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{
    "id": 50264,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/50264/?format=api",
    "text_counter": 382,
    "type": "speech",
    "speaker_name": "Mr. ole Metito",
    "speaker_title": "The Assistant Minister for Regional Development Authorities",
    "speaker": {
        "id": 199,
        "legal_name": "Judah Katoo Ole-Metito",
        "slug": "judah-ole-metito"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, this Bill covers structures, functions and finances of the Independent Electoral and Boundaries Commission (IEBC). I want to talk about the independence of this Commission. The independence of this Commission is key to a successful, free and fair election in this country. I am talking of not only the independence of its finances, but first of all independence from any political patronage. This is a key challenge. If you refer to Clauses 5, 6, and 7 of the Bill, all these talk about the composition and appointment of the commissioners. It is really important that we note that the independence of this Commission depends on several factors. The most important one is the appointment and removal of its members. I have gone through the Bill, especially Clauses 5, 6 and 7. I have not seen anywhere where the removal of a member of this Commission is covered. That is an oversight that needs to be addressed. Maybe these are some of the shortcomings that we have when Bills do not go through the departmental Committees of this House. The most important issue is the appointment of the Commissioners. If you look at the manner in which the appointments are done, you will see that there is a selection panel. Its most important role is identification and recommendation for the appointment of commissioners. Unfortunately, that is now in the First Schedule. I am referring to the First Schedule of the Bill. But unfortunately, the recommendations are to be filtered by the President. Indeed, the panel itself is to be appointed by the President. The President will appoint a panel of nine Members drawn from the private and Government sectors. The panel will then advertise the vacancies, interview the candidates and submit nomination to the President. The President will choose out of the three names submitted for the Chair, and eight names for the commissioners out of the 13 names. Then the National Assembly will approve the names. Getting that approval will not be a problem if the President has a majority in Parliament. If the President has Parliamentary majority, which is very likely, getting that approval is not a problem. So, the President, who is the head of a political party, will have an interest in who to nominate as commissioners. By choosing the selection panel, he will indirectly be choosing the commissioners. Even if the President lacks Parliamentary majority, the final composition of the Commission will be as a result of party haggling and deals. This will not guarantee the independence of the Commission. We, therefore, need to do something to guarantee the independence of the Commission and protect it from any political patronage. I want to propose that at the Committee Stage, something should be done about these issues. When we say “appoint a selection panel comprising of distinguished professionals”, that phrase needs to be explained. What is the meaning of “distinguished professionals?” We really need to put specific criteria because there are so many professionals. Mr. Temporary Deputy Speaker, Sir, another important aspect of this Bill is captured under Clause 28, which provides that the Commission may request legal advice from the Attorney-General."
}