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{
    "id": 1001533,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1001533/?format=api",
    "text_counter": 107,
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    "content": "member) or the holder of an independent office may be removed from office only on grounds specified, which include serious violation of the Constitution and gross misconduct. A person desiring the removal of a member of a commission or a holder of an independent office on any grounds specified may present a petition to the National Assembly setting out the alleged facts constituting that ground. The National Assembly is then required to consider the petition and, if it is satisfied that it discloses the ground of a violation, sends the petition to the President. Subsequently, the President is mandated to constitute and establish a tribunal to investigate the matter expeditiously, report on the facts and make a binding recommendation to the President. From the foregoing, it is clear that an interpretation that Article 251 of the Constitution applies to the removal of Member of the PSC will not just be a departure of already established procedures and practices by the two Houses, but it would be an affront to the provisions of Article 127 of the Constitution for the following reasons: (i) The appointment of the members of the PSC is by Parliament and not by the President as is the case for all other constitutional commissions. To involve the President in the removal process would ignore this distinctive feature and would be tantamount to conferring upon an office which was not part of the appointment process with the power to get involved in the revocation; (ii) This argument would fall flat against Section 51 of the Interpretation and General Provisions Act which is an established rule of interpretation that a person having the power to make an appointment also has the power to remove from office; (iii) It is also worth noting that Article 251 of the Constitution only provides for removal of members of constitutional commissions by the National Assembly to the exclusion of the Senate. The appointment of members of the PSC as provided for in Article 127 of the Constitution is, however, by both Houses of Parliament. Consequently, to interpret that Article 251 of the Constitution applies in the removal process of members of the PSC would ignore two facts. First, the seven Members of Parliament to the Commission are nominated by political parties from both Houses of Parliament. Secondly, the appointment of the members of the Commission is done by both Houses of Parliament; (iv) It is also worth noting that the PSC, unlike other commissions, was established for the sole purpose of serving both Houses of Parliament through provision of services and facilities to the MPs and staff. Article 251 of the Constitution, if applied, would also ignore the constitutional architecture of the PSC as envisaged in Article 127 of the Constitution by excluding one House in the removal process of commissioners; and, (v) The establishment of a tribunal by the President consisting of, among other persons, a person who holds or has held office as a judge of a superior court who shall be the chairperson and, at least, two persons who are qualified to be appointed as high court judges to investigate matters raised in a petition for removal also departs from Article 127 (4) of the Constitution on the revocation of appointment of a member of the PSC by Parliament. It, therefore, follows that if revocation of appointment of a Member of the Commission is by Parliament, then the body responsible for investigating, if any grounds levelled against a Member have been disclosed, can only be a body in Parliament and, in this case, being a select committee established for that purpose. 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."
}