CHOMA Central member of parliament Cornelius Mweetwa has petitioned the Lusaka High Court over the National Assembly’s decision to subject him to disciplinary hearing for refusing to apologise to Vice-President Inonge Wina for describing her as shallow minded.
Mweetwa in July this year, during a TV programme dubbed Coasta on the other side said it was shameful and shallow for Vice-President Wina to frame the UPND of the gassing of schools and homes that hit the country early this year.
Mweetwa has cited the Attorney General.
He is seeking an order that the pending disciplinary actions against him are illegal for being in violation of Articles 11(b), 18, 20 and 21.
In his petition, Mweetwa said that he was entitled to the protection of his rights in accordance with Article 11(b) and as enunciated under Articles 18, 19, 20 and 21 of the Constitution.
He said section 3 of the National Assembly (powers and privileges) Act violates the fundamental rights of freedom of expression guaranteed under Article 20 by restricting the freedom to express views and opinions.
Mweetwa said the purported disciplinary action pursuant to a ruling of the Speaker violates his freedom of expression, association and assembly as a member of the largest opposition political party (UPND).
He said the intended disciplinary action slated for December 2020 violated Article 18 of the constitution and the rules of natural justice as it violates his (Mweetwa) entitlement to a fair hearing because the National Assembly would be acting as a judge, jury, and executioner.
Mweetwa explained that on July 10, 2020, Dr Matibini in his ruling on a point or order raised by Mandevu member of parliament Jean Kapata that he attacked the persona of the Vice-President on Diamond TV, found him out of order, in breach of parliamentary privilege and in contempt of the house.
He said Dr Matibini reprimanded him as punishment for the same and asked him to apologise but he refused to apologise as his reaction to the Vice-President’s statement was within his privilege of freedom of expression, assembly and association as guaranteed in the constitution.
“On July 14, 2020, the petitioner wrote to the clerk of the National Assembly seeking to challenge the decision of the Speaker for admonishing him as punishment for an offense he did not accept liability for,” Mweetwa said. “On July 17, 2020, the clerk of the National Assembly wrote to the petitioner asking him to exculpate himself for refusing to apologise and for engaging the Speaker of the National Assembly on the same subject matter as he forced him to apologise.”
Mweetwa said on October 15, 2020, the clerk of the National Assembly wrote to him declining to table his motion to challenge the decision of the Speaker for reprimanding him and compelling him to apologise against his will.
He stated that despite the refusal by the clerk of the National Assembly to allow him to challenge the Speaker’s ruling, the clerk wrote to him on October 21, 2020 asking him (Mweetwa) to exculpate himself for refusing to render an apology and explaining why he refused to do so.
Mweetwa further explained that on November 13, 2020 the clerk of the National Assembly wrote to him notifying him that he would be subjected to further disciplinary hearings on December 2, 2020.
“The fundamental freedoms under Articles 11(b), 18, 20 and 21 have been violated by the National Assembly through the Speaker of the National Assembly and the National Assembly powers and privileges committee,” Mweetwa said.
“The continued actions of the National Assembly will continue to abrogate the petitioner’s rights.”
He added that the actions of the National Assembly were illegal and a breach of the fundamental freedom guaranteed in the constitution.
Mweetwa further wants an order that the speaker’s ruling on July 10, 2020 that he was in breach of parliamentary privilege and in contempt of the house was null and void as it breaches the fundamental freedoms enjoyed by the petitioner under Article 11(b), 18, 20 and 21.
He also wants an order striking down section 3, 11 and 22 of the National Assembly Powers and privileges Act.