An opposition member of the Zambian Parliament, Mutotwe Kafwaya has joined the fray in the unending crisis rocking the assembly by dragging the Speaker, Nelly Mutti, to the Anti-Corruption Commission (ACC) over alleged abuse of authority.
In a letter to the Director-General of the ACC on Thursday, Kafwaya, who represents the Lunte constituency on the platform of the Patriotic Front (PF), alleged that the Speaker committed constitutional breaches and urged the agency to probe matters of abuse of authority and office by a public officer.
The MP said the move had become necessary following the emergence of a faction of the opposition party led by Miles Sampa who went ahead to make changes to the offices of leader of the opposition and whip, respectively.
Kafwaya alleged that on October 25, 2023 a letter was written by the PF informing Mutti that Sampa had been expelled from the party and that his seat should be declared vacant, but lamented that the Speaker ignored the letter and went ahead to install Sampa.
He further 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 informing her of changes purportedly made to the office of the Leader of the Opposition and PF whip in Parliament.
Kafwaya said Sampa later appointed Robert Chabinga, the MP for Mafinga Constituency and Anthony Mumba, representing Kantanshi Constituency 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 said.
“I have no doubt that the Speaker of the National Assembly, Ms Nellie Butete Kashumba Mutti, is a public officer,” he noted in the letter, adding that Mutti ignored the said letter and the instructions contained therein.
“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.”
He said 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.
He claimed that after receipt of these documents, the Speaker, in total disregard of Article 74(2) of the constitution, went ahead to recognise Chabinga as leader of opposition.
Kafwaya also 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 the opposition political party in parliament with the largest number of members.
He, therefore, alleged that the Speaker acted contrary to the provisions of the Constitution when she effected changes in the office of Leader of Opposition, thereby constituting an act of abuse of office by a public officer.