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{
    "id": 603195,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/603195/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "According to Mason’s Manual of Legislative Procedure, 2010 Edition, under the Chapter on Investigations by Legislative bodies, sub-section 6 says that the Legislature has power to investigate any subject where there is a legitimate use that the legislature can make of the information sought and an ulterior purpose in the investigation or an improper use of the information cannot be imputed. The manual further states, in sub-section 10:- “An investigation into the management of the various institutions of the state and the departments of the state government is at all times a legitimate function of the legislature.” In our case, expenditure is reviewed through the Public Accounts Committee (PAC) and the Public Investments Committee (PIC), whereas operational matters are reviewed through Departmental Committees. While it is important to recognize the position of the Chief Justice as the Head of Judiciary, it is imperative too to note that the bearer of the Office of Chairperson of the Judicial Service Commission (JSC) is expected to appear before this House or its Committees, when he or she is invited to do so. Pursuant to Article 226 (3) of the Constitution, the accounts of all Government and State organs are audited by the Auditor-General. Once laid in the House, PAC calls the Accounting Officers to respond to audit queries as contained therein. The law has clearly prescribed who the accounting officers are for State organs. If, however, in the course of investigation, evidence is adduced to the fact that certain holders of public offices have either directed, approved or acted in a manner contrary to law or lawful instructions, then such public officers shall be personally liable for such actions and investigative Committees will have power to summon and examine such persons without let. This is a power that is inherent and reposed in the Legislature and exists as an indispensable incident as stipulated in Article 125 of the Constitution. It is upon state organs, particularly the Commissions, to clearly draw a line between what is policy and day-to- day administrative matters. It would help if they largely restrain themselves to policy direction and leave execution of those policies to the relevant bodies and/or officers working in those State organs. Hon. Members, on the second issue of determination on whether PAC can re-open the Report on the Judicial Service Commission and the Judiciary as requested by the Chief Justice, it is prudent to consider the submissions by the Chairperson and Members of the said Committee that they tried in vain to have the Chairperson of the Judicial Service Commission meet the Committee. In addition, the Committee has submitted that the Chairperson of JSC was given ample time within which to present additional supporting documents on the matters that were under inquiry. Moreover, the additional information by the Chairperson of the JSC was submitted on 27th October 2015, 16 weeks after the Report was laid in the House by the Committee. You all know too well that the laying of a Committee Report in the House signifies 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."
}