Members of Parliament, MPs, are called honourable because for being in the House they deserve honour, great respect if you like. Yes, honourable is a title given to MPs simply because it is believed they have high moral standards. Now one thing is clear that in Zambia’s parliament today, there are some people who fall far short of this description. Telling a lie on the floor of the House surely is not honourable, far from it. But this is what happened on Friday March 15, 2013 soon after Justice Minister Winter Kabimba moved the motion to remove former President Rupiah Banda’s immunity from prosecution.
Patriotic Front, PF, Lupososhi MP Chungu Bwalya was the first to support the motion and by the time he was through with his debate, it was already cast in his mind that the former president was guilty as laid down in the motion. He debated intelligently except that he told one big, big lie – “We have seen the removal of immunity from a former President of this country. Former President Kenneth Kaunda was arrested, detained and was put under house arrest over the alleged missing of a book from State House”, he said. It was very shameful for the Lupososhi legislator to lie in the manner he did, talking to the nation through Parliament Radio and Zambia National Broadcasting Corporation, ZNBC, television as though he was merely addressing a campaign rally in his constituency. For some reason non of the opposition MPs present stood on a point of order. But even the Speaker Patrick Matibini seemed not to realise that the MP for Lupososhi had just told a lie. Or did he just ignore it and thought it would pass without notice by even people watching by television and listening in by radio? From outside parliament, I am asking the Speaker, was the MP for Lupososhi in order to tell such a big lie and debate in a fashion as if he was addressing a campaign rally? I need your serious ruling Mr. Speaker. One however can only hope that some opposition MP from the Movement for Multi-Party Democracy, MMD, or the United Party for National Development, UPND or even the independents can raise a point of order in this regard when next parliament sits.
MPs from both sides of the House ought to have their facts right. It is a very well know fact the only reason Kaunda was thrown in prison by the Frederick Chiluba MMD administration was because of his alleged links to the October 27, 1997 coup attempt and not the stolen book for which he was questioned soon after leaving office. Kaunda was arrested on Christmas day in 1997 by Emmanuel Lukonde who was then deputy commissioner in-charge of criminal investigations at Zambia Police Headquarters. He was picked up from his Kalundu residence then by a team of heavily armed paramilitary and plain clothes police officers led by Lukonde and taken to police headquarters where he was briefly questioned for his alleged involvement in the Captain Solo coup attempt. He was arrested and subsequently taken to Kamwala Remand Prison where he spent a night before being flown by Zambia Air Force, ZAF, helicopter to Kabwe’s Mukobeko Maximum Security Prison the following morning. An indefinite state of emergency, giving the Head of State far reaching measures, with a curfew running from 20 hours to 6 hours was already in place and the question of Kaunda’s immunity did not arise. Through a provision called the Preservation of Public Security the Chiluba MMD regime had sweeping powers to arrest and detain any one suspected to have been part of the coup attempt. Now does it mean that the MP for Lupososhi as well as the Speaker were on that day not aware of these plain facts or is it that they were blurred by the events of that afternoon because they had a pre-determined agenda? Well, I guess only time will tell.
I also do not think it is in order for an honourable MP to boast about how he is going to enjoy his gin and tonic as a result of the motion being passed. One may tend to think that it is very possible that the so called courage to speak on the floor of parliament comes from the in-take of such a combination of drinks at intervals while the House is in session. It would therefore not be far fetched that you think one honourable MP has gone to the cloakroom to do the needful when in fact it is to drink gin and tonic. In my view the legislator for Kabwata Given Lubinda was not in order. Lubinda boasted while on the floor supporting the motion, “As for me I shall break my alcohol fast tonight”. Thank God Speaker Matibini told him, “That is personal”. But Lubinda went on, “I shall enjoy my gin and tonic tonight”. I would not be surprised if Lubinda debates on the floor of the House under the influence of alcohol as these few words he uttered speak volumes of someone who deserves honour. No wonder there may be more bars and nightclubs than schools, churches and youth recreation facilities in Kabwata constituency!
Let me now bring in the debate by Ephraim Belemu MP for Mbabala. In my view I feel he was unfairly treated by the Speaker on two occasions. This is my opinion which am entitled to and I will let you judge for yourself. Belemu had his doubts from the word go. His debate went as follows:
Mr Belemu (Mbabala): Mr Speaker, I thank you for this opportunity to debate this very important Motion that is before us today. I have had to use the help of a television to see the face of the hon. Minister of Justice as he moved this Motion and I have arrived at a very safe, albeit unfortunate position. I do not trust him or his words. Mr Speaker, this is important because what is under discussion is a very serious matter. I have three reasons why I do not agree with the Motion that is on the Floor of the House today. Firstly, by now we have a record of the Patriotic Front as party in Government. We cannot trust them because they have abused a number of already existing laws and a number of innocent citizens. Mr Speaker, allowing the immunity of Mr Rupiah Bwezani Banda to be removed, under the Executive of the Patriotic Front Government, would be subjecting and allowing Mr Banda to be in the hands of a Government that has got a record of abuse of human rights.
Hon. Government Members: Where?
Mr Sampa interjected.
Mr Speaker: Order!
