Chief Government Parliamentary Whip Brian Mundubile has admitted that the Constitutional Amendment Bill No. 10 2019 lapsed for exceeding it’s the lifespan of six months as provided for understanding orders of Parliament.
Mr. Mundubile who was addressing the media this morning at Parliament Buildings said Bill 10 which was placed on the Order Paper on December 4th, 2019 was meant to be concluded by or before 4th June 2020 during which period the same could not happen as parliament ‘adjourned prematurely’ due to Covid-19.
He said the standing orders committee chaired by Speaker Patrick Matibini yesterday voted to defer the Bill on request from Justice Minister Given Lubinda to a date not later than the last day of the current sitting.
PRESS STATEMENT BY THE GOVERNMENT CHIEF WHIP, HON B
MUNDUBILE, MP, ON THE DEFERMENT OF THE CONSTITUTION OF
ZAMBIA (AMENDMENT) BILL N.A.B. 19 OF 2019, ISSUED ON 25 TH JUNE,
2020
________________________________________________________
Members of the Press, Ladies and Gentlemen, good morning and welcome to this Press briefing.
I would like to shed more light on the deferment of the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 from yesterday, Wednesday, 24th June, 2020, to another date during the course of this Meeting.
Let me begin by reminding you, and through you, the general public that the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019, was presented to the House for First Reading on Friday, 2nd August, 2019. Since it was presented in the Third Session of the Twelfth National Assembly, the Bill lapsed by reason of the prorogation of the House. However, and in accordance with Standing Order 126 of the National Assembly of Zambia Standing Orders, 2016, the House, on Tuesday, 3rd December 2019, resolved to restore the Bill to the Order Paper for consideration at the Second Reading Stage.
Consequently, the Bill was placed on the Order Paper of Wednesday, 4th December 2019 as an Order of the Day. However, during the debate, the Hon Minister of Justice sought leave of the House to defer the consideration of the Bill to a later date. Debate on the Bill was accordingly deferred to a later date.
1Subsequently, on Tuesday, 17th March 2020, the Bill was again placed on the Order Paper for Resumption of Debate on the Bill. Debate on the question was not concluded on that day and spilled over to Wednesday, 18th March 2020.
However, on that day, 18th March 2020, the House adjourned prematurely at the behest of the Members of Parliament, due to the outbreak of the Coronavirus – 2019 pandemic without finalizing the Bill.
Ladies and Gentlemen, at the time of the premature adjournment, the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 was on the Order Paper as an Order of the Day and was not concluded.
Therefore, when the House resumed transacting business on Tuesday, 23rd June 2020, the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019, was placed on the Order Paper, but the debate on the Bill could not resume because the Hon Mr. Speaker had not concluded rendering a Ruling at the time of adjournment.
The Bill was, therefore, placed on the Order Paper again, for the resumption of debate on Wednesday, 24th June 2020.
During the debate, the Hon Minister of Justice sought leave of the House to further adjourn debate to a later date within the current Meeting.
Allow me to point out that the Standing Orders Committee derives its powers from the National Assembly of Zambia Standing Orders, 2016, which in turn derive their authority from Article 77(1) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia. Article 77(1) is expressed in the following terms:
“ 77. (1) Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.”
Pursuant to Article 77(1) of the Constitution, the National Assembly of Zambia promulgated the National Assembly of Zambia Standing Orders, 2016. And the Standing Orders Committee is established pursuant to Standing Order 149 of the National Assembly of Zambia Standing Orders, 2016. Standing Order 149 provides as follows:
“149 (1)There is hereby established the Standing Orders Committee comprising the Speaker, the Leader of Government Business in the House, the Leader of the Opposition, party whips and four other members appointed by the Speaker.
(2) The Speaker shall be the Chairperson of the committee.
(3) In addition to other duties placed upon it by an Order of the Assembly, the Standing Orders Committee shall consider all proposals for the amendments to these Standing Orders.
