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{
    "id": 1458162,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1458162/?format=api",
    "text_counter": 355,
    "type": "speech",
    "speaker_name": "Seme, ODM",
    "speaker_title": "Hon. (Dr) James Nyikal",
    "speaker": null,
    "content": " Hon. Temporary Speaker, I have heard my colleagues complain about court decisions. I am not a lawyer but I have heard something to the effect that the courts or the judges are blind. The courts go by the letter of the law and laws are made by this House. If we are in a situation where courts are increasingly finding the laws that are made in this House unconstitutional, where does the blame lie? As much as we want to blame the courts, we must also look at ourselves. Do we scrutinise the laws that we make adequately? How do they become unconstitutional and yet they are passed through the legal system in Parliament? Laws pass through the committees of Parliament which have legal advisors, but courts find them unconstitutional. The blame starts with us. I know in this Parliament, recently we have come up with this thing of prompting the Speaker to put the Question then once the Speaker puts the Question, Members – the majority – quickly pass the law without listening to debate. The dictum that the minority will have their say and the majority will have their way is extremely important. The view of the minority may sometimes help in situations where important issues may have been missed. So, it is important that Members of this House are allowed to debate, even when we are in a hurry. Sometimes, it sounds like we have been given instructions to pass laws quickly. I think therein lies the problem that we are blaming the courts to be responsible for. Thank you."
}