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{
    "id": 526908,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/526908/?format=api",
    "text_counter": 128,
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    "content": ", it should relate to active court proceedings. The second is that there must be a likelihood of prejudice to the fair determination of the matter by the reference to it in the House. The third point or element is that the Chair has discretion to allow reference to a matter, notwithstanding that it is active and that there is a likelihood of prejudice to its fair determination by the courts.” Mr. Speaker, Sir, you, as the Chair will have to determine today, notwithstanding any fear that the matter may be prejudice; you must decide that this matter is of such vital national importance that it must be discussed by the House. “Thirdly, regardless of the answer to the first two issues; whether the Speaker should exercise his discretion in favor of allowing debate on the report of the two Committees….” That was relevant to those two Committees. But, Mr. Speaker, Sir, I want to refer to yet another matter in the report and I am choosing them very carefully to be relevant to the debate today. On the question of the likelihood of prejudice to the fair determination of court proceedings, it is useful to note that the legal term “prejudice” finds expression in many areas of the law and might be disguised in a myriad of ways. The concept is supposed to operate to prevent procedural and substantive injustices so as not to create them. Allegations of prejudice must be scrutinized carefully such that specific allegations of likelihood of prejudice should be detailed with sufficient particularity to allow the Chair to make an informed decision on the merits of the allegation. I repeat “an informed decision on the merits of the allegations.” But much more importantly, Mr. Speaker, Sir – and this is a point that Sen. (Dr.) Khalwale referred to – it must be noted, hon. Members, that court proceedings are presided upon by judicial officers, properly trained in law and who have taken an oath to 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"
}