Entry Instance

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

{
    "id": 782018,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/782018/?format=api",
    "text_counter": 192,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon Senators, to the first two questions, it is clear to me that although all the senators listed as having attended the meeting are Members of ODM and although the meeting was in fact a meeting of the ODM party parliamentary group, the criteria set out at Standing Order 20(4) that the removal of the minority leader be by a majority of the votes of all Senators belonging to the Minority Party has been met. I am satisfied that the 16 Senators constitute a majority of the 27 senators belonging to the NASA coalition and that all the said senators belong to the minority party, which is in this case is the NASA coalition. Standing Order No. 20(5) governs what is to happen upon the removal of the Minority Leader. It provides as follows and I quote:- “The removal of a Senator from office under paragraph (3) shall not take effect until a Senator is elected in the manner provided for under paragraph (1). The evident logic of this paragraph is to avoid a situation where at any particular time, there is no occupant of the office of the Senate Minority Leader because the incumbent has been removed and no new one has been elected. Hon. Senators, Standing Order No.20(5) also clarifies who the legitimate entity to elect a leader of the Minority Party is. As already recited, the Minority Leader is required under Standing order No. 20 (1) to be elected by the second largest party or coalition of parties in the Senate. The question I have had to address is whether the meeting of the ODM parliamentary group yesterday as evidenced by its minutes qualifies as a meeting of the NASA coalition that could properly elect a new Senate Minority Leader within the meaning of Standing Order No.20 (1). Hon. Senators, it cannot be gainsaid that political parties are recognized under Article 91 of the Constitution and are subject to the requirements thereunder. Political Parties are also subject to legislation made, pursuant to Article 90(2) of the Constitution. In the context of the Senate, political parties have the opportunity to present themselves for recognition in the Senate either as single political parties or as an alliance or coalition of parties operating under a coalition agreement deposited with the Registrar of Political Parties. It is their prerogative; it is their choice, but when they make their choice, they must abide by the consequences of that choice. Coalitions enjoy the benefit of being a coalition, such as enhanced numbers resulting therefrom, but must similarly, put up with the language that comes with the coalition status such as the decision making required under Standing Order No.20(1). Hon. Senators, in light of all these, I, therefore, wish to communicate as follows with regard to the letter forwarded to me by the Senate Minority Whip earlier today:- I find and hold that on the basis of the letter, and the minutes and the signatures appended thereto, the criteria and threshold set out in Standing Order No.20(4) has been met and Senator Moses Wetangula, has been validly removed from the office of the Senate Minority Leader. According to Standing Order No. 20(3), I also find and hold that to the extent that the appropriate entity to elect a Minority Leader for the Senate is the National Super Alliance(NASA) coalition and to the extent that the entire entity and the meeting that has 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."
}