By Sakwiba Sikota
Courts sometimes overturn their judgements. I suppose this is the reason that Honorables Jack Mwiimbu and Cornelius Mweetwa have vowed that following the meeting of the Standing Orders Committee that they will take the decision to the Courts if Bill Ten is re-tabled in this Parliamentary sitting.
I imagine that the two Members of Parliament had an exchange along the following lines and Cornelius is only publicly vowing to go to Court on the insistence of his superior.
After the deferment of Bill Ten was not objected to following the Standing Orders meeting extending the life of Bill Ten, Cornelius excitedly asked Jack, “Boss what was the Standing Orders meeting you had before today’s sitting about?”
Jack revealed, “They said that they wanted to extend the life of Bill 10.”
Cornelius pressed on, ” What do you mean extend its life?”
Jack proffered, “There is a provision in the Parliamentary handbook which says that Bills should be completed within six months.”
Cornelius inquired, “But Senior Counsel, who made the Order to begin with?”
Jack with a hint of irritation retorted, “Young man you are also a lawyer, obviously it is the Standing Orders Committee as their function is to examine matters pertaining to the variation of parliamentary procedure, customs and traditions.”
Wide eyed Cornelius asked, “Are you sure Parliament can Constitutionally make its own procedure?”
Rolling his eyes back Jack tutored Cornelius, “Have you not read Article 77 of the Constitution?”
Embarrassed Cornelius answered, “of course I have read it…… but please remind me, …… what does it says?”
looking at Cornelius incredulously, Jack stated, ” I know Article 77. (1) off by heart and any lawyer worth his salt should also memories it. Article 77 (1) of the Constitution says, ‘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.’. Everybody knows this!”
To make sure he understood Cornelius asked, “So, if it wants, the National Assembly can use Article 77 in regulating its procedures to suspend anything in the Parliamentary Handbook or any Standing Order?”
Shaking his head Jack answered exasperatedly “Yeees.”
Enlightened Cornelius mused, “Just like we often do when we say we are suspending Standing Orders?”
Jack with a triumphal sense answered sarcastically, “Riiight!”
As soon as Jack gave this answer something he could not quite lay his finger on was tingling at the back of his brain and left him unsettled.
As a light bulb started to flicker in Cornelius’ head he asked, “so you participated in the meeting called to extend the life of Bill Ten?”
An irritated Jack blurted back, “YES I PARTICIPATED! SO WHAT !!?”
Cornelius seized on the opportunity to roll back his eyes as Jack had done to him earlier and disdainfully said, “By participating you waived your right to object to the jurisdiction of the Standing Orders Committee on the matter. I just hope you did not vote.”
With lessening confidence Jack volunteered, ” I voted against but the majority agreed and voted for. What was I to do?”
Cornelius staring disbelievingly at Jack exclaimed, “You should have used the UPND final solution!”
A very unsure Jack asked, “What? What ….. what do you mean our ‘final Solution’ ?”
Mimicking the irritated tone Jack had used on him Cornelius retorted back, “Our leaders have given standing instructions that if it looks like a democratic vote will go against us we must not participate but we should use the Final Solution and walk out! Now what shall we do?”
Tentatively Jack said without much conviction, “Inspite of our having unanimously agreed to have the Bill Ten second reading debate deferred when the matter came before the entire House, we can take the matter to Court. Even if we do not win the case we would have tied up the matter in Court hopefully until the next election.”
Cornelius asked, “And what will we be asking the Court to say?”
You could almost hear his brain ticking as Jack took a few seconds putting together the question they would ask the court to resolve and finally offered, “We would ask them to rule that it is unreasonable for any body to suspend any Order or Rule on the basis that the Covid 19 has brought about an unforeseen disruption to the normal way of doing things.”
With renewed confidence Jack excitedly added, “We would ask the Court to censure the Speaker and Standing Orders Committee and declare that anybody suspending Orders or Rules on the basis of Covid 19 is not only wrong but is also extremely unreasonable, ignorant, ridiculous, absurd, irrational, irresponsible and even perverse!”
Cornelius with a very condescending tone responded, “Under Article 18 of the Constitution of Zambia which deals with the Protection of the Law in sub Articles (10) and (11) provides that Court proceedings will be open to the public. It also says that those facing criminal charges must be brought before court every fourteen days if they are in custody and all judgements and Rulings must be delivered in open Court.”
Jack clearly perplexed responded, “Of course I know what the Constitution says. What is the relevance of that?”
Cornelius with a genuine sense of disbelief slowly and deliberately informed Jack, “The Courts have since March this year released several memorandum on precautionary measures on the Corona Virus suspending some of the provisions in Article 18 including not allowing the public to attend Court hearings!”
Jack in an unsure tone ventured, “We don’t need our cadres to come and hear the case and so it’s okay even though the Courts have made those new regulations. What’s your problem?”
Even as Jack asked this he got a sense of an unsettling premonition overcoming him.
Cornelius with a look of extreme frustration and horror exclaimed, “If you take the extension of Bill Ten debate to Court and ask the questions you mentioned for the Court to declare that anybody suspending Orders or Rules on the basis of Covid 19 is not only wrong but is also extremely unreasonable, ignorant, ridiculous, absurd, irrational, irresponsible and even perverse , you will in effect task the Court to nullify its own Orders!”
