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Parly Speaker Mudenda ‘gags’ MPs

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PARLIAMENT yesterday stepped up efforts to bar Members of the House of Assembly from making “unsubstantiated” statements deemed harmful to other people

PARLIAMENT yesterday stepped up efforts to bar Members of the House of Assembly from making “unsubstantiated” statements deemed harmful to other people’s rights under the cover of Parliamentary Privileges, saying the culprits risked being charged.

BY EVERSON MUSHAVA CHIEF REPORTER

The new ground rules announced by Speaker of the House of Assembly Jacob Mudenda would likely stifle robust debate on critical national issues including the government’s anti-corruption drive.

Of late, MPs, especially from the main opposition MDC-T, have been naming and shaming several Zanu PF Cabinet ministers, heads of parastatals and public institutions implicated in unethical conduct and calling for a probe into their alleged “obscene salaries” and “ill-gotten” wealth.

Mbizo MP Settlement Chikwinya (MDC-T) last week touched a raw nerve when he claimed that Zimbabwe Revenue Authority commissioner-general Gershem Pasi was earning $310 000 per month.

Pasi immediately threatened to launch a Constitutional Court challenge, saying the allegations had defamed him.

Chikwinya also made sensational claims that Clerk of Parliament Austin Zvoma was being generously paid and enjoyed several benefits while MPs languished in poverty.

Mudenda said: “Any violation of this order would be met with appropriate remedial action, including initialising charges of contempt of Parliament against the Member of Parliament suspected of abusing Parliamentary Privileges, particularly through uttering statements that are false, malicious and likely to unjustly injure other Members of Parliament as well as members of the public.

“The chair also hereby rules that no member shall be allowed to use this House of Parliament to attack the integrity of the administration of Parliament except by using appropriate channels as provided for in the Constitution of Zimbabwe, particularly sections 135, 151 and 154 of the Constitution of Zimbabwe.”

Mudenda added: “Section 148 (1) of the new Constitution says there could be ‘civil or criminal defamation proceedings, arrest or imprisonment or damages for anything said, produced before or submitted to Parliament or any other committees’.”

He said the net effect of the clause was that “Parliament could censure any conduct, act or omission which offends the spirit and letter of the law”.

“The House has witnessed violation of the Constitution, the Privileges, Immunities and Powers of Parliament Act (Chapter 2:08) and Standing Orders by some members during debate since the beginning of the first session of the Eighth Parliament,” Mudenda said.

“It is apparent that there is a misinterpretation of the provision of the Privileges, Immunities and Powers of Parliament Act (Chapter 2:8). Accordingly, the chair is making a ruling which is binding on all members of the House.”

Mudenda said MPs, like any other citizens, were guided by the country’s Constitution and were required to observe other people’s rights when carrying out their duties.

He said members would be held in contempt if they provided false information during debate or before a Parliamentary committee.

“Such utterances may result in charges being preferred against the offending party or parties in Parliament or in the Constitutional Court,” he said.

He said Chikwinya’s utterances did not only undermine other members when performing their duties, but undermined the image of Parliament itself.

“In this context, the chair hereby rules that with immediate effect, no member shall be allowed to make unsubstantiated allegations against other members and offices of Parliament or members of the public except by way of a substantive and carefully formulated motion. The chair shall demand objective and verifiable evidence in support of the motion,” Mudenda said to wild cheers from Zanu PF MPs.