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{
    "id": 596374,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/596374/?format=api",
    "text_counter": 173,
    "type": "other",
    "speaker_name": "",
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    "content": "I have a small problem here and I know how you expect me to sort it out. Senators Orengo and Wetangula have raised very important issues. However Sen. Kagwe has raised another very important issue. He said that yesterday, at the request of Senators Wetangula, Orengo, and Dr. Khalwale, the Speaker issued a Communication from the Chair. I was here when the communication was issued and there was no debate on it; none that I heard. He was issuing the Communication on exactly the same issues that you are now raising. Some time earlier in October, the issue of these two Memoranda came in to question. Senators Omar, Wetangula, Dr. Khalwale and Orengo raised the issue with the Speaker and asked him to make a considered ruling on this issue. That is exactly what Sen. Wetangula is asking me to do now. That ruling by way of communication form the Chair was given yesterday and was not debated. In part five, it was answering the question on whether the President can participate in lawmaking. That is exactly the issue raised by Sen. Orengo. The Speaker referred to Section 46(4) of the repealed Constitution on whether or not the President can do so. The Speaker also spoke to the issue of whether the President can introduce new clauses in the memoranda, another issue that has been raised by Sen. Orengo. If the President did so, he would be taking up the legislative role of the Senate. He also spoke to the issue on whether the new Clauses have to follow all the legislative stages. Just to recap, he said at part II, and I quote. “I wish to state that Article 115(1)(b) provides that the President shall \"refer the Bill back to Parliament for reconsideration by Parliament, noting any reservations that the President has concerning the Bill\". This means that the President can only object to what is already in the Bill. In proposing how to deal with the reservations, he may propose amendments to the specific clauses, including such other consequential amendments in form of new clauses. Therefore, new clauses in place of those in the Bill can be proposed so long as they are within the scope of the Bill.” That is what the Speaker said yesterday in his Communication. Regarding the stages of the legislative process, he said: “By considering the Memorandum, Parliament is not re-opening debate on a Bill, but restricting itself to the “reservations”. In my view, the new clauses need not go through the entire legislative process of First, Second and Third Readings. Arising from this and upon further reflection and given the fact that the Joint Committee appointed to consider the Memoranda failed to submit a report, I now direct that the Memoranda on the two Bills be placed in the Order Paper for Thursday, 29th October, 2015, for consideration in Committee of the Whole.”"
}