Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1001529,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1001529/?format=api",
    "text_counter": 103,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "the Commonwealth (Latimer House) Principles on the Three Branches of Government state in part— “Independence of Parliamentarians- (a) Parliamentarians must be able to carry out their legislative and constitutional functions in accordance with the Constitution, free from unlawful interference.” Hon. Members, with this background, allow me now to address the first issue of whether the procedure employed in the appointment of a Member of Parliament to the Office of a Member of the Parliamentary Service Commission should mirror the procedure that would be applied in removing the person from office. To respond to this question, let us ask ourselves: How do Members of Parliament and the other two non-MPs get appointed to the Office of a Member of the Parliamentary Service Commission? You may recall that the Special Motion for the appointment of the current Members of the Parliamentary Service Commission who are Members of Parliament was considered and passed by the National Assembly on 2nd February 2018. During that afternoon Sitting, the Member for Rarieda rose on a point of order seeking clarification on the term of office of the members of the Commission in view of the provisions of Article 250(6)(a) of the Constitution. For clarity, the provision states – “(6) A member of a commission, or the holder of an independent office— (a) unless ex officio, shall be appointed for a single term of six years and is not eligible for re-appointment;” In the ensuing deliberations, it was noted that the Parliamentary Service Commission, by design, is different from other Commissions. With regard to the term of office, it was noted that whereas Commissioners of other Commissions serve for a single term of six years, the members of the Parliamentary Service Commission serve for the term of Parliament, which is five years. Similarly, whereas Article 250(1) of the Constitution provides that each commission shall consist of at least three and not more than nine members, the Parliamentary Service Commission consists of 10 Members. Indeed, the Judicial Service Commission, which is also listed there, consists of 11 members and so, are the Commission for Revenue Allocation (CRA) and the Salaries and Remuneration Commission (SRC). They have more members than the nine. It was also observed that the appointment procedure for the Parliamentary Service Commission is primarily different from that of other constitutional Commissions listed in Chapter 15 of the Constitution. Notably, whereas the appointing authority in the case of the Parliamentary Service Commission is Parliament itself, commissioners of the other commissions are appointed by the President with the approval of the National Assembly. Hon. Members, Chapter 15 of the Constitution establishes 10 Commissions and the two independent offices of the Auditor-General and the Controller of Budget. Article 248(1) of the Constitution outlines the manner in which Chapter 15 is to apply. It provides, and I quote— 248. (1) This Chapter applies to the commissions specified in clause (2) and the independent offices specified in clause (3), except to the extent that this Constitution provides otherwise. I lay emphasis to the phrase “except to the extent that this Constitution provides otherwise” as it is central to the questions at hand. The subsequent provisions in Chapter 15 outline general provisions that are to apply to Commissions and independent offices with regard to objects, authority and funding; composition, appointment and terms of office; removal from office; general functions and powers; incorporation; and reporting to the President and Parliament. These general provisions are to apply unless another specific provision of the Constitution provides otherwise The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}