Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 704398,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/704398/?format=api",
    "text_counter": 296,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Madam Temporary Speaker, this is a constitutional amendment Bill. I know there have debates out there on whether or not the time has come to amend the Constitution and there have been various views from various quarters. Personally, I think since 2010 up to now, six years is a long time. We start entertaining the thought of a possible constitutional amendment comprehensively not just in terms of specific piecemeal amendments but comprehensively. I think there will be a national convergence that between the sixth year to the tenth year, we must confront the issue of this Constitution and fill the gaps that may exist, remove the contradictions that we have experienced and, therefore, this Bill could be trying in a piecemeal way to seal some of those loopholes. Madam Temporary Speaker, this Bill is about the immunity of Parliament. It tries to cure a problem that we have experienced in the last three years being the first Parliament that has been created under the current Constitution. The problem has been that in some instances, other arms of Government have tried to claw into the purview and the mandate of Parliament. This is contrary to the doctrine of separation of powers and against the spirit of constitutionalism. Parliament has had problems with the Executive in several aspects, also challenges and run-ins with the Judiciary. We have had cases where matters being considered before this House or the National Assembly have been taken over by the Judiciary, not in a complementary manner, but sometimes in a condescending, spiteful and illegal manner. We have pronounced ourselves in the past that Parliament is not subservient to any other arm of Government. It is complementary to the other arms of Government but not subordinate to the Executive or the Judiciary. This amendment Bill protects and entrenches further the immunity of Parliament from claw back by the other two arms of Government. Madam Temporary Speaker, I would like to highlight three things on this Bill. The first one is that it gives functional immunity to individual Members of Parliament so that whatever a Member does in good faith and in exercise of parliamentary functions, cannot be used against him or her. The same applies to the Judiciary. You cannot hold a judge responsible for a decision that they have made in good faith and in the performance of judicial functions. However, two or three years ago, Senators were sued in their individual name for something that they had passed in this House. You sue the Parliamentary Service Commission (PSC), the Speaker of the Senate or the National Assembly and also individual MPs. In this case, it was the Senators. I have never heard of such kind of situation anywhere in the world. I have read constitutions of all the countries of the world and I have never experienced such a situation, where a legislator issued or can be sued or be made liable for actions or missions related to parliamentary functions, except where there is no rule of law. That is the first clarification that this Bill brings. That, an MP is not liable in an action or suit in respect of anything done or meted to be done in good faith in the lawful performance of a function of Parliament. This is clear, and I do not think there should be contention on whether this is justifiable or not. It is absolutely necessary but it is one of the clarities that we missed in the Constitution-making process. That is why, for example, we have had instances like I have illustrated. The second thing that this Bill tries to do is to amend Article 165 of the Constitution on the High Court and in particular in exercise of supervisory jurisdiction. 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"
}