SPEAKER of the National Assembly Amusaa Mwanamwambwa has warned members of Parliament against disassociating themselves from decisions made in the House.
Mr Mwanamwambwa said every member is bound by the decisions of the House.
“It is therefore a breach of privilege for a member to publicly disassociate himself or herself from a decision of the House,” he said.
He said this in his ruling on a point of order raised by Southern Province Minister Daniel Munkombwe.
Mr Munkombwe raised a point of order on yesterday’s Post newspaper article attributed to Nkana MP Mwenya Musenge titled “Musenge Urges Citizens to Petition Government over Proposed ZNBC Amendment Bill”.
In the article, Mr Musenge is alleged to have said that: “If need arises, we shall engage the support of the international community and we shall soon get signatures and mobilise people to petition Government against the law.”
Mr Mwanamwambwa said under the current Constitution, there is no legal power vested in the people to petition a bill.
He, however, said under Article 1(3) of the Constitution, a member of the public may challenge the constitutionality of an Act of Parliament before the High Court of Zambia under Article 72.
Mr Mwanamwambwa said Article 72 (2) provides that an appeal from the determination of the High Court on any question of law including the interpretation of the Constitution shall lie to the Supreme Court.
He guided that under Article 27 of the Constitution, 30 members of Parliament can petition the Speaker within three days of a bill being passed by the National Assembly, for a report on its constitutionality.
Mr Mwanamwambwa said the Speaker, upon receipt, refers the petition to the Chief Justice to constitute a tribunal to determine the matter.
This process, he said, may result in the non-enactment of a bill, which is inconsistent with the Constitution.
In the same article, it is alleged that Mr Musenge stated that “Actually, this bill and many others which the MMD want to be in place before the 2011 elections must be stopped because they will just put more pressure on the suffering Zambians.”
Mr Mwanamwambwa said in the above statement, “it is clearly being inferred that laws are made by the MMD. This is incorrect because laws are enacted by the House.”
He said Mr Musenge should have exercised his right under Article 27, to challenge the enactment of a bill, instead of resorting to the press to condemn the bills being passed by the House.
“In the light of what I have stated, it is therefore not in order for an honourable member to disassociate himself or herself from the decisions of the House. It is never done, and this must stop forthwith,” Mr Mwanamwambwa said.
[Zambia Daily Mail]
“Mr Mwanamwambwa said under the current Constitution, there is no legal power vested in the people to petition a bill.”
so does it mean those in parliment are machines or what type of species are they to be disqualified as a person or people? or did he imply a member of the public or simply put citizen? on one hand a person can petition while on the other hand mwanamwambwa is saying no. the ugliness of LAW
Laws are enacted by the house with a majority of mmd mp’s who can never vote against a bill no matter how bad it is as long as it is going to prolong their stay in govnt,meanwhile you have opposition mp’s who are also sympathetic and loyal to the president just like dogs are loyal to their master,so at the end of the day mmd makes laws
Good guidance Mr Speaker, simply put the people of Zambia through their elected representatives make laws for EVERYBODY TO FOLLOW regardless of political affiliation. Only the same people of Zambia through their elected representatives can change or vary those laws.
We elect representatives to represent us but once in parliament they became dogs and their loyalty shifts to the OWNER of DOGS. The master dispite protests/demonstrations tells his dogs to enact laws that are against us. Mwanamwambwa dont cheat us, very few parliamentarians are representing us most of thm are representing The dog owner or pockets. Zambians,Beware of Dogs in parliament!
Katie Good
you are not making sense at all,better go back to the story about mangani investigating sata where you embarrassed yourself
This Dinosour s departure is long overdue his inconsistency and biasness is frightening to say the least
What about G Kunda dissasocitng himself from the house s decision to lift FTJ s immunity?
“He guided that under Article 27 of the Constitution, 30 members of Parliament can petition the Speaker within three days of a bill being passed by the National Assembly, for a report on its constitutionality.”
OK, somebody explain this to me. If, according to the Speaker, members of parliament cannot disassociate themselves from a bill passed by parliament, why have the provision for them to petition the Speaker? Something is not adding up for me here.
It seems to me that Article 27 is there because the law recognizes that not everybody will agree with decisions of the House all the time. And there doesn’t seem to be any provision that says an MP can only disassociate him/herself privately from the decision of the House.
OK I am not a lawyer. Lawyers please talk.
All *****ic party stooges from mmd will pay for all the atrocities they have committed against innocent Zambians. The stupid laws you are making today will haunt you because your children will be victims of your stupidity. Kindly own up and be bald enough to challenge all the crap that you being subjected to. Today is a gift but tomorrow is a mystery and you do not know which side of politics you will find yourself in (ruling party or opposition). Kindly make laws that will benefit and be appreciated by all people. We have witnessed so much shit from most of our MPs.
mwanawambwa..its true..its mmd..