SPEAKER REFUSES TO ALLOW QUESTION ON PRESIDENT HICHILEMA’S BREACH OF THE CONSTITUTION
SPEAKER REFUSES TO ALLOW QUESTION ON PRESIDENT HICHILEMA’S BREACH OF THE CONSTITUTION
Lusaka-Thursday,21st March 2024
The Speaker of the National Assembly has refused to accept a question on why President Hakainde Hichilema has allowed the sale of Mopani Copper Mine to Delta Mining without approval of the National Assembly.
Article 210(2) of the Constitution of the Republic of Zambia states that;
(2) A major State asset shall be sold, transferred or otherwise
disposed of, as prescribed, subject to the approval of the National
Assembly signified by a vote of at least two-thirds of the Members
of Parliament.
(3) For the purposes of this Article, “major State asset” includes a parastatal and equity held by the Government, as prescribed.
Government has sold 51% shares of the Zambia Consolidated Copper Mines-Investment Holdings (ZCCM-IH) in Mopani Copper Mines, to Delta Mining Limited (Delta) of Dubai.
In a letter dated 21st March, 2024 written to Pambashe MP, Hon. Ronald Chitotela, stated that Parliament does not admit questions on the interpretation of the Constitution in accordance with Stand Irders 71(1)(c).
The breach of the Constitution by the President is an impeachable offence.
Below is the letter from the Speaker;
QUESTION UNDER STANDING ORDER 76
I refer to your letter dated 13th March, 2024 and note the contents contained therein.
Kindly note that while I admitted your Question under Standing Order 76 on the floor of the House, it has become apparent upon careful scrutiny of your question that it is inadmissible.
The inadmissibility of the Question stems from Standing Order 71(1) (c) of the National Assembly of Zambia Standing Orders, 2021, which provides as follows:
“71. (1) a question shall be admissible if it-
(c) does not ask for an expression of opinion or the solution of an abstract legal question of a hypothetical proposition.
It is clear that in the response to your Question, the Minister will be expected to provide legal opinion of the meaning of Article 210 of the Constitution.
Such interpretation of a
legal nature goes against the spirit of the above Standing Order and, therefore, renders your Question inadmissible
In this regard, the Question although important, cannot be processed due to the
provisions in the Standing Orders.
