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{
    "id": 617040,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/617040/?format=api",
    "text_counter": 79,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Memorandum on the Public Audit Bill (National Assembly Bill No.38 of 2014) and the Consideration of the Presidential Memorandum on the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2014). In the communication, I directed that the two memoranda be scheduled for consideration on the week starting 6th October, 2015. After my communication, several Senators urged the Speaker to stay the consideration of the memoranda to allow consideration of the issues they had raised, including whether the President, who is not a Member of Parliament, can participate in law making by exercising little power amongst others. Hon. Senators, on 28th October, 2015, I issued another communication responding to the issues raised by the hon. Senators then, and directed that the President’s Memoranda on the two Bills be placed on the Order Paper for consideration at the Committee of the Whole. On 29th October, 2015, the Committee of the Whole considered the President’s Memorandum on the Public Audit Bill (National Assembly Bill No.38 of 2014) and the Consideration of the Presidential Memorandum on the Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) by canvassing the recommendations by the President and deferred the putting of the question. The Committee then reported progress and sought leave to sit again. On 11th November, 2015, I issued a further communication addressing a request by hon. Senators on the threshold required to approve or reject the President’s recommendations as contained in the memoranda. In the previous communications, I gave the following guidance:- 1. The Senate, pursuant to Article 115(2) of the Constitution, may amend the Bills in light of the President’s reservations or amend the Bills in a manner that fully accommodates the President’s reservations. This will require the vote of a majority of the delegations in the Senate which is 24 delegations. 2. Pursuant to Article 115(4) of the Constitution, pass the Bills a second time without amendment or with amendments that do not fully accommodate the President’s reservations. This will require the vote of two-thirds of the delegations in the Senate which is 32 delegations. I also gave guidance on what will happen in the event that the Senate does not obtain the 24 delegations required to accept the President’s reservations or where the Senate does not obtain the 32 delegations required to reject the President’s reservations. I ruled that the only action that would take the agenda forward is either an acceptance or rejection of the President’s reservations by the requisite numbers and as such, any other action that does not result in an outright acceptance or rejection of President’s reservations would put the Bill in constitutional purgatory requiring some new actions that will reignite and bring the legislative process to a close. On 17th November, 2015, the President’s recommendations on the Public Procurement and Asset Disposal Bill were voted on in the Committee of the Whole. After the Division and the announcement of the results, the Chairperson of the Committee of the Whole, based on the previous rulings by the Speaker, informed Senators on the implications of the results of the Division, being that the Senate had not made a clear decision on the recommendations by the President regarding the Public Procurement and 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."
}