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{
    "id": 298283,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/298283/?format=api",
    "text_counter": 16,
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    "content": "Hon. Members, it is important to note that Section 46(5) of the former Constitution requires the House to consider the specific recommendations proposed by His Excellency the President and to make a determination on each of the proposals. Although the House must take into account the reasons advanced by His Excellency the President in his Memorandum, what the House requires to make a determination on are not the reasons advanced by His Excellency the President, but the specific recommendations for amendments made. Where under Section 46(5)(a) of the former Constitution, the recommendations of His Excellency the President are passed with or without amendments by the Committee of the whole House, this fact shall, as required under Standing Order No.116(12) be reported to the House. Thereafter, Section 46(5) of the former Constitution requires that the Bill be resubmitted to the President for assent. A Third Reading of the Bill is, therefore, not required. Alternatively, the House could refuse to accept the recommendations of His Excellency the President in toto and thus accept the Bill in its original form. In such instance, a resolution supported by votes of not less than 65 per cent of the Members of the National Assembly, excluding ex-officio members, is required. Hon. Members, Standing Order No.60(2) would apply to the voting process where the House takes the second option. Standing Order No.60(2) requires the Speaker to direct a division to be taken in every instance where the Constitution lays down that a fixed majority is necessary to decide any Question. Section 46(5)(b) of the former Constitution lays down a fixed majority and thus falls within the ambit of Standing Order No.60(2). The procedure for a division is set out at Standing Orders No.61, 62 and 63. Under Standing Order No.125(6), the House is required to consider and deliberate on the Memorandum within 21 days upon receipt from His Excellency the President. I direct that this House shall consider the Memorandum at the sitting of the House on Thursday 28th June, 2012 at 2.30 p.m. In order to address the issues that have been raised in the memorandum, I further direct that the memorandum be referred to the Departmental Committee on Justice and Legal Affairs for consideration and that the Committee reports to the House prior to the consideration of the Memorandum by the House as aforesaid. Meanwhile, the Clerk of the National Assembly is directed to circulate copies of the memorandum to all hon. Members. I thank you. We will stop here for hon. Members at the entrance to come before we do the second Communication."
}