PF lawmaker, Kafwaya, drags Speaker Mutti to anti-graft agency

The parliamentary crises have continued to evolve with Lunte Member of Parliament, Mutotwe Kafwaya, dragging Speaker of the National Assembly, Nelly Mutti, to the Anti-Corruption Commission (ACC) for alleged abuse of authority.

Recently, 17 Patriotic Front (PF) Members of Parliament, alongside some independents, were suspended for unruly behaviour.

Tension had risen following the emergence of a faction, led by Miles Sampa, which made changes to the offices of leader of the opposition and whip respectively.

Kafwaya has alleged constitutional breaches and written to the anti-graft agency to probe matters of abuse of authority of office by a public officer.

“I have no doubt that the Speaker of the National Assembly, Ms Nellie Butete Kashumba Mutti, is a public officer,” he noted in a letter to the ACC Director General seen by Zambia Monitor on Thursday.

In the letter, Kafwaya alleged that on October 25, 2023, a letter was written by the PF informing her that the Matero Member of Parliament had been expelled from the Party and that his seat should be declared vacant.

He narrated how Sampa illegally appointed Morgan Ng’ona as Secretary-General of the former ruling party, leading Ng’ona to write a letter to the Speaker of National Assembly of Zambia informing the speaker of changes purportedly made to the office of the Leader of the Opposition and PF whip in Parliament.

Kafwaya in the letter said Sampa had appointed Robert Chabinga, Member of Parliament for Mafinga Constituency and Anthony Mumba, Member of Parliament for Kantanshi Constituency respectively as Leader of the Opposition in Parliament and Opposition Whip respectively.

“It will be noted that this is from the background that in June, 2023, the Speaker of the National Assembly was written to inform her that the PF had substituted Sampa with Sydney Mushanga,the Bwacha MP as representative of the Party in the Pan African Parliament,” he submitted.

Kafwaya alleged that the Speaker ignored the said letter and the instructions contained therein.

On October 30, 2023, he noted that the PF, through the office of the Leader of the Opposition, wrote a letter to the speaker informing her that there were no elections conducted to elect the Leader of the Opposition by the Patriotic Front Party.

He drew the ACC’s attention to Article 74 of the constitution of Zambia and the National Assembly Standing Orders Number 43 and 44 (Standing Orders 2021) which he said was was explicit.

“After the Patriotic Front learnt of Ng’ona’s letter, the substantive Secretary-General of the PF, Raphael Nakachinda wrote a letter on the October31, 2023 to the speaker of the National Assembly informing her that there were no changes in the offices of Leader of opposition, Patriotic Front whip and deputy whip,” Kafwaya further stated.

He narrated how on October 31, 2023, the Speaker, acting through the clerk of National Assembly, in total defiance of the information provided and Article 74 (2) responded to the letter sent through the office of the Leader of the Opposition disregarding the information provided.

He claimed that after receipt of these documents, the Speaker in total disregard of Article 74(2) of the constitution went ahead and recognised Chabinga as Leader of opposition.

Quoting the law, Kafwaya claimed that in accordance with Article 74 (2) of the Constitution, a person only assumes the office of Leader of the Opposition after an election by members of Parliament of the opposition political party with the largest number of members of Parliament.

He, therefore, alleged that the Speaker acted contrary to the provisions of the Constitution when she effected changes in the offices of Leader of Opposition, thereby constituting an act of abuse of office by a public officer.

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