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{
    "id": 1223532,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1223532/?format=api",
    "text_counter": 49,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Hon. Senators, on the first question, as you are aware, Part VI of the Senate Standing Orders provides for the Senate political leadership offices. In respect of the Minority Party, Standing Order No. 23(1) provides for election of Senators by the Minority Party to the offices of the Senate Minority Leader, the Deputy Senate Minority Leader, the Senate Minority Whip and the Deputy Senate Minority Whip. Standing Order No.23 provides for the removal from office of a Senator elected to a leadership position. At paragraphs (4), (5) and (6), the Standing Order provides as follows: - 1) A Senator elected under paragraph (1) may be removed by a majority of the votes of all Senators belonging to the Minority Party; Paragraph (5) provides as follows: The removal of a Senator from office under paragraph (3) shall not take effect until a Senator is elected in the manner provided for under Paragraph (1); and, 2) Paragraph (6) provides: Upon a decision being made by the Minority Party under this Standing Order, the decision of the Party shall be communicated to the Speaker in writing, together with the minutes of the meeting at which the decision was made. In the case of the removal of the Senate Minority Leader or the Deputy Senate Minority Leader, by the Senate Minority Whip; and in the case of the removal of the Senate Minority Whip or the Deputy Senate Minority Whip, by the Senate Minority Leader. This is as far as the Standing Orders go. They neither provide for what the Speaker should do or give an indication of any timelines within which the Speaker should act. This omission may be a matter that the Senate may consider for reform in future amendments to the Standing Orders. Nevertheless, I am convinced that this omission is not fatal and that it is open to me to draw inspiration from Article 259 (8) of the Constitution which provides that: - (that is in relation to construing the Constitution) “If a particular time is not prescribed for performing a required act, the act shall be done without unreasonable delay and as often as the occasion arises ” Indeed, hon. Senators will recall that when the Senate Minority Leader raised this matter in the Senate on 15th February, 2023, I indicated that the Communication will be processed in the usual manner and that a Communication would be given in terms of the Standing Orders without inordinate delay. These are no idle pronouncements. What constitutes a reasonable time must depend on the totality of the circumstances. For example, the Communication on proposed changes could be received on a Friday afternoon or during a long recess as at the end of a Session. Clearly, the Standing Orders do not contemplate that the Speaker would communicate the said changes to the plenary on a weekend or that the Senate would be called for a special sitting for the purpose only of the Speaker communicating the changes to the plenary."
}