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{
"id": 1569506,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1569506/?format=api",
"text_counter": 461,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "What is this commission all about? This is clause 7 of the Bill which seeks to amend section 33 by repealing the entire old section 33 and introducing a new section 33, and more sections that will follow to establish this commission. As I have said, it is purely an independent commission established by a statute. When it is independent, it means that it cannot be interfered with by anybody, unless where it has conducted itself in a manner that is unconstitutional. Most of these constitutional matters are declarations by the court and seldom by this House; not by anybody else. The first provision is the powers it has under Section 33. Section 33A are functions. It has the power of perpetual succession, therefore, it can sue, be sued, can acquire property and succeed itself from time to time. The functions of the Independent Political Parties Regulatory Commission are set out in the new proposed Section 33A. They run from (a) to (n). We have a new Section 33B which is on the membership of the Commission, which the mover elaborated on. It shall have five members, all of whom will be nominated as proposed in the Act. However, he did not move that Section 33C gives the qualification for appointment as members of the Commission, though he alluded to the fact that most of them have to be lawyers but, it is not solely law in this case. The provisions require that one must hold a degree from a recognised university and have proven knowledge and experience in the following fields: finance, management, political science, electoral matters, and the famous law, that is, governance or public administration. If you qualify in any of these fields, then you can be nominated by the nominating entity, including the Majority and Minority Parties, which shall nominate two members each. Non-parliamentary parties who sit in Parliament are not the parties outside, but those that sit here without sufficient numbers to be recognised as parliamentary parties. That is why it is always the United Democratic Alliance (UDA), Orange Democratic Movement (ODM), and the third one is the Jubilee Party. There is a debate as to whether the Wiper Democratic Movement (WDM) qualifies, but the rest are in coalitions because they do not qualify to be recognised as Parliamentary Parties. These are the parties that the Parliamentary Service Commission (PSC) will represent and make a nomination on their behalf. All these persons must have at least 10 years post-qualification experience in the relevant field. For instance, if you are an advocate you must have practised for… I am sorry to use the word advocate. If you are a lawyer, you must have practised for at least 10 years. All advocates are lawyers, but not all lawyers are advocates. However, anyone with a law degree qualifies for this. You must also meet the requirements of Chapter Six of the Constitution on integrity. A person who has conducted himself in a manner that offends Chapter Six of the Constitution is automatically disqualified. Disqualification has also been discussed. There is a new proposed Section 33D on tenure of office, which we have agreed to be six years, non-renewable. This means that once you have served, on your marks, you go home so as to allow a new team to come in. Section 33E relates to when a vacancy arises. Section 33F is on removal from office. The new Section 33I is on the appointment of the secretary, who is to be the Chief Executive Officer, and by extension, the Accounting Officer of the Commission. Section 33J is on the grounds for removal of the secretary. Finally, we have the concluding clauses that include Section 34(C) of the Principal Act which we need to amend especially when you are deemed to resign from a political party. This is very important because that “deeming” word has a problem and we know for sure it is the courts that have kept most Members of Parliament here, because immediately you are seen to associate with another party, you are deemed to have left that party and you are liable to be disciplined. We agree there must be hygiene in political parties, and there must be a level of cleanliness but again, we keep on asking how many political parties can be trusted in this country? We have seen it before, and we shall continue to see it because there comes a time we 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."
}