Where Members make any allegations against any other Member or Members, that is relevant to the debate on the floor, they must immediately table the evidence to substantiate their claims. Any Member of Parliament who fails to observe this and other previous rulings may be liable for censure in this House or be charged with contempt. The previous rulings of the Chair clearly stated that “no Member shall be allowed to make unsubstantiated allegations against other Members or members of the public except by way of a substantive and clearly formulated motion”.
The ruling of the Chair does not amount to limiting the freedom of speech of Members of Parliament or gagging them. Any Member of Parliament wishing to engage in objective and constructive debate on an improper conduct of any other Member of Parliament should do so by way of a clearly substantiated separate motion accompanied with verifiable evidence in support of such a motion before the Chair can clear it. The Chair’s ruling provided for a procedure to be followed in conducting debate in this House should one raise factual allegations on any other Member of Parliament or a member of the public. This is an honourable august House where spurious allegations calculated to unjustly injure the dignity of others shall not be admitted under the guise of freedom of expression.
Therefore, pursuant to provisions of Standing Order 110(1) of the National Assembly:
“Any member who disregards the authority of the Chair or persistently and willfully disrupts the business of the House commits an offence for which he or she may be suspended from the service of the House”
The Chair wishes to emphatically state that all decisions and orders made by the Chair are binding on all Members of the National Assembly and have full force of law until such a time when they are amended, annulled or rescinded either by the Chair or a competent authority in terms of the Constitution of Zimbabwe.
In line with well documented parliamentary procedures meant to ensure the orderly flow of business, it is the duty of the Speaker to interpret rules impartially, to maintain order, and to defend the rights and privileges of Members, including the right to freedom of speech, subject to the law as well as the right of every person’s protection under the Constitution as stated in section 61(5) of the Constitution.
Consequently, all Members of Parliament must comply with the ruling which the Chair made in this House previously, failure of which serious consequences will follow.
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