Mr Belemu: Mr Speaker, they have even abused the powers of the President to appoint Ministers from among Members of Parliament. As we heard earlier in the day, they confessed and called it “poaching”. They are talking about abuse of human rights. It is the naked truth, as we heard and saw this morning. For instance, Hon. Nkombo is nursing a fractured arm that he sustained in a police…
Mr Speaker: Order! Hon. Member for Mbabala, sit down for a moment, I need to provide some guidance.
You are free to debate how best you think you can represent the people of Mbabala. However, one of our fundamental rules is relevance. As much as you may want to buttress your submissions with examples, I would urge you to bear in mind the Motion before us. I think it is important that you bear this particular Motion in mind and try to be as close and focused to it as possible. You may continue.
Mr Belemu: Mr Speaker, I was underlying the fact that they cannot be trusted with the former president, whose immunity…
Mr Mwaliteta: On a point of order, Sir.
Mr Speaker: A point of order is raised.
Mr Mwaliteta: Mr Speaker, I thank you for according me this opportunity to raise a point of order. Mr Speaker is the speaker in order …
Mr Speaker: Order! The Speaker?
Mr Mwaliteta: I beg your pardon, Sir. Is the hon. Member debating in order to say that appointing Members from the Opposition to Government is an abuse of office? I need your serious ruling, Sir.
Hon Government Members: Hear, hear!
Mr Speaker: Order! I think that we need to be very careful how we characterise some of these issues. I mentioned earlier today that we have different perceptions and interpretations of these actions. Others have argued very strongly about the latitude that is available under the Constitution, including some political arguments, and there are also conflicting positions on the subject. In all fairness however, let us try and approach the subject matter, as much as it is emotive, in a very objective sense so that we do not make it a source of controversy. Once again, let us focus on the Motion before us. The hon. Member may continue.
Mr Belemu: Mr Speaker, I was underlying the fact that handing a former president, without immunity, to this particular Government would be as good as handing him to a Government that has already decided his fate. We have seen various abuses of individuals in this country and I am sure that they have been looking for an opportunity to do the same to the former president. This is one of our worries. They admitted this and have been speaking about it, and it would appear therefore that they want to use us to remove his immunity so that they abuse him also, unless they can prove to us otherwise. It is important that this provision in the Constitution is not abused by those who are in Government today whenever they have a personal vendetta to settle.
Mr Speaker, I would have been happier and actually supported this Motion on the Floor, if it was talking about removing the immunity of all those who have held the Office of President including the current one in this country, so that we settle this matter once and for all. Whether they like it or not, now,we have a pattern and they will have themselves to blame if the current President’s immunity is also removed and brought before this house at some future date. It sounds very good today that we can talk about immunity of the former President alone, but we do not want this pattern to continue. As for me, I would have wanted this country to have a fresh start. We are worried and concerned with level of abuse of the current Government to individuals, institutions, offices and sadly even provisions within the law. So, if we allow them to use this opportunity to vent their anger or whatever they have to settle with Mr Rupiah Banda, it will be unfortunate. That is why, as a person and as a representative of the people of Mbabala Constituency, I am opposed to their motion.
Secondly, Sir, whatever arguments they are advancing today, I think it is also immoral for PF Government, especially, to be the ones that bring the motion proposing removal of immunity of former President Rupiah Banda. It is immoral because their hands are contaminated themselves.
Hon. Government Members: Aah!
Mr Belemu: Among themselves they have been accusing each other of corruption as to who is more corrupt than the other …
Mr Speaker: Hon. Member for Mbabala, may you sit down.
Interruptions
Mr M. H. Malama: He has nothing to say!
Mr Speaker: Sir, I have said before and not long ago about how we should treat each other and avoid these generalisations. There is a specific motion here. I think I am saying this for the third or fourth time, addressing hon. Members over the same issue. There is a motion. If you are for or against, state it in simple plain terms give your reasons without these insinuations. You may continue.
Mr Belemu: Thank you, Mr Speaker, for your guidance. In very simple and straight forward terms, this Executive has on a number of occasions breached the Constitution. That is why I am saying that it is immoral for them to be the one to talk about removing the immunity of other people when they also are in need of their immunity to be removed. Sir, I wish not to take too long on the Floor. This is a serious matter which we need to reflect very seriously even as we make a decision.
In conclusion, the PF Government has demonstrated a total lack of fidelity, and I am using the word “fidelity” to mean loyalty to this country. I think the previous disregard of various institutions or various provisions in the law is enough reason for us to question the motive behind what they are proposing to do today. I have made an undertaking to be very brief …
Hon. Government Member interjected
Mr Speaker: Let the hon. Member conclude, please.
Mr Belemu: Mr Speaker, it sounds alright today to them but let me summarise by saying that the dice is cast and time is ticking and their moment of truth will come very soon. Their time is coming. They sound excited today, but some of them, very soon and very soon indeed, will face the music of this same law that they are trying to use today against others.
I have just given you three scenarios of what happened in Parliament on August 15, 2013. One MP telling a very big lie, another one boasting about breaking the alcohol fast and the other being focused on his debate in spite of interruptions by PF MPs and of course curtailing by the Speaker. As distinguished men and women MPs must be alive to the fact that when they talk in parliament they are not addressing political rallies where they may do donchi kubebas on people as many times as they please. Parliament is serious business not a place to tell lies and get away with it. It is not a place to boast about how one will drink his gin and tonic. Let’s be serious!
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