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{
    "id": 506232,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/506232/?format=api",
    "text_counter": 45,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "When you look at Article 103 of the Constitution, which requires attendance; if a Member fails to attend without permission of the Speaker--- That is clear and it is not really a big issue. If a party on the other hand decides that a Members is in breach of the Party’s Constitution, or is propagating the ideals of another party, on whose ticket the Member was elected into the Assembly, then obviously the party will be required, if it so desires-- - First of all, it should apply its own constitution with regard to discipline. What I am saying is contained in the Political Parties Act. The Second Schedule gives parties the procedures and processes to be followed. The first thing is to follow your party’s constitution and apply disciplinary measures that are provided for in the party constitution. If that is done and a Member still feels that they need to petition, or appeal, then they will be at liberty to do so. If a party’s constitution provides for an appeal mechanism, then you can go that route; you can petition the political party’s dispute tribunal, which will listen; in dealing with the complaint of a Member who is disciplined, it will look at the party constitution and see if it has been followed. However, we should remember that the punishment that is provided for under Political Parties Act, Section 14(5) is based on Article 103; this is about when a member is deemed to have resigned. That deeming is a matter of evidence. I do not think by failing to attend a sitting of the House a party will say that the Member has resigned. I doubt if there is a party which has in its constitution provisions that require Members not to attend Parliament and if a Member attends then they are deemed to have resigned from the party. Of course, there will be an issue, if that matter is brought before the House, under the Powers and Privileges Committee. The Committee, will obviously look at the circumstances of the purported deeming; we cannot say that a Member has resigned from a political party merely because they attended Parliament. Among other things, the Member is elected to be in Parliament. I do not think it is a matter that should worry us a lot. However, you may benefit from what I can see hon. Oluoch holding. I think he is looking at Article 103 of the Constitution. Hon. Oluoch, the Floor is yours."
}