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{
    "id": 508939,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/508939/?format=api",
    "text_counter": 22,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Thirdly, Article 103(1)(b) of the Constitution provides that, “The office of a Member of Parliament becomes vacant if, during any session of Parliament, the Member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer satisfactory explanation for the absence to the relevant Committee.” In this respect, attendance to House sittings is mandatory and failure to comply with the provisions of the Constitution can lead to an office of a Member being declared vacant. The custody of this authority, including information as to whether a Member of the National Assembly has the consent of the Speaker to be absent, vests nowhere else but with the Speaker. Nobody within or outside this House should, therefore, purport to have such authority. The Speaker will continue to jealously protect this authority and cannot and will not, at any time delegate or transfer this authority to any other person. In this regard, any Member of the House who fails to attend Sittings of the House with written consent of the Speaker risks losing their seats in the manner contemplated in Article 103(1)(b) of the Constitution. All that a Member is required to do is to notify the Speaker that they will be absent and that information is kept by the Speaker, and no other person. Hon. Members, as I conclude, may I also extend counsel to all and sundry that, in view of the provisions of the Political Parties Act and the Constitution, it is not only unconstitutional but also unreasonable for a political party to direct Members not to attend House Sittings, which the Constitution make mandatory. Whereas there are methods of disciplining members of political parties, directives against a Member of Parliament not to attend House Sittings is not one of those available to political parties. In my view, a Member who goes against such a directive and attends House Sittings would not be, in any way, going against the ideology or policies of the political party that sponsored that Member as envisioned in Section 14 of the Political Parties Act, as to warrant discipline in the manner provided. Such Members would only be fulfilling their constitutional obligation as provided in Article 103 of the Constitution – which is superior to the Political Parties Act and indeed, the constitutions of political parties. Their mandate is also to represent and legislate as provided for in Article 94 of the Constitution and, therefore, a Member cannot possibly incur the wrath of their sponsoring political parties for merely fulfilling their obligations under the Constitution. Please, be guided accordingly. Thank you."
}