FULL TEXT: Humiliated Mudenda Reverses Draconian Ruling Barring MDC MPs from Questioning Ministers
14 November 2019
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Wednesday, 13th November, 2019.

The National Assembly met at a Quarter-past Two O’clock p.m.

PRAYERS

(THE HON. SPEAKER in the Chair)

ANNOUNCEMENTS BY THE HON. SPEAKER

RULING BY THE HON. SPEAKER ON THE IMPORTANCE OF PRIVATE MEMBERS’ BUSINESS IN THE HOUSE

THE HON. SPEAKER: Following my ruling in the National Assembly on the 23rd of October 2019 regarding the eligibility of MDC-A Members of Parliament to question Vice Presidents, Ministers and Deputy Ministers on policy issues   and the subsequent point of order raised by Hon. Mliswa on the same on Thursday 24th of October 2019, I have reconsidered my ruling taking into consideration the role of Parliament as augmented in Section 119 of the Constitution. It is the role of Parliament to   protect and uphold the provisions of the Constitution. The Chair has subsequently reflected on the matter and makes the following ruling:

Subject to the provisions of Standing Orders 62 (2) and 64, National Assembly private members’ business takes precedence over Government business on Wednesdays and Fridays. As part of their oversight and representative roles, Hon. Members are obliged to pose questions with or without notice to Vice Presidents, Ministers and Deputy Ministers. This happens every Wednesday afternoon during Private Members Business in the National Assembly and on Thursdays in the Senate.   They also raise issues for debate in the House by way of Motions on particular issues which invariably have to be responded to by appropriate Ministers under whose Portfolios such issues may be applicable.

Hon Ministers must respond comprehensively to such questions as required of them by Section 107 (2) of the Constitution of Zimbabwe which states that:

“Every Vice President, Minister and Deputy Minister must attend

Parliament and its Committees in order to answer questions concerning matters for which he or she is collectively or individually responsible.”

This is a constitutional obligation imposed by the Constitution on both the Members of Parliament and the Ministers. It is for this reason that our Standing Orders create a charge of contempt for Ministers who fail to adhere to this constitutional obligation. Failure to adhere to these Standing Orders may result in contempt charges being raised against Ministers in terms of Standing Order 63 (2) of the National Assembly.   In addition, in terms of Standing Order Number 26 of the National Assembly, Ministers are expected to respond to issues raised in Committee Reports within a period of ten sitting days.

Accordingly, my ruling of 23rd October, 2019 is hereby suspended sine die to avoid a paralysis of Parliamentary processes, I so rule.