(4) The Standing Orders Committee shall appoint members to serve on a committee of the House.
(5) The Committee may circulate the reports and recommendations of the committee to members of the Assembly and, if within the prescribed period no objection in writing signed by a member has been received by the Clerk, the reports or recommendations shall be deemed to have 3been approved by the Assembly.
The prescribed period shall not be less than four sitting days if the House is in session and twenty-one days if the House stands adjourned:
Provided that-
(a) On representation from the Speaker that the matter is urgent, the Standing Orders Committee may prescribe a shorter period; and
(b) If an objection is received from a Member within the prescribed period, the Committee may consider the validity of such objection and may either cause the report or recommendation to be brought up for consideration by the House or resolve that the report or recommendation be deemed approved by the Assembly, in which case the report or recommendation shall be deemed approved.”
The current composition of the Standing Orders Committee is as follows:
(1) The Speaker as Chairperson;
(2) Her Honour the Vice-President as Leader of Government Business in the House;
(3) Hon Dr. B K E Ng’andu, MP, Minister of Finance;
(4) Hon J J Mwiimbu, MP, as Leader of the Opposition;
(5) Hon B Mundubile, MP, as Government Chief Whip;
(6) Dr S Musokotwane, MP, as UPND Whip;
(7) Dr J K Chanda, MP;
(8) Mr H Kunda, MP;
(9) Ms M Subulwa, MP; and
(10) Mr D M Kundoti, MP.
The Standing Orders Committee is the highest decision-making body in the National Assembly of Zambia and is charged with the responsibility to consider all proposals for the amendment of the Standing Orders and other Rules of Procedure.
You may wish to know that there is no express provision in the National Assembly of Zambia Standing Orders, 2016 which governs the time within which a Bill must be considered at any one stage of enactment.
Nonetheless, the National Assembly Manner of Putting the Question and Procedural Notes Handbook, which forms part of the Procedures and Practices of the House,
states, at page 11, as follows:
“NB: (a) If a Bill is deferred for six (6) months, it is killed.”
In short, a Bill that has been deferred for six (6) months lapses in terms of Parliamentary practice and procedure. In this case, the Bill lapsed on Thursday, 4th June 2020, having been deferred on 4th December 2019. However, at the time it lapsed, the House was on recess. And had it not been for the premature 5adjournment in the February-March Meeting, the Second Reading Stage could have been probably been concluded one way or another.
Ladies and Gentlemen, in view of the foregoing, the Standing Orders Committee met on Wednesday, 24th June, 2020, to consider the request by the Hon Minister of Justice, to defer further the consideration of the Bill to a date not later than the last day of this Meeting.
Following deliberations by the Standing Orders Committee, it was resolved to extend the life of the Constitution of Zambia (Amendment) Bill, N.A.B 10 of 2019 to a date not later than the last day of this Meeting.
I thank you
Amen thank you UPND and some Independent MPs with morals for supporting the Zambian citizens.ba imbwa imwe wooooooo jail awaits you.
How do you extend a Bill which has died?
The country has become a joke. You can not extend a dead bill and by your own admission its DEAD!
PF has now been caught in their own knickers as the English say.
No MP will come and debt a DEAD bill. This BILL will never come back. Game is over!
debate*
Their comes a time when you dribble yourself….. you thought you would F.OOL everyone in the end you have F.OOLed your selves.
Kwamanaa basa as our Tonga brothers will say
Unprecedented times due to covid and you expected things to go as normal. It has lapsed yes according to the rules of the house.however an application to defer it has been granted. I hope I have explained it clearly to all you evil opposition and diasporans who are allergic to facts. They were even celebrating yesterday like pregnant baboons ati its defeated kikiki desperate chaps
KZ my advise to you mined your language we know you are PF WITH YOUR BILL 10 DEAD but still looking for loop holes to enact it. It is time to inform the nation who the gasser is, the owner of ghost 48 houses, empowering the unemployed youths and 2021 elections. Not bill 10 its dead dead completely gone KZ AT TIMES WHEN YOU MAKE COMMENTS try to look back and see your dislikes. They make me sick because it has never been opposite. Ever since you appeared on this platform your dislikes have been dangerously high my young man. Your comments don’t build, I mean they don’t make any sense at all. Grow up.
