A lot of parliamentarians from opposition benches on Wednesday evening were taken by surprise when Minister of Justice and Constitution Affairs told the House that no more debate on arrests of Children of former legislature for Rumphi North, late Tasoka Msiska as the matter is now in the hands of Court.
Minister of Justice, Samuel Tembenu said two children of Msiska were indeed in custody and appeared before court on Wednesday but one child is still at large.
Then Tembenu said since the case is in court, therefore standing order 14 of the House prevents the legislatures from debating on the matter.
On matters before a Court of Law, Parliamentary Standing Order 192 states that “Subject to the right of the Assembly to legislate on any matter, a matters awaiting or under adjudication in any court of record shall not be referred to in motion, debate or question from the time the case has been set down for trial or otherwise before the court, if there is a real danger of prejudice to the trial of the case.
This rule shall cease to have effect in any case when the verdict and sentence have been announced or judgment given or, in any case where notice or appeal is given, the appeal has been decided.”
But most of the opposition members looked to be annoyed that they do not have power to question the Minister of Information over the issue which is regarded political.
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