National Assembly (Powers and Privileges) (Amendment)

An Act to amend the National Assembly (Powers and
Privileges) Act. [ 7th June, 2016
ENACTED by the Parliament of Zambia
1. This Act may be cited as the National Assembly (Powers
and Privileges) (Amendment) Act, 2016, and shall be read as one
with the National Assembly (Powers and Privileges) Act, in this
Act referred to as the principal Act. 2. Section two of the principal Act is amended by the deletion
of—
(a) the definition “ authorised committee ”;
(b) the definition of “ committee ” and “ Standing Orders ”
and the substitution therefor of the following:
“ committee ” means a parliamentary committee
established in accordance with Article 80 of the
Constitution;
“ Standing Orders ” means the Standing Orders of
the Assembly made in accordance with Article
77 of the Constitution. 3. The principal Act is amended in the heading of Part II by
the insertion immediately after the word “ PRIVILEGES ” of the
words “ AND IMMUNITIES ”. 4. The principal Act is amended by the insertion immediately
after section five of the following new section:
Enactment
Short title
Cap. 1
Amendment
of section 2
National Assembly (Powers and Privileges)
(Amendment) [ No.

ion five of the following new section:
Enactment
Short title
Cap. 1
Amendment
of section 2
National Assembly (Powers and Privileges)
(Amendment) [ No.

13 of 2016 411
Amendment
to heading of
Part II
Insertion of
new section
5A
Cap. 12
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 13 of 2016
Date of Assent: 6th June, 2016
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka, Price K16.00

f 2016
Date of Assent: 6th June, 2016
Single copies of this Act may be obtained from the Government Printer
P.O. Box 30136, 10101 Lusaka, Price K16.00

412 [ No. 13 of 2016
National Assembly (Powers and Privileges)
(Amendment)
Arrest for
criminal offence
5A. Where a member is arrested for a criminal offence,
the arresting officer shall inform the Speaker of the arrest
within forty-eight hours of the arrest. 5. The principal Act is amended by the insertion, immediately
after section six, of the following new section:
6A. (1) Despite any other written law, where a member
or officer is required while the Assembly is conducting its
business to attend—
(a) as a witness before a court, tribunal or a
commission established under the Inquiries Act,
in any civil or criminal proceedings; or
(b) as a defendant in any civil proceedings;
the Speaker, First Deputy Speaker, Second Deputy Speaker or a,
person designated by the Speaker, shall issue a certificate exempting
the member or officer the member or officer from attending the
Courts, Tribunal or Commission and stating that the member or
officer is, or would be, attending to the business of the Assembly
on the dates and times indicated in the certificate. (2) A certificate issued under subsection (1) is sufficient
proof that the member or officer is attending to business of
the Assembly. 6.

certificate. (2) A certificate issued under subsection (1) is sufficient
proof that the member or officer is attending to business of
the Assembly. 6.

The principal Act is amended by the repeal of section eight
and the substitution therefor of the following:
8. A member, officer or person employed to take
or transcribe minutes of evidence before the Assembly or
a committee shall not give evidence elsewhere about the
contents of the minutes or the contents of a document laid
before the Assembly or a committee, about any proceedings
or examination held before the Assembly or a committee,
without the special leave of the Speaker. 7. The principal Act is amended by the insertion, immediately
after section nine, of the following new section:
9A. Subject to the Constitution, the Assembly has the
power and jurisdiction necessary to inquire into, an act or
omission, matter or thing, amounting to contempt of
Parliament contrary to section nineteen, or a contravention
of the Standing Orders and rules of parliamentary practice
and procedure. Insertion of
new section
6A
Certificate
of
exemption
to attend
court
Cap. 41
Repeal and
replacement
of section 8
Evidence of
proceedings
in Assembly
or
committee
not to be
given
without
leave
Insertion of
new section
9A
Power of
Assembly
to inquire
into
offences
Cap. 1

ce of
proceedings
in Assembly
or
committee
not to be
given
without
leave
Insertion of
new section
9A
Power of
Assembly
to inquire
into
offences
Cap. 1

National Assembly (Powers and Privileges)
(Amendment) [ No. 13 of 2016 413
8. The principal Act is amended by the repeal of section ten
and the substitution therefor of the following:
10. Subject to the provisions of sections thirteen, fourteen
and twenty, the Assembly or a committee may order a person
to—
(a) attend before the Assembly or the committee and
to give evidence or to produce a paper, book,
record or document in the possession or under
the control of that person; or
(b) appear before the Assembly or the committee to
submit information or report on a matter under
the consideration of the Assembly or the
committee. 9. Section eleven of the principal Act is amended—
(a) in subsection (1), by the deletion immediately after the
words “ before the Assembly or ” of the words “ an
authorised committee shall ” and the substitution therefor
of the word “ may ”; and
(b) by the deletion of subsection (2) and the substitution
therefor of the following:
(2) A summons issued under subsection (1) shall
specify—
(a) the time and place of hearing; and
(b) the documents required to be produced
and by the person summoned.

ssued under subsection (1) shall
specify—
(a) the time and place of hearing; and
(b) the documents required to be produced
and by the person summoned.