Its is illegal to apply to defer a DEAD bill. on 4th June the Bill was dead so which bill did you apply to defer?
I guess Civics 101. was too difficult hence ended up as a lab assistance.
Its as DEAD as the DEAD
Let the DEAD bury the DEAD i man want no go funeral. Livingstone Bunny Wailer
You threw out the UPND petition on time lapse , now how are unashamedly trying to change times that have lapsed on other cases ??
I remember how these same cadres were screaming 14 days is 14 days,including weekends.
@KZ
Let the DEAD bury the DEAD
I man am a living man and i have work to do. I no go funeral.
@ the engineer : the day the dollar die, things are guna be better , the day the dollar die, people will respect each other. The day sammy dollar die ….
@ engineer it is not Livingstone bunny wailer. It is Peter McIntosh. You don’t even know your music mwayiche
@KZ good lucj with the funeral when the DEAD bill comes back….
I am no go funeral
Luck*
Bill 10 lyashi lyamumafi nomba chapwa !
What a big disgrace
The way you rob up the place
Rob everthing you can find
Yes you did
and you’ll even rob from the blind
YOU MUST SEE WANT I FE
COM’A COM’A FUNERAL
AND I NO GO
NO ONE BURIAL
YET YOU WANT I
COM’A COM’A FUNERAL
MAKE YOUR FRIEND COME CLAIM SAY, CLAIM SAY
YOU ARE THE GENI???
NOW WE KNOW THE TRUTH
YES WE DO
FIND YOU
WEARING THE BOOT
OF TAKING PEOPLE’S BUSINESS ON YOUR HEAD,YEAH
SO MIGHT AS WELL YOU BE DEAD
MP Kundoti… That’s a good name.
PF government is full of educated dunderheads and Edgar Lungu is fed with wrong data and infor by Justice Minister without legal background.
Edgar mad, why did he appoint Given Lubinda who with Agriculture management certificate to lead justice ministry.
So the whole bunch of ministers and legal experts are empty tins when it comes to parliamentary procedures.
We told you that Bill 10 is dead.
PF must go!
@KZ you are even so DULL with music…
Written by and originally sung by Bunny Livingstone Wailer
Later sung by by Peter Tosh
Use google to get some knowledge its never too late
What is a government chief whip? When did we start having this in Zambia? Isn’t that the PF chief whip?
ailhouse gets empty, the youth them get plenty
Baton sticks get shorter, the youth them get taller
Can’t fight against the youth now, ’cause that’s wrong
Youth a good, good rootsy
Can’t fight against the youth now, ’cause that’s wrong
Youth a good, good rootsy
Then peego a go lingua, them a roots, roots peego
Then peego a go lingua, right now, them a roots, roots peego
Shake her one time for me, sir, (around the world)
She’s a roots, roots peego
Rock her one time for me, sir, (around the world)
She’s a roots, roots peego
Really laughable…and the Lazy bum Edgar was desparately buying off Chiefs last weekend on his pointless tour.
Bill 10 lapsed on 4th June 2020 and cannot be resurrected. Minister Lubinda should introduce a New Bill in Parliament if he so wishes but must follow due process. Bill 10 of 2019 was “killed” and buried in a Cemetery.Period.
Own goal….as we await VAR final verdict…
Engineer no one listens to Livingstone’s version because the king himself Peter tosh did it better and will always be seen as the rightful owner of the song, because he owned that version and killed it on the vocals. Your taste in music is appalling. Keep copying and pasting lyrics while some of us are here working night and day to ensure another successful election. Kz pabwato
@KZ
We are doing you urgly a.ss a MALAWI
End of the road for PF.Take it easy bane, what goes up has to come down….ask Mutharika.
