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"speaker_name": "Sen. (Dr.) Machage",
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"legal_name": "Wilfred Gisuka Machage",
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"content": "Mr. Speaker, Sir, as I appreciate the hawk-eye of Sen. Elachi on this issue, I also take cognizance of the good and elaborate way that some parts of the law have been pointed out - especially Article 125 of this Constitution - by the Deputy Speaker. That leaves me to wonder whether this House is being hit by its own ignorance. The law is very clear on what should be done. In any case, if you look at part I of Chapter 10 concerning the Judicial Authority and Legal System, you will see that it is clear under 2(d) that justice shall not be delayed. That is exactly what we are seeing now. Justice is being delayed with regard to matters of the Senate. It is very clear, in part (d), that justice shall be administered without undue regard to procedural technicalities. That is exactly what the courts are using left and right to hit at the Senate in trying to prolong the terms of people who have been confirmed to have misused public funds or those who have been involved in practices that are unacceptable for a leader in this country. We have to open our eyes and look at the same Constitution to map out the latitude within which to operate. It is our fault, in some way, that we have not fought for our rights as per the Constitution. If this Constitution is deficient in terms of completely separating the powers of the three arms of Government, then we need a referendum. We need it and it is justifiable. We have this Constitution, but it needs some amendments. After all, as it was earlier thought, 20 per cent of this Constitution was not acceptable 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."
}