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"content": "country thought that summoning governors by the Senate for accountability was the wrong thing, and that we were fighting devolution and governors. There is now a growing acceptability across the country that the only place to run to when you are talking about misuse of public resources is the Senate. That is a pointer to the fact that when you stand firm on what you believe and what you are supposed to do, that will lead to the situation that we are talking about now. Mr. Temporary Speaker, Sir, one of the things that the Chief Justice must not confuse is the provisions of the Constitution and the judicial activism. Some judges have misused the word “judicial activism” to go on flair of their own and give orders that are not provided for in the Constitution or go to the extent of denying constitutional provisions. Look at the question of Gov. Wambora. If you ask yourself why judges have spent about two years keeping in office a governor who has been impeached when the provisions of the Constitution on impeachment were supposed to ensure that it becomes short as it is a governance question and tried in this House to finality; why would a judge say that we did not consult the public on the removal of a governor? How do you consult the public as though the public are the ones who are going to try, question corruption, stealing money and violation of the Constitution? It is this House that the Constitution gave the responsibility to do the trial, both for the President and for the governors. Mr. Temporary Speaker, Sir, in issues of “judicial activism,” some judges have been compromised. They are pretending to be protecting governors and devolution, but in essence, they are compromising the very essence of the Constitution. Otherwise, although the Chief Justice was a great man of great brains, great ideas, and humility; he failed on the management question. There was a lot of bickering in the judiciary. You could just see the decision of Justice Tunoi and Justice Rawal and see the exchanges that the Judges had and the bitterness the judges had. That is a demonstration that the Chief Justice may have not succeeded in keeping judges of the Supreme Court as a team. The question of removal Mrs. Shollei, Justice Tunoi and all those things exposed the fear that the Judiciary and the JSC would have done better in terms of portraying the institution of justice as an institution that is willing to listen to both sides and follow the due process of law with the presumption of innocence being in place. Mr. Temporary Speaker, Sir, to a great extent, there was a lot of failure as far as management is concerned. Otherwise, the Chief Justice is one man I would be more than happy to continue interacting with even after his tenure because of his immense knowledge, humility and ability to listen to various ideas. This is what we need at a time such as this. We, as a House, must be able to stand up against what is wrong, whether it is done by our political side of the divide or the opposite side. We must stand firm, particularly on the question of hate speech. We must stand to be counted and say that all animals are equal and must be treated equally before the eyes of the law, whether it is by a Jubilee Senator or a CORD Senator. The citizens of this Republic must be able to punish each one of us, as a leader, who is going to propagate hate and violence because if they do not do so, they lose their positions as our bosses over all of us who are being paid by taxpayers to be able to 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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