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{
    "id": 404176,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/404176/?format=api",
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    "content": "(a) Was the input of the Chair sought, pursuant to Article 110(3) of the Constitution, with regard to the legislation that has continued to be processed in the National Assembly after the advisory opinion of the Supreme Court in Supreme Court Reference No. 2 of 2013 issued on 1st November, 2013? (b) What steps have been taken to implement the advisory opinion of the Supreme Court in Parliament? (c) Is the legislative process in Parliament now compliant with the Advisory Opinion of the Supreme Court? Hon. Senators, these are important issues calling for the attention of Parliament particularly in the light of the advisory opinion of the Supreme Court in Supreme Court Reference No. 2 of 2013. Following the advisory opinion of the Supreme Court, I have directed that copies of the full text of the advisory opinion as well as a summary thereof be forwarded by e-mail to each Senator. I urge all Senators to fully acquaint themselves with the advisory opinion. Hon. Senators, it is critically important to observe that the Constitution and the Standing Orders of both the Senate and the National Assembly must henceforth be read in light of the advisory opinion. Any reading of the Constitution and the Standing Orders otherwise than in the manner set out by the Supreme Court would be unconstitutional and unlawful. Additionally, any legislation that is processed in a manner otherwise than that set out by the Supreme Court in the advisory opinion is null and void. Consequently, in light of the advisory opinion of the Supreme Court, any Bills that proceed to be processed by either House and are forwarded to His Excellency the President for assent otherwise than in the manner set out in the advisory opinion, are null and void. I, therefore, urge all hon. Senators, and in particular the chairpersons of Committees, in respect of legislation falling within the subject matter of their respective mandates, to monitor the legislative process in Parliament and to ensure that the legislative process fully complies with the Constitution, the Standing Orders and the advisory opinion of the Supreme Court. Hon. Senators, the concerns raised by the mentioned Senators on the legislative process in Parliament and the implementation of the advisory opinion are legitimate. Since 1st November, 2013, the date of the delivery of the advisory opinion, a number of Bills have continued to be considered in the National Assembly in a manner otherwise than that set out in the Constitution and the Standing Orders of both Houses. In particular, the following five Bills have been read a First Time in the National Assembly:- (1) The Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 32 of 2013); (2) The Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 33 of 2013); (3) The Military Veterans Bill (National Assembly Bill No. 34 of 2013); (4) The Public Procurement and Disposal (Amendment) Bill (National Assembly Bill No. 31 of 2013); and, (5) The Fertilizers and Animal Foodstuffs (Amendment) Bill (National Assembly Bill No. 36 of 2013). The following eight Bills have proceeded to Second Reading in the National Assembly: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}