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"content": "should be addressed. The SRC serves a constitutional role which cannot be usurped by any other constitutional commission, State office or agency. Therefore, when there is a gap in the law, it means that it stands unresolved until there are circumstances under which it can be addressed under the Constitution and the law. Mr. Speaker, Sir, the other provision found in Section 2 is that there should be timelines. There was a time when Parliament used to enact legislation and where, in the Act itself, there was no provision for commencement. It was possible, under the old order that a law could be passed, but because the President had not designated the date of commencement or had not caused the Act to be published in the Gazette, then that Act would – for all intents and purposes –be moribund, even if it had been assented to by the President. By the sheer fact that it had not been published and gazetted as an Act of Parliament, then that law would remain in the archives. There are cases which come to mind and I know quite a number of such legislation where the President, at that time, by a dint of the provisions of the old Constitution, could control what was happening in Parliament. Even where he had assented to an Act of Parliament, he would just sit on the enactment of an Act of Parliament. Now at least, in the Constitution, we have timelines that if the President does not assent to a Bill, or it is not published, then certain consequences follow. The one for not assenting, at least, there were constitutional provisions. On the question of gazettement, there were no clear provisions. In this one, because there are no timelines, then it depended on whether you liked the commission and its functions or you did not like it, then you could make a decision, either way, depending on your discretion. This is a necessary provision because it will make the commission functional by abiding by these timelines. There have been vacancies, for instance, in the Independent Electoral and Boundaries Commission (IEBC). First of all, I do not see the question whether there are vacancies. It is a matter which is debatable. The second question would be, are there vacancies if they have not been declared? This is why I was proposing that this could be the trigger for a more healthy debate to look at commissions as a whole and find out if they are lacking similar provisions. The Chair of Committee on Finance and Budget could take it up, if it is such a body that falls under their mandate or it would be a spark to other Committees and Members of the Senate to similarly take it upon themselves to bring a Bill to the Senate to address such legal gaps. Finally, law makers find themselves in a very difficult position. We make laws because we want those laws to serve the country. After making those laws, we set up circumstances under which those who implement those laws should function. Thirdly, you make such laws to give enabling tools for such commissions to operate. It is sometimes a bit of a concern that after giving commissions of this nature such tools, they do not function in a manner which Parliament envisaged. One day when somebody will look at this Bill and, probably, following what is in the HANSARD and reading what the Chairman of the Committee on Finance and Budget said; he will say the mind of the maker of this Bill was the following---. It is important 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."
}