Zambian Parliamentary Procedures Under Scrutiny Amidst Calls for Constitutional Integrity
In a detailed letter addressed to the Speaker of the Zambian National Assembly, Hon. Nelly Mutti, Professor Edgar Ng’oma has raised significant constitutional concerns regarding the recent management of parliamentary procedures. In his letter dated October 25, 2024, Ng’oma, a Zambian philosopher and governance expert, expresses his dismay over what he perceives as a disregard for the democratic foundations enshrined in Zambia’s Constitution. The heart of Ng’oma’s appeal is a call for renewed adherence to Standing Orders, which are essential in maintaining accountability and transparency within the parliamentary system.
Standing Orders, as Ng’oma points out, are more than mere procedural guidelines; they are critical to the legislative framework, fostering orderly debate, decision-making, and discipline in the National Assembly. They offer a consistent structure for all parliamentary processes, ensuring members can effectively represent their constituents while upholding the institution’s credibility. However, Ng’oma emphasizes that these rules have recently been unilaterally imposed without the customary debate, a shift from Zambia’s long-standing tradition of inclusive parliamentary rule-making.
Professor Ng’oma’s letter argues that such changes undermine the democratic ethos by limiting parliamentarians’ freedom to represent their constituents effectively. The imposed Standing Orders, he states, restrict speech, constrain representation, and lead to discord, as evidenced by recent boycotts and legal challenges. Moreover, he fears the move may result in long-term damage to the legislative process and overall public trust, as the imposed rules fail to resonate with the unique needs and challenges faced by Zambian lawmakers.
The concerns extend beyond procedural discontent; Ng’oma reflects on the historical context of Zambia’s parliamentary structure, which, for over a century—including decades under colonial rule—has been governed by rules collectively debated and agreed upon. He warns that disrupting this tradition risks eroding the principles that support the autonomy and effectiveness of the legislature. Such a deviation, he notes, weakens the institution’s moral authority and may create a perception of parliamentary governance driven by external impositions rather than collective consensus.
Highlighting the potential outcomes of unilaterally imposed rules, Ng’oma predicts increased polarization among members, erosion of institutional autonomy, and a loss of public trust. “Rebellion or boycott,” he notes, is a likely response from members who feel disenfranchised by rules that limit their role and representation. Moreover, Ng’oma warns that these issues may escalate to public outcry and legal contests, which could lead to further damage to the National Assembly’s reputation.
Beyond the implications for parliamentary function, Ng’oma’s letter also brings attention to the stance of President Hakainde Hichilema on constitutional adherence. He recalls the President’s frequent emphasis on the importance of transparency, accountability, and morality in governance, stressing that public officials are accountable to the Zambian people for their actions and must uphold constitutional mandates. According to Ng’oma, the President’s recent comments have hinted that those failing to uphold these principles could face individual accountability, a warning that resonates given the constitutional controversies currently surrounding the National Assembly.
Ng’oma’s letter arrives in the wake of a High Court ruling that reversed the nullification of nine PF parliamentary seats a situation that, in his view, signals the need for improved procedural governance within the assembly. He asserts that this ruling underscores the importance of maintaining a consistent and constitutional approach to legislative affairs, avoiding actions that might compromise the integrity and image of the National Assembly.
In closing, Ng’oma calls on Speaker Mutti and her deputies to exercise leadership in a way that honors Zambia’s democratic principles. His appeal includes a recommendation for regular review and inclusive debate over Standing Orders, ensuring they align with members’ needs and the interests of the Zambian populace. He encourages revisiting these orders with transparency and respect for traditional practices to restore the public’s confidence in the National Assembly’s work.
Ng’oma, a philosopher and governance fellow, articulates his message as one grounded in democratic principles rather than personal bias. Through this open appeal, he calls on Zambian parliamentary leadership to reflect on their role in safeguarding democratic values, ensuring the National Assembly operates within constitutional parameters, and upholding the trust vested in them by the Zambian people.
