Entry Instance

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{
    "id": 759988,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/759988/?format=api",
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    "content": "You are transmitting a physically signed form, that is, Form 34A at the moment, or Form 34B or whatever form, it will be called in the regulations of IEBC. What is important is to make it succinctly clear in the law that once those forms have been filled in the polling station, they must be physically delivered to the constituency returning officer and the national returning officer to facilitate the role of verification. Again, a very important thing was going on in the Supreme Court in the morning; a clarification of the role of the Chairman of the IEBC in verification of Form 34A and Form 34B before announcing the results of the President. This also makes it clear that that verification must look into accurate record of the results as tallied in a polling station. To do so, you have to collect all kinds of pieces of evidence. This law makes it abundantly clear that it is only the truth that can facilitate the returning officer at the national level to be able to announce results as per the amendment of Section 39. Therefore, when the Chairperson declares the President, he must do so guided by the results as received from the respective polling stations and subsequently, the constituency tallying centres. Finally, Mr. Speaker, Sir, this law preserves the complementary system that can be used by the Commission in identification of voters. It also makes it clear in Section 83 of the Bill that a court shall not declare an election void for non-compliance with any written law relating to that law if it appears that the election was conducted in accordance to the principle laid down in the Constitution and in the written law – note that where ‘or’ was before, we have put ‘and’ – that the non-compliance did not substantially affect the results of the election. Only a substantial violation of the law and a substantial impact on the results can annul or invalidate an election. That does not include the argument that there is a form that was not photocopied or scanned well; or it that did not have a serial number. You must go further and say that the violation of the law has led to a substantial impact on the results of the election; and this is the law all over the world. I reckon that the omission of the word ‘and’ in Section 83 of the Bill was only occasioned by a very small mistake that was perhaps done to leave between (a) and (b)“or” instead of ‘and.’ Mr. Speaker, Sir, this law is very important for us and for the Republic. It is a good law and it is important that itis respected so that we can fill the lacunas that are in the Constitution. In the Acts of Parliament, we are able to give meaning to the constitutional provisions that we want. With those many remarks, I would like to move this Bill and request the country to continue interrogating and looking at this law. If they have anything that they want to send to us by tomorrow or even today, we can incorporate it for purposes of amendment of this Bill. So, I beg to move and request Sen. Dullo, who chaired the other Select Committee and who has a general understanding of all these amendments and the law as it is to second this Motion and contribute to it. Her Bill was a mirror of the Bill by Hon. Cheptumo in the National Assembly."
}