Remit Workers Deductions

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By Staff Reporter

Bayport Financial Services has introduced the DDACC system to recover money owed to the institution by civil servants, in view of government’s failure to remit workers deduction since mid-2019.

And Bayport is closing several branches across the country, including the Kariba Branch along Cha Cha Cha road, whose last operating day is tomorrow, in an effort to make their operations lean and centralised in light of the harsh economic climate.

Well placed sources in the institutions told Daily Revelation that the company decided to introduce the Direct Debit and Credit Clearing (DDACC) system, where money meant for the financial institution is deducted directly by banks from the civil servants bank account where they receive their pay.

The sources said the financial institution had over 100,000 customers working for the government, and was owed close to K400 million at the last time of checking, saying the lack of government remittances has had a negative impact on its operations.

The sources said as part of an effort to make the institution’s operations lean and centralised, 69 workers had recently gone on voluntary separation, while some branches will be closed, including the one on Cha Cha Cha road.

“Mainly it’s the workers who have served for a long time that have gone on voluntary separation, because even if they had not opted for voluntary separation, management would have come up with compulsory separation, because they really want to make the operations lean,” the sources said.

Government owes Bayport and other financial institutions millions of Kwachas for failing to remit monies it has been deducting from civil servants that got loan facilities from financial institutions.

The Civil Servants and Allied Workers of Union of Zambia (CSAWUZ) has pleaded with the government to release monies deducted from its members and remit it to banks and financial institutions among them, Bayport Financial Services where they acquired loans.
Speaking with Daily Revelation recently, union president Davy Chiyobe disclosed that because of the government’s failure to remit money deducted from its members, some of them had been referred to the Credit Bureau and blacklisted.

He said when the union learnt of government’s failure to remit loan deductions for its members to banks and financial institutions last year, they wrote to then Finance Minister Margaret Mwanakatwe but she failed to address the matter.

“We wanted the minister to show direction but she lamentably failed. She never responded. We tried calling her nothing. No appointment. She lamentably failed,” he complained.
The union urged the government to start remitting the money as this would enable them to access loans which they could not do without.-Daily Revelations

Using ACC To Settle Political Scores Shows How Rotten PF Has Become, Says Panji Kaunda

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By Patson Chilemba

The fact that ruling PF officials are admitting that party members use the Anti-Corruption Commission (ACC) to settle political scores shows how rotten PF has become, says party member Colonel Panji Kaunda.

Speaking with Daily Revelation on the attacks on the ACC by PF Lusaka Province secretary Kennedy Kamba that the commission must be disbanded for being used by party members to settle political scores against each other, and by the opposition to settle scores against ruling party members, Col Panji said if the commission had a problem, then it was emanating from the PF as a party, who had not given it the autonomy to operate independently.

He said the ACC had the right to investigate cases that were brought before them, be it from the ruling or opposition members as long as there were elements worth investigating in the matters brought before them. Col Panji said in the UNIP days there used to be what was called as the leadership code to put a curb on public officials so that they refrained from stealing while in public office.

“It shows how rotten we have become as a party that we are using the ACC to settle scores. It seems that if we agree with what Kamba is saying, we will be doing exactly what MMD did when they destroyed the apparatus such as leadership code and CITAD,” Col Panji said. “It doesn’t mean that every case taken to ACC must end up in conviction. The ACC is mandated to investigate corruption.”

Col Panji said PF leaders must not fear being investigated by ACC and other investigate wings, saying they were actually going against their own manifesto with their attacks, as they were supposed to be in the forefront strengthening and encouraging investigate wings.

“We as a party should give backing to the ACC. We must encourage them if necessary to even investigate the President. As far as I am concerned ACC should investigate as long as citizens take cases to them. If we are fighting for positions in the party and taking matters to ACC, it is us to stop that and not the ACC,” he said.

Speaking with Daily Revelation, ruling PF Lusaka provincial secretary Kennedy Kamba said the ACC must be disbanded because it has failed to serve the wider interests of the Zambian people, as it has allowed itself to be used by politicians to fight their political battles. He said politicians in the ruling party were using the ACC to fight their own enemies, while those in the opposition United Party for National Development (UPND) were also using the Commission to fight members of the ruling party.
“I don’t want to mince my words, they should be disbanded because it (ACC) has been turned like a tool which is being used by politicians to fight political opponents. It is happening in the opposition and it is happening in the ruling party,” Kamba said “This is why I believe and I will continue saying that this ACC must be disbanded because it is not acting on its own, it’s being used as a tool to fight or to bring down other political enemies against each other, be it opposition or the ruling party.”

And Col Panji said information minister Dora Siliya should stop encouraging murder for saying that police should shoot to kill, saying there was nothing in the police training manual that said they must shoot to kill people. He said the only time a police officer could use a firearm was when their life was in danger, and that even then they should only shoot to maim and not to kill.

“Dora Siliya is advocating for murder. You can’t kill someone. It is definitely wring. In most countries police officers don’t even have guns,” said Col Panji. -Daily Revelations