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]