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"content": "Mr. Deputy Speaker, Sir, when we voted on Kiala’s Impeachment, we were 24. I was here and, therefore, the record must be clear. For purposes of those who are not lawyers, there is something called “the letter” of the law and “the spirit” of the law. The ruling we are seeking from you is for purposes of developing the law on how Presidential Memoranda are passed. Sen. Keter has misread the Constitution. If the drafters of the Constitution in Article 121 envisaged that a quorum of 15 was enough to make a decision of the Senate, they would have said so. There is a fundamental reason why there is an Article on Quorum, Voting in Parliament and on decisions of the Senate. However, there is a fundamental reason the Constitution has provision on “Quorum,” “Voting in Parliament” and “Decisions of the Senate.” There is a fundamental difference. Therefore, in reading the letter, you must understand the spirit. That is where Sen. Keter got lost a bit. Therefore, I want to take him on the road to Damascus. Mr. Deputy Speaker, Sir, the spirit of the Constitution under Article 123 that the Senate Minority Leader quoted states that a matter will be approved by the majority. The spirit of the Constitution, read with Standing Order No.76(4), means that if there are 15 Senators, there is no point to vote because they would have lost. You cannot call for a vote because the decision of the Senate is contained in Article 123, but not Article 121 of the Constitution. The framers of the Constitution envisioned that if we are supposed to make a decision, we would refer and apply Article 123(4), but not Article 121. Therefore, according to the wisdom of the drafters of the Standing Order No.76(2), the Speaker is supposed to call a roll call on a matter concerning the Constitution and the provided number is 24. If you allow me to go back, so that I can correct Sen. Keter, it is only Standing Order No.76(1)(b) where you find the quorum of 15 Members. It states that:- “If, on a question other than a question of procedure, fifteen or more Senators rise in their places to support the Senator claiming the roll call division.” 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."
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