PF confused with confusion have spent so much money on dead Bill. Now imagine so many issues they’ve been out of touch.
Bill 10 Rest In Peace , PF leaders start buying yourselves jail mattresses, your trump card bill 10 has gone up in smokes.
A country run on procedural drivel. None of these events or discussion have anything to do with what is right or wrong for Zambia.
The National Constitution for God’s sake! And yet the debate is all about procedure in a fancy language no real Zambian or any other person can understand. This party did that, what this or that party did or didn’t do, cap. article, standing order blah blah! Such a shame!
Persians the to this c’rap (para 1): eyes, where is the ball?
So Hon Mundubile admits “…at page 11, as follows: “NB: (a) If a Bill is deferred for six (6) months, it is killed.” In this case, the Bill lapsed on Thursday, 4th June 2020, having been deferred on 4th December 2019. HOWEVER…” , the Standing Orders Committee met on Wednesday, 24th June, 2020 and resolved to extend the life of the Constitution of Zambia (Amendment) Bill, N.A.B 10. So, you used your superior numbers in the committee to defer something they admit died on 4th June? This is a lawless bunch!! If they can do this, just think what abuse the president and the PF controlled parliament will subject Zambian people to if Bill 10 passes.
Seems like we’re right on schedule to removing these PF criminals from office next year. They’ll be voted out next year by a large margin. Many Zambians are sick and tired of PF criminal activities. 2021 is the year of recovery. Zambians will recover their stolen resources from these bandits. It’ll also be a year of massive incarceration. All these PF criminals are going to prison next year. As soon as it becomes clear that they’ve lost the election, seal the borders. Nobody escapes. They’ll have to be arrested immediately so they can answer for all the corruption crimes they’ve perpetrated on the innocent Zambian people. For those who’ve stashed their loot outside the country, don’t worry. We will find it and bring it back to Zambia. Ethiopia arrested close to 60 former…
Seems like we’re right on schedule to removing these PF crim1nals from office next year. They’ll be voted out next year by a large margin. Many Zambians are sick and tired of PF crim1nal activities. 2021 is the year of recovery. Zambians will recover their stolen resources from these band1ts. It’ll also be a year of massive incarceration. All these PF crim1nals are going to prison next year. As soon as it becomes clear that they’ve lost the election, seal the borders. Nobody escapes. They’ll have to be arrested immediately so they can answer for all the corruption crimes they’ve perpetrated on the innocent Zambian people. For those who’ve stashed their loot outside the country, don’t worry. We will find it and bring it back to Zambia. Ethiopia arrested close to 60 former…
Ba PF bapompwe imwe, prepare to go to prison next year. Bonse bamambala muleya ku kalyati next year. We’ll recover everything you’ve stolen from the Zambian people. Bapompwe imwe. As soon as we know that you’ve lost the election, the borders will be sealed so you can’t escape. You’re all going to prison, starting with chief pompwe Lungu.
My legal specialist Sangwa SC will thrash out this matter. Do not bother about those politicians and nonenties trying to do mouth-to-mouth resuscitation of a dead things without a nose. It is at times like this that I believe there is a god after all.
To save face PF realised that Bill 10 was unpopular and they don’t have the Numbers in Parliament to pass the Bill into Law so they deliberately let it lapse. That was their smart way of “killing” Bill 10. It is almost impossible to resurrect this dead Bill.Now that Bill 10 is dead expect some new tricks from desperate PF. They know that they cannot win 2021 Elections thru a popular vote so they are scheming how to retain power thru some other means. Recent devts in Malawi are worrying PF Strategists but they will never give up on retaining power.Time will tell.
Never interrupt your enemy when he is making a mistake.
Napoleon Bonaparte
UPND WAS JUST WATCHING THEM CAMPAIGN FOR BILL 10 KANSHI TIME INACHITA ELAPSE.
BRAVO UPND AND SOME PROGRESSIVE INDEPENDENT MPs.
