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{
    "id": 128119,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/128119/?format=api",
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    "content": "why the Standing Orders ultimately say that at the end of the day, you have the discretion to weigh the various interests and issues that are involved and come to a conclusion. One of the issues that have been addressed, and which you really have to weigh is the one about prejudice. Prejudice is an issue that has to be addressed by you because at one time, the proceedings of this House or a Committee of this House were highly prejudicial to some cases that were in court and it took another three years for that issue to be resolved because the person who was in court said that the way the matter had been debated in Parliament was prejudicial to him. The cases are there and I can quote them. In the case of Kamlesh Pattni, the matter was discussed in the Committees of this House and he went to court and said: “No, I am being prejudiced now.” So, prejudice is a matter that you have to weigh. Another question that we really have to take into account is: How do we resolve this issue that is now engaging the national attention in a conclusive way? I am quite sure that the people who went to court had indicated that they were going to court, some as long as two weeks ago. So, do not accuse the Minister for Justice, National Cohesion and Constitutional Affairs that he might have instructed somebody to take these people to court. I read in the newspapers that people wanted to go to court and now they have done so. They have gone to court to assert a position which this Parliament is saying is the correct position. This is because they have said that there was an illegality in the re- appointment of Justice Ringera, which is what this Parliament is trying to say. Therefore, they must have gone to court with the knowledge that this Parliament cannot be the final determinant of that issue. That is why they have gone to court to get a court ruling which will be binding on everybody. Therefore, the way forward to me, since it is the court under our rule of law which interprets the law, and people have gone to court and its decision will be final, at most, what this Parliament can do is to just render an opinion which will not necessarily be binding to anybody, let us leave it to the court to make a determination on this issue which will be binding on all of us. That is the submission that I wanted to make."
}