INDEPENDENT Norton legislator Temba Mliswa has dragged
Speaker of Parliament Jacob Mudenda to court challenging a decision to suspend
him for six sittings on allegations of disorderly conduct.
The MP was suspended by Mudenda almost a fortnight ago. Mliswa, in the urgent chamber application,
seeks to have the decision set aside with costs and pending the final
determination of the application, Mliswa wants his suspension lifted.
Mliswa argued that Mudenda’s actions were ultra vires
constitutional provisions that mandate him to abide by standing orders which he
had breached by suspending him.
He said according to the standing orders, Mudenda is only
limited to impose punishment pertaining to a particular sitting of Parliament
on that particular day.
“Thus, the Speaker has powers to rule a member out of order
to prevent a member from speaking or to chuck out a member from the House,”
Mliswa said.
“The Speaker is the head of Parliament, but he exercises
his functions subject to standing orders. Where the Speaker acts outside
standing orders, then his actions are a nullity.
“Where any member commits an offence which goes beyond the
Speaker’s normal powers, then a committee of privilege must be set up and due
process followed.”
Mliswa said Mudenda is given power to name a member in the
House accused of grossly disorderly conduct where it is considered that given
the gravity of the misconduct one day is not sufficient punishment.
The court heard standing order 109 regulates that the
Speaker orders a member whose conduct is grossly disorderly to withdraw
immediately from Parliament for the remainder of that day’s sitting.
“Standing orders regulate the procedure of Parliament. They
regulate the orderly conduct of business and proceedings in and between the
Houses. Section 139 makes it clear that Standing orders must promote
transparency, must encourage the involvement of members of all political
parties in Parliament and the public and must be fair and just,” added Mliswa. Daily
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