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{
    "id": 702113,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/702113/?format=api",
    "text_counter": 73,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Thank you, Hon. Speaker. I rise to seek your direction on a matter of great importance to this House arising out of the application of Standing Order No. 176 which deals with de-whipping of Members from Committees by political parties. Standing Order No. 176 of the National Assembly Standing Orders provides that a parliamentary party that nominates a Member to a select committee may give notice in writing to the Speaker that the Member is to be discharged from a select committee. The discharge of a Member shall take effect upon receipt by the Speaker, of that notice. As you are aware and pursuant to Standing Order No. 176, several Members have in the recent past been discharged from Committees by their political parties in seeking to enforce discipline within their parties. Consequently, a question has arisen on the constitutionality of the act of the political parties de-whipping its Members from Committees. This is a very serious matter that I want you to rule on. It is on this basis that I rise to bring to the attention of the House the following fundamental issues: As you are aware, pursuant to Article 124 of the Constitution, each House of Parliament may establish committees and shall make standing orders for the orderly conduct of these proceedings, including the proceedings of committees. In this regard, Standing Order No. 176 can be invoked by political parties, in terms of discharging its Members from the Committee as a disciplinary measure, noting that the Standing Orders are meant to ensure the orderly conduct of the proceedings of a Committee in terms of the reading of Article 124 of the Constitution. A close reading of Standing Order No.176 indicates that all that it takes for a Member to be discharged from a committee is for the parliamentary party that nominated him to a select committee to give notice in writing to the Speaker that the Member is discharged from that Committee. Article 47 of the Constitution provides that every person has a right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. The provisions of Article 47 are further amplified in the Fair Administrative Action Act No. 4 of 2015. Further, Article 50 of the Constitution exposes the right to a fair hearing hence a person cannot be condemned without a hearing. Additionally, Article 236 of the Constitution provides that the person or a public officer shall not be subjected to disciplinary action without due process of law. It is well documented in Article 236 of the Constitution on the principle of due process of law. As you are aware, and pursuant to Article 260 of the Constitution, Members of Parliament are public officers. In this regard, to what extent - and I want you to answer this question - can political parties invoke the provisions of Standing Order No. 176 against certain errant Members despite the provisions of Articles 47, 50, 236(b) and Fair Administrative Action Act No. 4 of 2015?"
}