(3) A summons issued under subsection (1) shall be
served on the person named in the summons
by—
(a) delivering a copy to the person; or
(b) leaving a copy with an adult person at
the usual or last known place of abode
in Zambia. (4) The Assembly shall pay or tender to the person
summoned, such sum for the person’s expenses
as may be specified by Standing Order; and
(c) by the re-numbering of subsection (3) as subsection (5). Repeal and
replacement
of section 10
Power to
order
attendance of
witness
Amendment
of section 11

he re-numbering of subsection (3) as subsection (5). Repeal and
replacement
of section 10
Power to
order
attendance of
witness
Amendment
of section 11

414 [ No. 13 of 2016
National Assembly (Powers and Privileges)
(Amendment)
10. The principal Act is amended by the insertion, immediately
after section eleven, of the following new section:
11A. (1) A person summoned by the Assembly or a
committee under section eleven and who fails, without
reasonable cause, to attend before the Assembly or the
committee at the time and place specified in the summons
commits an offence and is liable, upon conviction, to a fine
not exceeding ten thousand penalty units or to imprisonment
for a term not exceeding three months, or to both. 11. Section twelve of the principal Act is amended by the
deletion of subsection (1) and the substitution therefor of the
following:
(1) The Assembly or the committee may require that
a fact, matter or thing relating to the subject of inquiry before
the Assembly or that committee is verified or otherwise
ascertained by the oral examination of a witness, and may
cause that witness to be examined on oath. 12. Section thirteen of the principal Act is amended in
subsection (2) by the deletion of the words “any authorised
committee” and the substitution therefor of the words “a committee”. 13.

Act is amended in
subsection (2) by the deletion of the words “any authorised
committee” and the substitution therefor of the words “a committee”. 13.

Section fourteen of the principal Act is amended—
(a) in subsection (1) by the deletion of the words “an authorised
committee” and the substitution therefor of the words
“a committee”; and
(b) by the deletion of subsection (3) and the substitution
therefor of the following:
(3) Except upon the direction of the President, a
person shall not refuse to—
(a) produce before the Assembly or a
committee a paper, book, record or
document; or
(b) give evidence before the Assembly or a
committee;
relating to the correspondence of a civil
department or to a matter affecting the public service. (4) Secondary evidence shall not be received
by or produced before the Assembly or a committee
of the contents of a paper, book, record or document
which the President has directed shall not be
produced. Insertion of
new section
11A
Failure to
attend before
Assembly or
committee
Amendment
of section 12
Amendment
of section 13
Amendment
of section 14

d. Insertion of
new section
11A
Failure to
attend before
Assembly or
committee
Amendment
of section 12
Amendment
of section 13
Amendment
of section 14

National Assembly (Powers and Privileges)
(Amendment) [ No. 13 of 2016 415
14. Section fifteen of the principal Act is amended in paragraph
(a) of subsection (1) by the deletion of the words “an authorised
committee” and the substitution therefor of the words “a committee”. 15. Section sixteen of the principal Act is amended by the
deletion of the words “any authorised committee” and the
substitution therefor of the word “committee”. 16. Section seventeen of the principal Act is amended by the
deletion of the words “five thousand” and the substitution therefor
of the words “twenty thousand”. 17. Section eighteen of the principal Act is amended—
(a) by the insertion, immediately after the words “deceive
the Assembly” of the words “or committee”; and
(b) by the deletion of the words “one thousand”and the
substitution therefor of the words “ten thousand”. 18. Section nineteen of the principal Act is amended in
paragraph (a) by the deletion of the words “an authorised
committee” and the substitution therefor of the words “a committee”. 19.

l Act is amended in
paragraph (a) by the deletion of the words “an authorised
committee” and the substitution therefor of the words “a committee”. 19.

Section twenty-two of the principal Act is amended in
subsection (4)(a) by the deletion of the word “forfeit” and the
substitution therefor of the word “forfeited”. 20. Section twenty-three of the principal Act is amended
(a) in paragraph (a), by the insertion immediately before the
word “assaults” of the word “threatens”;
(b) in paragraph (b), by the insertion immediately after the
words “any member by” of the word “threat” and a
comma;
(c) in paragraph (c), by the insertion immediately after the
words “as such officer” of the words “or fails or refuses
to comply with an instruction by an officer”; and
(d) by the insertion, immediately after paragraph (d) of the
following new paragraph:
(e) assaults, insults or threatens a member or deprives
a member of a benefit on account of the
member’s conduct in the Assembly or a
committee. 21. The principal Act is amended by the repeal of section
twenty-eight and the substitution therefor of the following:
Amendment
of section 15
Amendment
of section
16
Amendment
of section
17
Amendment
of section
18
Amendment
of section
19
Amendment
of section
22
Amendment
of section
23
Repeal and
replacement
of section
28

ent
of section
17
Amendment
of section
18
Amendment
of section
19
Amendment
of section
22
Amendment
of section
23
Repeal and
replacement
of section
28

