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{
    "id": 1065233,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1065233/?format=api",
    "text_counter": 194,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "My colleague, the Senate Majority Leader has spoken to many of the issues, almost clause by clause. Therefore, it may not be appropriate for me to take a similar trajectory and proceed by analyzing each and every clause. For purposes of seconding this Bill, I will make some observations both in the Bill and also in the Report. Some of the recommendations in the Report are on matters, which are consequential upon amendment of the Constitution. The Senate Majority Leader said that the Executive will partly come to Parliament. They have been given a different title from the one that exists in the Constitution, which is the creation of the positions of Cabinet Ministers as opposed to Cabinet Secretaries (CS). The amendment deals with the amendments of those provisions although some were left out on the question that dealt with Cabinet Ministers as opposed to CS. They also made recommendations on the procedure for introducing a Bill of this nature into Parliament and whether it should go through the First, Second and Third Readings as the normal Bills or a Bill brought under Article 256. That Parliament should come up with legislation and Standing Orders should be amended so that this matter is addressed and the procedure is clear. The agreement was that in Article 257, the procedure is not set out. It simply talks about the passing of the Bill. In regards to Article 203, which is found in Clause 50 on the question of allocation of revenue, we had a lot of debate on it and we should look at it clearly. The observations of the Committee and that of the expert was that the amendment may override the other parameters which are set out in Article 203. It would be important that the issue is addressed. The way to address it is through consequential legislation. Mr. Speaker, Sir, there was also an amendment to the powers of the Judicial Service Commission (JSC). This is one of the controversial ones. I hope that when we go to the referendum and enact this Bill, through judicial interpretation, we should be hesitant to enforce that clause. This is because it means that a judge may be suspended any time without some kind of process, which goes against what is in the Constitution at the moment. It may lead to a claw back. Instead of enhancing the protection given to the judges, we may have taken away something because of the interpretation. I think through harmonious interpretation of the Constitution bringing harmony between provisions of the Constitution that may look inconsistent or conflicting. The overall principle, which is contained in the Constitution itself; how to interpret the Constitution that you must look at its values and objectives. The objectives of this Constitution is to have an independent Judiciary. I think it is a matter we can deal with through consequential legislation or through interpretation by the courts because it touches on a very critical construct of the independence of the Judiciary. The other critical and controversial issue is the constituencies. The Committee delved into this issue for long. There were very long debates and it is in regard to this particular Clause that we had probably the abstention or the minority report by Sen. Sakaja. Overall, what the Committee was saying on this provision without amending other Clauses of Article 89, which spells out how you create constituencies, that provision may be hanging on nothing and may mean nothing. That is what the Committee The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}