The energies, man hrs and brains pf is spending on this bill 10 if instead spent on adresing, eg, the sanitation issue in kanyama wat a huge diference it wd make to pipos llives.bt spendig so much energies on bill 10 jst for the sake of one man…
Mr mudubile sure. The bill expired on 4th Jun u shd hv extended it on or b4 4th june. After it hs expired then u cme and extend it on 24 jun that which oredy expired on 4th jun. My brother mudubile sure.this is comig frm yo mouth? I think someone in pf is setting up the president to embaras him. This is unbelievable.
I can’t understand pf.hw cme they misd such an obvious deadline of 4 june. Is it may b having too many things to do or wat. The entire pf team none saw the deadline. It must be a joke. With all these pipo goig round the country promoting bill 10 yet none was aware of the deadline and yet mudubile is admitting the deadline nw. The issue of extending time after the deadline doesn’t make sense and its null and void. it shd hv bn b4 the deadline if pf wantd to extend
In Malawi, 10 political parties came together to kick out the incumbent. In Zambia you want to kick out the corrupt while you are divided. Hakainde stole from privatization. Mumba has been found guilty by the courts from stealing Embassy money. Kambwili’s corruption is the PF corruption were as Minister he also got rich by sharing in govt tenders. All these have no credibility. And each wants to be president now. And you think you can remove a corrupt & criminal PF govt like this?
Caught napping or caught offside. Bill 10 is gone.
An inexperienced NOMINATED Hon Dr. B K E Ng’andu, MP, Minister of Finance is a member of this committee which in many Commonwealth countries comprises seasoned MPs. The UK SOC has more opposition MPs than governing party.
The minority parties are over represented. No wonder the party in government always has its way.
We need an independent comment from the senior citzens like Sc John Sangwa, Leslie Mbulo, Simon Zukas etc.
KZ needs psychotic treatment to be normal. Note; he has tangent views on every story that come on this site. His comprehension of issues in discussion is poor and imanciated. He qualifies as a guinea pig for diagnostic training. Since he is in UK but thinks positively is in Zambia is one evidence of being MAD. A normal human being thinks strait, A dead thing (or dog) is dead to KZ its alive. Kaizer Ze zulu while in UK hallucinates as advisor to Edigar Chagwa Lungu. KZ will be sectioned and put in isolation for his and other people’s safety. KZ is a danger to everyone
Let the House debate and Vote. Chapwa. We wish to hear those logical and those illogical debates about the contents of the bill. Let it be defeated by debate and not by members of parliament walking out. Law makers were elected to make or break laws and not to abscond proceedings of parliament.
KZ,IS NOT A NORMAL *****.HE IS A CANT ASS
Own goal….expired is expired like 14 days or the “alleged expired Prime TV licence”. Bob Marley’s small axe song lyrics….” Playing smart & not being clever”. The adjournment in March was to circumvent the impending vote loss in parley…. now back to square one. Same difference so to speak.
@Engineer, I think you are ignorant…you really don’t know what parliamentary procedure is all about. Reread Hon. Mundubile’s statement and get an appreciation of what he’s saying. Don’t be emotional bwana, everything has time. Be objective in your contributions, don’t let your emotions overtake you.
You can’t be opposing anything and everything as long as its coming from the government in power. Lets be mature in our thought life. It would be interesting to hear your comments on the Standing Committee composition…
Safe to say “bill 10 was brought in dead” finito.
Oh ok…….clear as mud.
Waiting for next round…….
Our Party PF was very sloppy in handling
Bill 10. They knew Covid 19 is with us so why didn’t Minister Lubinda write to the Speaker of Parliament requesting that Bill 10 be deferred on or b4 June 4, 2020?It is untenable to argue in Court that a Dead Bill be resurrected 20 days after it died. Lubinda and Mundubile messed up big time. Legally and Procedurally Bill 10 is dead and cannot be retabled in Parliament in its current form during this current Sitting.