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{
    "id": 7236,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/7236/?format=api",
    "text_counter": 397,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Reference was made to Supreme Court Constitutional Application No. 2 of 2011 in which the Supreme Court by a ruling dated 15th November 2011 directed that the case be heard and determined by the High Court. The High Court is currently seized of the matter in High Court Constitutional Petition No. 185 of 2011. It was argued that an attempt to introduce the Bill while the Petition was alive and current before the Judiciary will undermine Article 160 of the Constitution, and in particular sub-Article (1) thereof which insulates the Judiciary from any form of control or direction from any person or authority. It was further argued that introducing the Bill at this stage will be a violation of standing order 80 which disallows reference to a matter that is sub judice. For his part, the Minister argued that Parliament’s power to amend the Constitution under Article 256 did not interfere with or contradict the mandate of the Supreme Court provided for under Articles 163 and 165. He further argued that the matter before the Supreme Court was not whether or not, it was unlawful to amend the Constitution. The Minister, therefore, took the view that ultimately, Parliament, as the law making body, will require to enact legislation that will enable the Executive and other organs to organize transparent, free and fair elections. Hon. Members, the question of whether or not a matter is sub judice is not new to this House and the rules are by now fairly well settled. The rule of sub judice operates to bar members from making reference to any matter relating to active criminal or civil proceedings, the discussion of which is likely to prejudice its fair determination. It is not an absolute rule as the Speaker is empowered to waive the rule and allow reference to any matter in the House or in a Committee of the House."
}