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{
    "id": 711300,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/711300/?format=api",
    "text_counter": 96,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, on Thursday, 27th October, 2016 during the afternoon sitting, the Leader of the Majority Party, Hon. Aden Duale, MP, rose on a point of order seeking direction from the Speaker on the de-whipping of Members from Committees by parliamentary parties pursuant to Standing Order No. 176. Specifically, he sought a determination of the question as to whether political parties can invoke the provisions of Standing Order No. 176 against certain Members despite the provisions of the Constitution; in particular Article 47 on the right to fair administrative action ; Article 50 on the right to fair hearing, and Article 236 (b) on the protection of public officers. Additionally, the Leader of the Majority Party sought guidance whether the House has a role in the process of the discharge of a Member from a Committee to which it considered and approved his or her appointment. He also sought guidance on whether our current practice of actualising the provisions of Standing Order No. 176 would be unconstitutional to the extent that, in some cases, the discharges are necessitated by matters external to the proceedings or business of the House. He also contended that even if that particular Standing Order did not exist, political parties would still have the liberty and lawful avenues to punish or instill discipline on their members within the confines of internal party mechanisms and the Political Parties Act. From the issues canvassed by Leader of the Majority Party, the following issues arouse for thoughtful consideration: (i) Whether and to what extent Standing Order No. 176 may be used as a mechanism for enforcing party discipline for breaches outside the proceedings of the House or its Committees; (ii) Whether the provisions of Standing Order No. 176 is to be applied against Members of the House by instigation of or order of persons other than Members of the House; (iii)Whether Standing Order No. 176 adequately protects the rights of Members in the performance of their functions in the House. Related to this is the question of whether in the practice of Standing Order No. 176 without instituting a formal fair hearing forum within a political party setting in the confines of the precincts of the Parliament, we have been exposing Members to some form of injustice and unfair prejudice. Hon. Members, you will recall that in reserving the concerns of the Leader of the Majority Party for a considered ruling, I did mention that the Procedure and House Rules Committee has been actively dealing with the issue of the review of Standing Order No.176 in light of formal concerns raised by Members and various suggestions for amendment of the Standing Orders. Undeniably, this matter has caused disquiet in the House and specifically the leadership for a long time. Indeed, the Member for Lunga Lunga, Hon. Khatib Mwashetani had earlier in the Session raised matters along the same lines. The concerns raised with regard to the application of Standing Order No.176 and the interventions sought have been threefold: (i) The need for the affected Member to be notified before discharge; (ii) The need to subject the aforementioned notification to a forum of Members of the parliamentary party in the House; and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}