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{
    "id": 1515597,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1515597/?format=api",
    "text_counter": 215,
    "type": "speech",
    "speaker_name": "Emuhaya, ANC",
    "speaker_title": "Hon. Omboko Milemba",
    "speaker": null,
    "content": " Thank you, Hon. Speaker. This judgement is good. I want to ask Members to exercise restraint, the way we are doing as we deal with it. This is because it will grow our own Standing Orders and decisions that have been taken by this Parliament before. Just like when we had the stalemate on who should lead the House Business Committee and Hon. Marende made the ruling that is always talked about. In the 508-paragraph judgement which I have also read, let me spot out the one which the Senior Counsel spoke on. It says that: “The question as to which Party or Coalition Party is a Majority Party was determined by the sovereign will of the people on 9th August 2022”. This statement and paragraph presume that Parliament will stay static and there will be no changes as at the time when the election was done. However, the truth is that if we were to follow this, it would mean that the Majority Party would remain as the Majority Party for five years as determined at the time of the general election. That is not correct. Majority Party and Minority Party are a fluid situation that keeps on changing depending on many happenings within Parliament. We know of the by-elections that are forthcoming in some of the constituencies. We have four constituencies namely; Banissa, Ugunja and others which lost or do not have Members of Parliament. What kind of results will come out of this situation? Will it not numerically affect the Majority and Minority leadership in the House? Hon. Speaker, those are issues that I want you to determine. It also assumes that there are no post-election agreements which can be done. The Third Schedule of the Political Parties Act, 2011, talks about how coalitions can be entered. You can also get out of coalitions and it determines how this can be done in law. If all those changes have happened, then we cannot say that it is static for five years. Hon. Speaker, one other reason why the court did not go to the extent of determining, is because there are three Arms of Government: The Legislature, Parliament and Judiciary. Hon. Members, Parliament is independent and we should not allow to be told what to do. This must be done by the rules and order of Parliament, which has its own Standing Orders. Hon. Speaker, you have to make a ruling on which political party, as of now, is the majority in the House. This is not a static but fluid position that keeps on changing. Please add me more time. I want to refer to governments like Germany, Israel and Canada, which are very good examples. Currently, the Prime Minister of Canada is going to resign. Why? Because he has 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."
}