Is Cde Webster Shamu As Human Trafficker As Alleged?

THE HON. SPEAKER’S RULING 18/05/2019

REMINDER OF RULING ON UNSUBSTANTIATED UTTERANCES

          THE HON. SPEAKER: Yesterday, the 17th of May 2016, during the debate on Human Trafficking, Honourable Maridadi alleged that he had evidence of some Members of Parliament that were complicit in the abuse of women. He however, could not produce the evidence at the material time and promised to submit it today. Previously, the Chair has ruled in this august House directing Honourable Members to desist from making unsubstantiated “allegations against other Members and Officers of Parliament or members of the public except by way of a substantive and clearly formulated motion”. 

          In his contribution to the debate, Honourable Maridadi alleged that he was in possession of evidence imputing that some Honourable Members are accomplices to the recruitment of Zimbabwean women to Kuwait to work as slaves and promoting the abuse of women. He further alleged that an unnamed Member of Parliament owns a Night Club called the Private Lounge which is along Harare Street which promotes stripping of women to provide pleasure to patrons most of whom are men. When confronted to submit the names, Hon. Maridadi promised to avail the names to the Hon. Speaker today.

          As a result, the Chair has noted with grave concern the persistence by some Honourable Members of Parliament to willfully disregard and defy lawful rulings made by the Chair in respect of adherence to peremptory constitutional provisions. By way of a reminder, and this being the last warning to the Members concerned and others, the Chair is again ruling as follows:

          The Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] which guarantees the privileges of Members of Parliament, including freedom of speech is subject to the provisions of the Constitution as the supreme law of the land. More specifically, Section 61(5) of the Constitution of Zimbabwe provides that freedom of expression and freedom of the media exclude:

(a)     incitement to violence;

(b)     advocacy of hatred or hate speech;

(c)     malicious injury to a person’s reputation or dignity; or

(d)     malicious or unwarranted breach of a person’s right to privacy.

          Accordingly and as aptly specified in section 119 (1) of the Constitution of Zimbabwe,

“Parliament must protect this Constitution and promote democratic governance in Zimbabwe”.

          Where Members make any allegations against any other Member or Members, that is relevant to the debate on the floor, they must immediately table the evidence to substantiate their claims. Any Member of Parliament who fails to observe this and other previous rulings may be liable for censure in this House or be charged with contempt.  The previous rulings of the Chair clearly stated that “no Member shall be allowed to make unsubstantiated allegations against other Members or members of the public except by way of a substantive and clearly formulated motion”. 

          The ruling of the Chair does not amount to limiting the freedom of speech of Members of Parliament or gagging them. Any Member of Parliament wishing to engage in objective and constructive debate on an improper conduct of any other Member of Parliament should do so by way of a clearly substantiated separate motion accompanied with verifiable evidence in support of such a motion before the Chair can clear it.  The Chair’s ruling provided for a procedure to be followed in conducting debate in this House should one raise factual allegations on any other Member of Parliament or a member of the public. This is an honourable august House where spurious allegations calculated to unjustly injure the dignity of others shall not be admitted under the guise of freedom of expression.