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{
    "id": 715174,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/715174/?format=api",
    "text_counter": 429,
    "type": "speech",
    "speaker_name": "Hon. Ababu",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "“(a) may be moved at any time and any other business then in progress may thereupon be interrupted---” With due respect to all hon. Members in this House, I really want to plead that we pay keen attention to the business we are seeking to transact after we conclude this matter. Hon. Speaker, what that clause, without any ambiguity indicates is that as at the time when this Motion is moved, business must be in transaction, which then presupposes that such a Motion can only be moved during the regular time of sitting of this House. We can shout at each other and insult each other until the chickens come home to roost, but the rules are the rules. We are either a House of rules or we are a House of anarchy that is going to be guided by insults and lack of decorum. Hon. Speaker, whereas Standing Order No.256 offers an opportunity to the Chair to exercise a bit of latitude, it can only happen when this House is seized of business within the regular time. Hon. Speaker, that time has already lapsed. With the lapse of that time, the opportunity to apply Standing Order No.256 has also expired. It is not applicable and that is just the law. That is just the Standing Order. Hon. Speaker, let me conclude by drawing your attention back to Standing Order No.29. As you make your ruling, I want to invite you to consider a point raised by Hon. Kimani Ichung’wah which I think will tie with my point that a determination of this matter must consider whether provisions for a special sitting are exempted from application of Standing Order No.30. Is a special sitting exempted from application of Standing Order No.30? I am inviting the Speaker to rule on that. There is a point which, Mr. Speaker, you must consider. Would you regard a special sitting as being exempt from application of Standing Order No.30? Secondly, I want to talk about the meaning of the last sentence in Standing Order No.29 (5). Allow me, for the avoidance of doubt to read it for the record. It says: “Whenever the House meets for a special sitting under Paragraph (1), the Speaker shall specify the business to be transacted on the day or days appointed and the business so specified shall be the only business before the House during the special sitting, following which the House shall stand adjourned until the day appointed in the parliamentary calendar.” Hon. Speaker, I invite you to consider whether that sentence, “following which the House shall stand adjourned until the day appointed in the parliamentary calendar” provides a window to transact any business already notified until the conclusion of that business. I invite you to consider those three points: One, whether Standing Order No.30 applies in toto for special sittings; two, whether the words “following which the House shall stand adjourned” exempt or would provide an opportunity for this House to continue to transact the business of a special sitting until conclusion of that business; and finally, the point I started with, that is, whether Standing Order No.256 can apply when the time allowed for such a sitting has already expired. Hon. Speaker, those are the points I invite you to consider. As I do that, let me conclude by saying that the Act we are seeking to amend is a matter that this House has had opportunity to set a precedent. On 28th February, 2008, the House that preceded this one enacted the National Accord and Reconciliation Act. This law was sanctified by reason of the process or the procedure that led to the enactment of that law. It was a child born out of consensus. It was a child born out of coming together of opposing forces. 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."
}