MPs AND THE SPEAKER CANNOT HIDE BEHIND PRIVILEGE WHEN A COURT ORDER EXISTS

MPs AND THE SPEAKER CANNOT HIDE BEHIND PRIVILEGE WHEN A COURT ORDER EXISTS

By Brian Matambo | Lusaka, Zambia

Government Spokesperson Cornelius Mweetwa says MPs cannot be jailed over Bill 7. It is a comforting line, but it collapses the moment you place it beside the Constitution itself. Zambia is not governed by political assurances. It is governed by court orders, and when the Constitutional Court speaks, every arm of the State is bound, including Parliament.

The problem is simple. Bill 7 did not return to the House as a fresh idea. It returned in defiance of a binding Constitutional Court ruling that declared its amendment process unconstitutional, void, and incapable of being revived without following a lawful, participatory procedure. That judgment is not commentary. It is law.

When a public authority knowingly acts contrary to a court’s binding decision, that is not politics. It is contempt of court. Contempt is a criminal offence in Zambia. It applies to ministers, presidents, permanent secretaries, police officers, councillors and members of Parliament. Parliamentary privilege protects debate. It does not protect the violation of the Constitution.

Mr. Mweetwa frames the matter as though the question is whether MPs can be jailed for debating a bill. That is not the issue. The issue is whether Parliament can ignore a court order and proceed as though the Constitutional Court never ruled. That is contempt, and the courts have the power to punish it.

Today’s political wind may shelter those responsible. Tomorrow’s will not. Court orders do not expire with administrations. Liability is personal, not partisan. And when the dust settles, the record will show who upheld the Constitution and who chose defiance presented as democracy.

If Zambia is truly governed by the rule of law, then the ruling on Bill 7 must be respected, not rewritten at a press briefing.

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