416 [ No. 13 of 2016
National Assembly (Powers and Privileges)
(Amendment)
28. (1) Where a member is found to have committed a
contempt of the Assembly, whether specified in section nineteen
or otherwise, the Speaker, the Committee on Privileges or a select
committee appointed under subsection (6) may impose any one or
more of the following penalties:
(a) a formal warning;
(b) an admonition;
(c) a reprimand; and
(d) an order directing the member to apologise to the
Assembly, in a manner determined by the
Assembly. (2) Where a member is found to have committed
contempt of the Assembly of a serious nature and none of the
other penalties are sufficient for the contempt committed by
the member, the Speaker shall, on the resolution of the
Assembly, suspend the member from the Assembly for a
period not exceeding thirty days. (3) A member who is suspended from the Assembly
shall, during the period of suspension and for the purposes of
this Act—
(a) not enter the precincts of the Assembly;
(b) not participate in an activity of the Assembly or a
committee; and
(c) not be paid the salary or allowance the member is
entitled to for the member’s service as a
member.

n activity of the Assembly or a
committee; and
(c) not be paid the salary or allowance the member is
entitled to for the member’s service as a
member.

(4) If a person, not being a member, is found to have
committed contempt, whether specified in section nineteen
or otherwise, the Speaker shall order the person to appear
before the Assembly and the Speaker shall, upon attendance,
admonish or reprimand the person at the Bar of the Assembly. (5) The Speaker may refer a case of breach of privilege
or contempt of the Assembly to the committee on privileges
to examine the case and make appropriate recommendations
to the Assembly. (6) Where the alleged breach of privilege or contempt of
the Assembly is committed by members of the Committee on
Privileges, the Speaker shall appoint a select committee to
examine the matter and report accordingly to the Assembly. Disciplinary
powers of
Assembly

Privileges, the Speaker shall appoint a select committee to
examine the matter and report accordingly to the Assembly. Disciplinary
powers of
Assembly

National Assembly (Powers and Privileges)
(Amendment) [ No. 13 of 2016 417
22. The principal Act is amended by the insertion, immediately
after section twenty-eight, of the following new sections:
28A. (1) Where a member is to be admonished in
accordance with section twenty-eight (1), the Assembly or a
committee shall direct the member to stand in the member’s
seat and the Speaker shall proceed to admonish the member. (2) Where a member is to be reprimanded, in
accordance with section twenty-eight(1), the Speaker shall
reprimand the member at the bar of the Assembly. 28B. (1) There is established a committee on privileges,
which shall assist the Speaker in determining all matters of
privileges and immunities of the Assembly and members. (2) The composition, functions, powers and procedure
of the committee shall be prescribed in the Standing Orders. 28C. (1) Proceedings for an offence against the
Assembly may be instituted by the Assembly ordering the
person alleged to have committed the offence to answer a
charge or appear before the Assembly or the committee on
privileges to answer the charge, on a date and time specified
in the order.

fence to answer a
charge or appear before the Assembly or the committee on
privileges to answer the charge, on a date and time specified
in the order.

(2) The order summoning a person to answer a charge
or appear before the Assembly or a committee shall be signed
by the Clerk, and personally served on the person summoned. (3) The person summoned shall be given particulars,
in writing, of the matter constituting the alleged offence. (4) The person summoned shall answer the charge or
appear before the Assembly or a committee, personally and
may be represented by a legal practitioner. (5) If the person summoned fails, without reasonable
cause, to answer to the charge or appear before the Assembly
or the committee on privileges, the Assembly or the committee
may proceed to determine the matter. 23. The principal Act is amended by the repeal of section thirty
and the substitution therefor of the following:
Insertion of
new
sections
28A, 28B
and 28C
Manner of
admonition
or
reprimand
Establish-
ment of
Committee
on
Privileges
Procedure
for dealing
with offence
against
Assembly
Repeal and
replacement
of section
30

ition
or
reprimand
Establish-
ment of
Committee
on
Privileges
Procedure
for dealing
with offence
against
Assembly
Repeal and
replacement
of section
30

418 [ No. 13 of 2016
National Assembly (Powers and Privileges)
(Amendment)
30. Upon any inquiry touching the privileges, immunities
and powers of the Assembly or of a member, a copy of the
votes and proceedings, Standing Orders or other document
of the Assembly printed or purporting to be printed by the
Assembly or under the authority of the Assembly, or a copy
of the votes and proceedings, Standing Orders or other
document of the Assembly duly authenticated under the hand
of the Clerk, shall be admitted as primafacie evidence of the
contents thereof in all courts and places without any further
proof being given.
Admissibility
of votes and
proceedings
printed by or
under authority
of Assembly