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{
    "id": 993042,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/993042/?format=api",
    "text_counter": 13,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "Of paramount importance in a parliamentary context is voting. The Belgian House of Representatives amended its Rules of Procedure to allow Members, under certain conditions, to be considered as “present” at selected committee and plenary meetings, even when they are not physically in the chamber, and to vote electronically or by email. In Ireland, voting is currently by either ‘voice vote’ or ‘roll call vote,’ with Members remaining in their seats. In Greece, postal votes are being accepted. Only last week, the House of Representatives of the United States of America, with a Constitution that does not expressly provide for proxy voting, has voted to construe the Constitution as not prohibiting proxy voting and amended its rules of procedure to allow proxy voting during this period of the Coronavirus pandemic for Congressmen who are unable to attend the Plenary sittings in person. In our own case, we started with general guidelines for both Houses, but the peculiarities of each House have since demanded that each House addresses its unique challenges. Sen. (Dr.) Mwaura's concern has taken on a greater importance because, while Standing Order 96 (5) of the Senate Standing Orders provides that it is out of order for a Senator to criticize or call to question the proceedings in the National Assembly, and while there is a corresponding provision in Standing Order 87 of the National Assembly Standing Orders regarding the proceedings of the Senate, it is in the public domain that a Member of the National Assembly, on the Floor of the National Assembly, sensationally called to question the proceedings in the Senate and went so far as to seek the ruling of the Speaker of the National Assembly on the constitutionality of our proceedings. Briefly stated, the crux of the allegation made on the Floor of the National Assembly was that the voting procedure employed by the Senate during these extraordinary circumstances, pursuant to the aforementioned guidelines, violates Articles 122 and 123 of the Constitution by empowering or allowing the Senate Majority Leader and the Senate Minority Leader to vote on behalf of other Senators. Hon Senators, fidelity to the Constitution is at the core of the business of the Legislature and members of the public would be alarmed as indeed they must have been to hear that this august House has been conducting its business in a manner that violates the Constitution. An allegation of unconstitutionality levelled against a House of Parliament is so grave that it merits an urgent and appropriate clarification. In making this clarification, it is important to recite the following key differences between the Senate and the National Assembly both under the current COVID-19 situation, but also generally under the Constitution and the laws - (a)under the current situation, the Senate Chamber has been cleared by the health authorities to only accommodate 28 Senators while the National Assembly Chamber is allowed to accommodate 53 Members; (b)with 53 Members in the Chamber, the National Assembly can transact virtually any business save for amending the Constitution or other business requring a fixed majority; (c)the Senate, on the other hand, requires at least 24 county delegations in the Chamber to vote on matters that concern counties and cannot vote on any contested matter with only the 28 senators; 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."
}