PARLIAMENT HAS IT’S OWN POWERS, WE DON’T NEED ANY INTERFERENCE FROM ANYBODY – SPEAKER
DEPUTY Speaker of the National Assembly Attractor Chisangano says despite Bill 7 being challenged in court, Parliament remains guided by its Standing Orders and requires no interference from external authorities in its proceedings.
Her response followed a point of order from Minister of Home Affairs and Internal Security Jack Mwiimbu, who questioned whether political leaders were in order to institute contempt proceedings over Bill 7.
On Thursday, Lusaka Lawyer Celestine Mukandila and Munir Zulu commenced contempt of court proceedings against Attorney General Mulilo Kabesha, Speaker Nelly Mutti and all MPs for presiding over Bill 7 proceedings, which the Constitutional Court ruled to be unconstitutional.
Rising on a Point of Order in Parliament, Friday, Mwiimbu questioned whether political leaders were in order to threaten MPs and pursue contempt proceedings against Bill 7.
“Madam Speaker, I rise on a very serious Constitutional Point of Order, arising from Article 61 and 76 of the Constitution of Zambia. Madam Speaker, Article 61 states that the legislative authority of the Republic lies with this House, Parliament. Article 76 states and I would like to quote: ‘A Member of Parliament has freedom of speech and debate in the National Assembly and that freedom of speech shall not be questioned in a court or tribunal.
Two, a Member of Parliament shall have the powers, privileges, immunities as prescribed.’ Madam Speaker, I’ve noted with concern statements that are being made by leaders of certain political parties in the Republic and individuals who have taken the matter to court, alleging that all the members of this House, including yourself, Madam Speaker, have committed contempt of court for we’ll be debating Bill 7. Madam Speaker, the Constitution of Zambia is very instructive that nobody in this Republic, including the courts of law, can question me on how I debate, how I vote on a matter before this House,” said Mwiimbu.
“I have today’s (Friday’s) News Diggers! A very respected newspaper. They have quoted that ‘Munir, Mukandila launch contempt proceedings against government and against Parliament over Bill 7.’ And yesterday (Thursday), one of the leaders of the Patriotic Front, Honourable Chishimba Kambwili, was threatening that whenever they come back in power, whenever, I don’t know when, they’ll ensure that these Honourable Members of Parliament will be arrested.
Madam Speaker, these individuals who are threatening Members of Parliament who are exercising their legislative authority, and those who have taken matters to court, are they in order to abuse the court process and abuse us and mislead the public when we are protected by the Constitution of the Republic of Zambia? Are they in order to interfere with the operations of Parliament by making such statements and proceeding to take matters to court when you, Madam Speaker, ruled that there is no authority in this Republic that can stop the proceedings of Parliament? Are they in order to continue making such statements?”
In response, Chisangano stressed that the House operates independently under its own rules and required no external interference.
“Is this matter before the courts? So, because the matter is already in court, there is no way we can talk about a matter that is already in court. However, like what the Honourable Minister mentioned, there are three arms of government. [The] Legislature or the Parliament, we’ve got our rules, we’ve got our procedures, we manage our affairs, so really, we do not need interference from anybody because we’ve got the powers to make or to run our Parliament using our rules or the Standing Orders. So, since the matter is in court, I’ll end at that, but what we should know is that Parliament has got its own powers, its own rules, and the Standing Orders to make sure that Parliament is moving. We don’t need any interference from anybody, that is all I can say for now since the matter is in court,” said Chisangano.
News Diggers
This is a classic case of separation of powers of the 3 arms of Government; Executive, Legislature and Judiciary. Here, the Legislature or Parliament is asserting its autonomous authority to make laws. At the same time, the Judiciary is also exercising its authority. However, the Judiciary will not be able to enforce the application for contempt of Court of its Judgment. The ConCourt should have waited for the Bill 7 to pass through Parliament, and said it had no jurisdiction to hear the application. This is a very good example and precedent case of separation of powers for students of law where the Judiciary cannot impose its authority on the Legislature.