Sunday, September 26, 2010

SACCORD accuses Speaker of being bias

SACCORD accuses Speaker of being bias
By Mwala Kalaluka
Sun 26 Sep. 2010, 04:00 CAT

SACCORD has accused Speaker of the National Assembly Amusaa Mwanamwambwa of being clearly biased in the manner he handled Kafulafuta MMD parliamentarian George Mpombo for referring to President Rupiah Banda as a liar.

Commenting on Speaker Mwanamwambwa’s ruling on Wednesday that he could not act on Mpombo’s behaviour because the latter had challenged his expulsion from the MMD in court, Southern African Centre for the Constructive Resolution of Disputes (SACCORD) information officer Obby Chibuluma said Speaker Mwanamwambwa was violating the law and undermining the separation of powers.

“It is actually very disappointing that the Speaker can clearly be that biased,” Chibuluma said. “Whether someone is an MP or not they still enjoy their freedom of expression.”

Chibuluma said the courts of law that Speaker Mwanamwambwa had referred to in his ruling were conflict resolution institutions and whenever there was a process within the courts, it had to be respected no matter who was involved.

“Whether you like them or not or whether they praise sing for your boss,” Chibuluma said. “We are actually shocked that the Speaker could be talking to Mr Mpombo in that manner when there are about 22 members of parliament who have been undermining their institution and they were actually chased from PF a long time ago.”

Chibuluma charged that Speaker Mwanamwambwa was expressing double standards.

“We are actually surprised that the Speaker could be inciting the police to act on Mr Mpombo over those remarks. That is actually a clear abuse of the law now that the Speaker wants to assume the role of the prosecutor,” Chibuluma said.

“We are hoping that the police are also not going to get excited and act on the statement from the Speaker.”

Chibuluma said Speaker Mwanamwambwa should have been the last person to make such a political ruling.

“We believe that is a very political statement,” said Chibuluma.

Speaker Mwanamwambwa made the ruling after Bahati PF ‘rebel’ parliamentarian Besa Chimbaka raised a point of order on whether or not Mpombo was in order to call President Banda a liar through a story he gave to The Post, which was published on Tuesday, September 21, 2010.

Making a ruling on Chimbaka’s order, Speaker Mwanamwambwa said his hands were tied by the court where Mpombo had taken his party for expelling him.

“The courts have tied my hands because if I do anything that would be contempt of court. We have to abide by the rule of separation of powers. But consider if it’s a Zambian culture for adults to insult each other.

Is it normal to call one another liars?” Speaker Mwanamwambwa asked. “When it comes to this House each one of you subscribes to the oath of allegiance. Be careful what you say here or there. And the oath says allegiance to the President. What that means is that wherever you are, inside or outside this House you must represent the President.”

Speaker Mwanamwambwa warned that it was an offence under the law to insult the president.

“If some of you are privately friendly out there to any head of state, current or past, you leave it there. There is a section in the Penal Code and it’s still intact, which clearly stipulates that making disparaging remarks against the President is a serious offence and describes a penalty. I have heard many of you on radio referring to the Head of State in name only; that is an offence,” warned Speaker Mwanamwambwa.

“I don’t know where the law enforcement agencies are when this is happening. Honourable member, when you insult, you are not immune to prosecution. If you insult the law enforcement agencies should visit you. Insulting is not a sign of heroism or political championship. Honourable Mpombo is an honourable member of parliament, honourable! And no honourable member can utter such words. I’m assuming The Post quoted Honourable Mpombo correctly. If not he could have asked for a retraction, but he hasn’t. Why should the whole honourable member avoid to discuss these matters in the House and go outside.”

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