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{
    "id": 596352,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/596352/?format=api",
    "text_counter": 151,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "“When a Bill has been passed by the National Assembly, it shall be presented to thePresident for his assent. (3)The President shall, within twenty-one days after the Bill has been presented to him for assent under subsection (2), signify to the Speaker that he assents to the Bill or refuses to assent to the Bill. (4) Where the President refuses to assent to a Bill he shall, within fourteen days of the refusal, submit a memorandum to the Speaker indicating the specific provisions of the Bill which in his opinion should be reconsidered by the National Assembly including his recommendations for amendments. (5) The National Assembly shall reconsider a Bill referred to it by the President taking into account the comments of the President and shall either— (a) approve the recommendations proposed by the President with or without amendment and resubmit the Bill to the President for assent” Mr. Chairman, Sir, this compared with the current Constitution, the wording is very different. It emphasises on the separation of powers that the President should never be a lawmaker. He can only become a lawmaker by way of subsidiary legislation. That is when Parliament or the Constitution empowers him. Article 115(1) provides that:- “Within fourteen days after receipt of a Bill, the President shall— (a) assent to the Bill; or (b) refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill. (2) If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part— ( a ) amend the Bill in light of the President’s reservations; or ( b ) pass the Bill a second time without amendment.” Mr. Chairman, Sir, looking at the Memorandum, there are not only just recommendations, but are also proposals for amendments. The President has gone far beyond what the Constitution empowers him to do. In matters of legislation, the President other than the role he plays on the question of assent, is just like any other member of the public that desires Parliament to act in a certain way for legislation to be enacted. If the matter comes before Parliament, both Houses must fully follow the procedure. If we are confronted with a recommendation which is in itself an amendment which we must pass in the form it is in, it means that Parliament will not be looking at the entire picture, including any material that would have come to Parliament in terms of public participation. The Standing Orders support this view fully. Standing Order No.158(5) states that:- “Where the Joint Committee fails to submit a report under paragraph (2), or the report of the Joint Committee is to the effect that the Committee has failed to agree to the President’s reservations or where the Joint Committee fails to agree on a version of proposed amendments to the President’s reservations, the President’s reservations shall be taken to have been approved by Parliament upon the laying of the report on the Table of the Senate under paragraph (2)” Mr. Chairman, Sir, I plead with you that we look at this matter carefully. I suggest that it is committed to the Committee on Legal Affairs and Human Rights or we look for 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."
}