Maravi

National Assembly has no powers to expel an MP

National Assembly has no powers to expel an MP
By Kabanda Chulu and Ernest Chanda
Mon 01 Oct. 2012, 12:10 CAT

THE National Assembly has no powers to expel a member of parliament who has committed an offence because he or she is an elected person, it has been learnt.

And MMD Mwandi Member of Parliament Michael Kaingu, who tore to pieces President Michael Sata's speech in Parliament, is likely to be charged with either contempt of the House or gross misconduct, whose penalties are suspension, fine or severe reprimand.

Commenting on the matter where some people including PF director of media and publicity Chanda Mfula have been calling for the expulsion of Kaingu, a source who preferred anonymity, yesterday said Kaingu's action was unprecedented since it was the first time a member of parliament had acted that way.

"It has never happened in the history of the National Assembly and there are no precedents to that effect, so the most likely penalties will be contempt of the House or gross misconduct and not expulsion because a member of parliament is elected by the people who have given him or her the mandate to come to the assembly," said the source.

According to Chapter 12 of the Laws of Zambia and the National Assembly powers and privileges Act, Kaingu's case would be handled by the Privileges, Absences and Support Services Committee which is chaired by the deputy speaker Mkhondo Lungu.

Other members of the committee include the minister of Justice Wynter Kabimba, government chief whip Yamfwa Mukanga, Jack Mwiimbu, Bweupe Ng'onga, Gary Nkombo, Prof Geoffrey Lungwangwa and Catherine Namugala.
The committee would look at the case and determine the appropriate charge for Kaingu's conduct.

And National Assembly standing orders of 2005, that deal with order in the House, standing order number 70 states that the Speaker or the chairperson of committees, shall order a member whose conduct is grossly disorderly to withdraw immediately from the House for the remainder of that day's sitting.
"If, however, on any occasion, the Speaker or the Chairperson of Committee, considers that the powers conferred under this standing order are inadequate to deal with the offence, he or she may name such member," it stated.

"After naming such a member, the leader of government business shall move a motion to suspend the named member and the motion shall be 'that (naming the member) be suspended from the services of the Assembly."

Kaingu tore President Sata's speech saying the head of state did not address serious issues.

He defended his action saying he did so to safeguard Parliament's decorum.

Labels: MICHAEL KAINGU, MPs

posted by MrK @ 2:54 PM