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{
    "id": 1589599,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589599/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Mr. Boniface Mawira",
    "speaker_title": "",
    "speaker": null,
    "content": "The Supreme Court in the matter of Martin Nyaga Wambora had occasion to deliberate on this issue. On pages six and seven of our submissions, you will find an exposition of what the Supreme Court said. It explicitly forbids the courts from granting orders that stop ongoing proceedings that are before legislative assemblies. I will quote what the court said on page 7. It states- “No Governmental agency should encumber another to stall the constitutional motions of the other. The best practices from the comparative lesson signal that the judicial organ must practice the greatest care in determining the merits of each case.” A question then arises. The governor impugns or challenges the validity of the impeachment motion due to the validity of the court order that was given, yet the court order which is the basis of the challenge that the governor has put up to the propriety of these proceedings is also in question. The validity of that court order is in question because the highest court in the Republic has affirmed what this House has stated on numerous occasions; that the judicial arm of the State, though it can intervene to stop or to check for constitutional compliance, that process before the legislative assembly should be left to run its full course, and at the opportune time, the judicial arm of the State can intervene to check the propriety of those proceedings. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}