Courts Must Check Dictatorial Practices Emerging In Parliament Under Speaker Mutti

The National Assembly of Zambia is extending its dictatorial tendencies to excluding members of the public from participating in its deliberations, Governance Activist Isaac Mwanza has charged.

Mr Mwanza who made submissions supporting President Hichilema’s appointment of Mwaangala Zaloumis and McDonald Chipenzi as Commissioners of the Electoral Commission of Zambia and rejecting elevation of Ali Simwiinga as Vice Chairperson has been excluded by the National Assembly from making oral testimony before the Select Committee.

Mr Mwanza had written to Parliament on 29th November, 2022 to allow him to participate in the legislative process of ratifying the Commissioners and the Committee had not yet started receiving oral testimonies of witnesses.

Mr Mwanza said the unconstitutional decision by the Select Committee to exclude him flies in the teeth of Article 89(2) of the Constitution of Zambia which requires participation and access to Committees.

Article 89(2) of the Constitution reads:

“89.(2) The National Assembly or a parliamentary committee shall not exclude the public or media from its sittings, unless there are justifiable reasons for the exclusion and the Speaker informs the public or media of the reasons.”

Mr Mwanza expressed shock that the National Assembly of Zambia can decide to exclude him from participating in the process for no justifiable reasons.

“It is clear the National Assembly has already taken a position on the persons appointed and they will be rubberstamping the appointment with less scrutiny. This is bad for our constitutional democracy because the essence of parliamentary scrutiny is to check on every detail available with the public that makes the nominees constitutionally suitable or not suitable for appointment,” he said

Mr Mwanza said he will engage both the Speaker whom Article 89 of the Constitution vests with the duty to explain his exclusion as well as the Attorney General before he can decide whether to take the matter to Court or not as the actions of the National Assembly contravene the Constitution.