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{
    "id": 579926,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/579926/?format=api",
    "text_counter": 57,
    "type": "speech",
    "speaker_name": "Hon. Keynan",
    "speaker_title": "",
    "speaker": {
        "id": 41,
        "legal_name": "Adan Wehliye Keynan",
        "slug": "adan-keynan"
    },
    "content": "The other definition of precincts of Parliament is: “Places provided for the use or accommodation of the members, members of the public and representatives of the Press used in connection with the proceedings of Parliament or its Committees.” This further clearly qualifies what constitutes the precincts of Parliament. Paragraph (f) of Clause 3(1) is critical. It reads: “All other buildings or parts of a building provided or used in connection with the proceedings of Parliament or its Committees while so used by Parliament, including such premises as may be leased by Parliament.” Therefore, if because of certain challenges we decide to lease a facility, that facility by definition becomes part of the precincts of Parliament. Nobody will say: This is not Parliament because it is not the space or land allocated to Parliament. I want to inform Members that the legal team of Parliament considered and analysed the court rulings from the High Court to the Court of Appeal and the Supreme Court on the unique case of Hon. Gor Sungu. We learnt a lot. These are the issues that we are addressing. The courts made a pronouncement, which must be respected. It is up to us to legislate and seal the loopholes that were exploited in that case. Clause 3(2) provides that: “Where Parliament or a committee convenes outside the premises ordinarily used for its sittings, this Act shall apply as if the premises where Parliament or the committee is sitting were within the precincts of Parliament.” We have had challenges with the definition of the precincts of Parliament. All of us are in committees. Sometimes we travel, either within or outside the country. The facility which a committee uses for its sittings, as long as it is in a formal session, will qualify as a precinct of Parliament. This is critical because the current Act does not cover it. When these issues are not clearly defined, you get different interpretations, which sometimes mislead even the courts. In legal parlance, people normally say there are as many opinions as there are lawyers. You do not know who is likely to sway the thinking or the final persuasion of whoever is presiding over a particular case. That is why we felt we should be crystal clear in the definition of what constitutes the precincts of Parliament. The National Assembly and the Senate are organs established under Article 93 of the Constitution. This Bill will eventually go to the Senate. Article 94(1) of the Constitution provides as follows in relation to the role of Parliament: “The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” Parliament is therefore a critical institution. Article 109(1) of the Constitution explains how Parliament executes its legislative role. It provides that: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}