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{
    "id": 640158,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640158/?format=api",
    "text_counter": 11,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Hon. Senators, when the Chair allows you to enter, you must do it with speed; otherwise, you will remain waiting there forever. Hon. Senators, these issues have continued to recur in respect of the processing of legislation as between the two Houses in our bicameral Parliament. These questions have, however, not been restricted to the Legislature. It is important that I state that the compliance or otherwise by Parliament, and in particular the National Assembly, with Article 110(3) of the Constitution has arisen in various cases before the Courts. It has, therefore, become necessary that the Speaker of the Senate gives guidance on these matters for the general guidance of the Senate of the Eleventh Parliament and for posterity. Posterity will judge the Office of the Speaker of the Senate and the Senate as a whole harshly if these matters are not put on record at this early stage in the life of the Senate. Hon. Senators, the first issue relates to “whether or not Article 110(3) of the Constitution can be applied retrospectively. This, hon. Senators, is a straight forward matter. Article 110(3) of the Constitution is required to precede the introduction of a Bill in either House of Parliament. It must therefore, for all Bills, be complied with before a Bill is read a First Time in either House. It is not an optional or discretionary provision. The Supreme Court in Supreme Court Advisory Opinion No. 2 of 2013 had opportunity to pronounce itself on this matter as follows, and I quote – “The requirement for a joint resolution of the question whether a Bill is one concerning counties, is a mandatory one; and the legislative The electronic version of the Senate Hansard Report is for information purposes"
}