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{
    "id": 844212,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/844212/?format=api",
    "text_counter": 129,
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    "content": "Orders, we cannot be seen as establishing a precedent of condoning the condemnation of persons without affording them an opportunity to be heard. The right to a fair hearing, as one of the twin principles of natural justice, is entrenched in Article 50 of our Constitution which precludes individuals from being penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. In addition to this, Article 47 of the Constitution provides for the right to fair administrative action which is expeditious, efficient, lawful, reasonable, and procedurally fair. Indeed, this House enacted the Fair Administrative Action Act in 2015 to operationalise Article 47 in order to further guide the conduct of administrative actions and other proceedings adversely affecting the rights of individuals. Affording persons the right to present their case is in line with guiding principles of parliamentary practice as noted in the updated version of the Benchmarks for Democratic Legislatures issued by the Commonwealth Parliamentary Association (CPA), of which Members of this House are members. As a safeguard against the abuse of the freedom of speech granted to the Legislature, Benchmark 1.4.4 states, and I quote, “The Legislature shall have mechanisms for persons to respond to adverse references made to them in the course of the Legislature’s proceedings.” In conducting hearings, preparing and tabling its Report and recommendations, the Departmental Committee on Agriculture, Livestock and Cooperatives was under an obligation to apply and be seen to have applied a standard, methodical, open and fair process in its deliberations. It is only in applying such a process that the decisions of this House may stand the test of whichever challenge is made outside Parliament. Any compromise of such a process exposes the House to ridicule and reduces the confidence of the public in the procedures of the House and its role as a forum for the deliberation and resolution of issues of concern to the people. The House cannot on one hand pass the Fair Administrative Action Act, 2015 and on the other blatantly flout the basic requirement of according adversely mentioned persons the fundamental right to be heard. Noting the glaring omission highlighted by the Petitioner and, indeed, on admission of the Committee itself that the Petitioner was not afforded an opportunity to rebut the allegations, it, therefore, behooves this House to revisit its resolution made when adopting the Report of the Departmental Committee on Agriculture, Livestock and Co-operatives. This will necessarily entail affording the Petitioner a chance to present its case for consideration by the House. As the concern raised does not constitute new evidence, there exists no jurisdiction to reopen and reconsider the entire subject matter of the Report. The appropriate Committee, therefore, to undertake this exercise is the Committee on Implementation currently seized of the implementation of the resolutions made from the Report to act as an appellate forum for the Petitioners to present their prayers. Indeed, such forum will examine the claims made by the Petitioners and also safeguard the authority of the House on matters for which it has inquired into and arrived at a resolution, before any other authority steps in. 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."
}