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"id": 944119,
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"speaker_name": "Sen. Wetangula",
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"legal_name": "Moses Masika Wetangula",
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"content": "Mr. Deputy Speaker, Sir, at that time, we visited comparable jurisdictions in the United Kingdom (UK), Canada, Australia, Zambia, South Africa, Nigeria and New Zealand, and we found absolutely no provision where Parliament can be injuncted by any authority. Mr. Deputy Speaker, Sir, you have analyzed Standing Order 98 very well, and I agree with you that even if the courts issued a restraining order, it will be invalid against Parliament. You have rightly said that we are not party to the proceedings that you are taking cognizance of. More importantly, this House has already set up a Committee. I want to bring to the attention of the House that Standing Order 98, the Marende ruling as expounded by your own ruling that goes even further than the Marende ruling, makes it very clear that no court out there will be so weak as a judge or magistrate to be sitting, listening as to whether anybody is commenting about what is before him or her so as to be influenced. Then that is neither a judge nor a judicial officer. There is no reason whatsoever justifiable in law and, in fact, for this House to stay the proceedings of the Committee for any number of days. This is because, the Committee has been established, it is time bound, and it has had its first sitting. Once it has had its first sitting, it must proceed to the end and report back to the House. Therefore, Mr. Deputy Speaker, Sir, there is no room for stay and, in fact I have tremendous trust in your clear thinking, and it has never been wanting. There is no provision and you cannot use Standing Order 1 to stay the proceedings of a Committee with a time bound structure. I want to urge you to rescind that position, because even when we went to court to challenge certain matters, as a House, I watched very keenly how the court was conducting itself. I wanted to hear whether the court would say, “Now that this matter is before us, as a court, Parliament must stop discussing it.” They never did that. In fact, the courts then encouraged Parliament to resolve the matter quickly and come back to resolve it for them. Therefore, courts also understand. In fact, any judge who purports to injunct Parliament acts per incuriam and any act per incuriam is not capable of obedience. Mr. Deputy Speaker, Sir and colleagues in this House, I urge you that, as we say in Swahili, meli imeng’oa nanga, it has set its sail. It is like when you go to swim, you can go to the pool and change your mind and go home. You can go to the diving board, change your mind and go home; but the moment you dive, you cannot change your mind The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}