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"id": 158412,
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"content": "Hon. Members, when the House passed the new Standing Orders on 10th December, 2008, the House was aware of the provisions of the Constitution and the National Accord and Reconciliation Act. It was also aware of the respective constitutional powers and functions of both His Excellency the President and the Right Honourable Prime Minister. Yet, this House, in its wisdom, the hon. Members present here, resolved that the Leader of Government Business shall be a Minister designated by the Government. There is, therefore, clearly no room for inferring that either the President or the Prime Minister or the Vice-President or any other person is ipso facto the Leader of Government Business. This is because the Standing Orders, which recognize and define this office, expressly provide for how the holder of the office is to be arrived at. Hon. Members, I do not find that there is room for inference or implication on this question. I rule that the definition of Leader of Government Business as provided for in Standing Order No.2, must be understood in its plain and ordinary meaning, namely, that any Minister (and âMinisterâ is also defined under Standing Order No.2 to mean the President, the Vice-President, the Prime Minister, a Deputy Prime Minister or other Minister, and includes the Attorney-General, an Assistant Minister, and any person who holds temporarily any such office) can be designated by the Government to be the Leader of Government Business in the House. You will find that in black and white in the Standing Orders. Hon. Members, the answer to the question as to whether this House has any role to play in the nomination or determination of Leader of Government Business is by now apparent. This House has only a very limited role in the matter. The office of Leader of Government Business is recognized and defined in our Standing Orders, but the onus of designating the incumbent is placed on the Government. The role of this House is, therefore, limited through the Speaker, to receiving the name of the Minister designated by the Government and recognizing and facilitating that Minister to discharge his or her functions as Leader of Government Business in this House. Hon. Members, I find after careful consideration that it will not be necessary to answer in any greater detail the question of how any inconsistency between the National Accord and Reconciliation Act and the Constitution, is to be resolved. I make this finding because in the present matter, that is, probably, a hypothetical question. I have not been able to find that there is any contradiction or inconsistency between the provisions of the Constitution and the National Accord and Reconciliation Act, or for that matter, the Standing Orders. This is because the Constitution itself anticipated this very question and answered it before it was asked. Section 3 of the Constitution makes it clear that if any law is inconsistent with our Constitution, the Constitution prevails and that other law shall to the extent of the inconsistency, be void. That is the general rule with which we are all very familiar. However, the same Constitution is quite clear at the same Section 3 that this general rule does not apply to the National Accord and Reconciliation Act, which is an Act made by Parliament pursuant to Section 15A(3) of the Constitution. Hon. Members, those of you who are possessed of the Constitution now may want to look at those sections that I have referred to. The proviso to Section 3 of the Constitution stipulates that âthe provisions of this section as to consistency with this Constitution shall not apply in respect of an Act made pursuant to Section 15A(3).â This is spelt out firmly by that proviso."
}