Speaker Matibini’s Ruling Against Antonio Mwanza, Annoys Dr Chishimba

Former Patriotic Front(PF) Kasama Central Member of Parliament Saviuor Chishimba is shocked by the ruling of the Speaker of National Assembly of Speaker  Patrick Matibini, against Antonio Mwanza of Forum for Development and Democracy(FDD) over a comment he made on the huge allowances that MPs get per day of sitting.

Matibini found Mwanza guilty of publishing false information on the emoluments of Parliamentarians on  his Facebook page.

“Mr Mwanza your conduct of  publishing slanderous, libelous and misleading information regarding the payment of parliamentarians was a breach of parliamentarians’ privilege and contempt of the house,” Dr Matibini said,” I now order you to unreservedly apologize for publishing false and unsubstantiated information published in the Daily Nation.”

 

But Dr Chishimba who is United Progressive People(UPP) leader  said there was nothing libelous about   Mwanza who is a  citizen, speaking on the hefty pay of politicians in a democratic society. “It is true that a day’s sitting allowance per MP is around a take home pay month for a police constable.

 

Undeniably, some MPs are in several committees and allowances accrue from each committee within minutes when meetings are taking place at the same hour – they literally sit for minutes in one committee meeting and move to the next and each is recorded as a sitting,” he said

 

The opposition leader said this is a scandal because at the end of the day what an MP will get in allowances in hours  is equivalent to the salary of a civil servant per month.

He said UPP challenges the Speaker to deny that there are moments that MPs who are in more than one committee get paid double allowances for moving from one committee room to the other when meetings are running concurrently.

 

“There is nothing libelous or defamatory about a genuine concern from a citizen. The National Assembly of Zambia has a duty to clarify to the citizens in the event that someone exaggerates the pay for MPs,” Dr Chishimba said.

The former Kasama Central lawmaker said the Speaker must, as much as possible, refrain from turning the National Assembly into a Court for trials against citizens.

“As a judge, Dr. Patrick Matibini knows that to one piece of legislation there are several others that must be looked at before arriving at a fair judgment and this is a preserve of the judiciary.

 

Notwithstanding the National Assembly Powers and Privileges Act, which strangely criminalises contempt of parliament, there is also the Defamation Act, which is very clear on the defences that are available to the accused in a case of libel. An accused person or the defendant does not have to prove that what he/she said is wholly true – he/she only needs to show that what he/she said is partly true. We wonder if the Speaker took time to look at this legislation and other decided cases – if he did, he potentially usurped the powers of the judiciary,” Dr Chishimba.

He said the country needs an urgent review of all the colonial and one party dictatorship legal regime.

Dr Chishimba said  it is totally unacceptable that the National Assembly which has a sacrosanct duty to provide oversight over government can take a lead in taking actions that put fear in the citizens.

“The public relations department of the National Assembly must simply clarify to the nation on issues that are unfairly brought out against members.

 

We urge the Speaker to guide the House on a trajectory that restricts points of order to procedures and decorum of the National Assembly. The people who vote for MPs should not be brought into unnecessary points of order. Immediate past Speaker Amusa Mwanamwambwa was always very firm in guiding members on what constitutes a point of order,” The UPP leader said.

He added: “UPP stands in solidarity with Comrade Antonio Mwanza. Let us put our people first. There are many widows, orphans and young people who need care and support – they want cheap loans, jobs and other basic needs. This is not too much to ask for from the government.”